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Chapter 7: ZONING ORDINANCE 7- 1

Chapter 7
THE ZONING ORDINANCE

7.1 Introduction
Zoning is the division of a community into zones or districts e.g., commercial,
residential, industrial, institutional, etc. according to present and potential
uses of land to maximize, regulate and direct development in accordance
with the Comprehensive Land Use Plan of the community. It takes the form
of a locally enacted ordinance.
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.

7.2 Benefits
The benefits attributed to Zoning are as follows:
o Maximum, optimum use of land based on suitability/capability e.g., use of
prime agricultural land for agricultural purposes;
o Promotion of public health and safety through compatible arrangement of
various land uses e.g., residential area should maintain considerable
distance from industries;
o Preservation of desirable character and real estate values of the district or
zone; and,
o Promotion of the rational and orderly growth of the community.

7.3 Legal Basis


The power to zone is derived from the police power of the state, which is
vested in the legislative body the power to make, ordain and establish
reasonable laws, statutes or ordinance, which promote the general welfare. It
is specified and defined in a number of laws and directives, namely:
o 1987 Constitution

Article III, Section 6. “The use of property bears a social function and all
economic agents shall contribute to the common good. Individuals and
private groups, including corporations, cooperatives and similar collective
organizations, shall have the right to own, establish and operate economic
enterprises subject to the duty of the state to promote distributive justice
and to intervene when the common good demands.”

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

o Section 20 of RA 7160 a.k.a. The New Local Government Code

Reclassification of Lands. 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 or provide
for the manner of their utilization or disposition in the following cases:

- when the land ceases to be economically feasible and sound for


agricultural purposes as determined by the Department of Agriculture
(DA); and,

- 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 the total agricultural land area at
the time of the passage of the ordinance:

- for highly urbanized and independent component cities = 15


percent;

- for component cities and first to third class municipalities = ten


percent;

- for fourth to sixth class municipalities = five percent, provided


further, that agricultural lands distributed to agrarian reform
beneficiaries pursuant to RA No. 6657 otherwise known as the
Comprehensive Agrarian Reform Law, shall not be affected by the
said reclassification and the conversion of such lands into other
purposes shall be governed by Section 65 of said Act.

- the President may, when public interest so requires and such 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; and,

- the Local Government Units shall, in conformity with existing laws,


continue to prepare their respective comprehensive land use plans
enacted through zoning ordinances, which shall be the primary and
dominant bases for the future use of land resources, and the
industrial expansion shall be taken into consideration in the
preparation of such plans.

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o Chapter 3, Article 3, Section 458.2 (VIII-X) RA 7160

The Sangguniang Panlungsod as the legislative body of the city shall …


(VII) Adopt a Comprehensive Land Use Plan, provided, that the
formulation, adoption or modification of said plan shall be in coordination
with the approved Provincial Comprehensive Land Use Plan; (VIII)
Reclassify land within the jurisdiction of the city, subject to the pertinent
provisions of this code; (IX) Enact integrated zoning ordinance in
consonance with the approved Comprehensive Land Use Plan, subject to
existing laws, rules and regulations establish fire limits or zone,
particularly in populous center and regulate construction, repair or
modification of building within said fire limits or zones in accordance with
the provisions of the fire code; and (X) Subject to national law, process
and approve subdivision plans for residential, commercial, or industrial
purposes and other development purposes, and to collect processing fees
and other charges, the proceeds of which shall accrue entirely to the city.
Provided, however, that where approval of a national agency or office is
required, said approval shall not be withheld for more than 30 days from
receipt of the application. Failure to act on the application within the
period stated above shall be deemed as approval thereof.

o PD 1396 (Amending PD 933) “Creating the Ministry of Human


Settlements, Renaming the Human Settlement Commission as the
Settlements Regulatory Commission”

It is hereby the policy of the government to foster the growth and renewal
of our communities, both rural and urban, in an integrative manner that
promotes optimum land use, adequate shelter, environmental protection,
utilization of appropriate technology and rational independence among
self-reliant communities.

o Letter of Instruction No. 729

Municipalities shall submit their land use plans, enforcement system and
implementing guidelines, including zoning ordinance to the Ministry of
Human Settlements through the HLURB for review and ratification.

o Section 5, Executive Order 648

Reorganization of the Human Settlements Regulatory Commission. The


HLURB shall:

- promulgate zoning and other land use control standards and


guidelines, which shall govern land use plans and zoning ordinance of
local governments;

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Chapter 7: ZONING ORDINANCE 7- 4

- review, evaluate and approve or disapprove comprehensive land use


development plans and zoning ordinance of local governments; and,

- issues rules and regulations to enforce the land use policies on human
settlements as provided for in various Presidential Decrees and Letters
of Instructions, namely:

- PD No. 399 “Limiting the Use of a Strip on One Thousand Meters of


Land Along Any Existing, Proposed or On-going Public Highway or
Road, Until the Government Shall Have a Competent Study and
Have Formulated a Comprehensive and Integrated Land Use and
Development Plan”

- PD No. 1216 “Defining Open Space in Residential Subdivision and


Amending Section 31 of PD No. 957 Requiring Subdivision Owners
to Provide Roads, Alleys, Sidewalks and to Reserve Open for Parks
and Recreational Use”

- PD No. 957 “Regulating the Sale of Subdivision Lots and


Condominiums, Providing Penalties for Violators Thereof”

- PD No. 1344 “Empowering the National Housing Authority to Issue


Writ of Execution in the Enforcement of Its Decisions Under PD 957”

- PD No. 815 “Amending Section 4 of PD 583- Prescribing Penalties


for the Unlawful Ejectment, Exclusion or Removal of Tenant-
Farmers from Their Farm holding”

- PD No. 933 “Creating the Human Settlements Commission”

- LOI No. 713 – “Regulating the construction for residential, industrial


or non-agricultural purposes on agricultural land by the Department
of Human Settlements and Environmental Management”

o PD 933 and EO 648 as Amended by EO 90

Empowering the HLURB to review and to approve or disapprove land use


plans and of cities and municipalities.

The aforesaid laws likewise authorizes 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.

o Executive Order 72

This provided for the preparation and implementation of the


Comprehensive Land Use Plan of LGUs pursuant to the Local Government
Code of 1991 and other pertinent laws.

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Chapter 7: ZONING ORDINANCE 7- 5

Republic of the Philippines


Angeles City
SANGGUNIANG PANLUNGSOD
15th Council
Ordinance No. 317, Series 2012
AN ORDINANCE ADOPTING THE REVISED ZONING ORDINANCE OF
ANGELES CITY
Be it ordained by the Sangguniang Panlungsod of Angeles:
WHEREAS, Republic Act 7160, otherwise known as the Local Government
Code of 1991, provides that Local Government Units shall, in
conformity with existing laws, continue to prepare their
respective land use plans which shall be the primary and
dominant bases for the future use of land resources;
WHEREAS, the implementation of Comprehensive Land Use Plan would
require the enactment of regulatory measures to translate its
planning goals and objectives into reality;
WHEREAS, a Zoning Ordinance is one such regulatory measure which is an
important tool for the implementation of the Comprehensive
Land Use Plan; and,
WHEREAS, the Local Government Code further provides that the powers
and responsibilities for the proper enforcement of the zoning
rules and regulations have been devolved upon the local
government.
NOW, THEREFORE, the Sangguniang Panlungsod of Angeles in a session
assembled hereby adopts the following Zoning Ordinance.
Article I
TITLE OF THE ORDINANCE
Section 1. Title. This Ordinance shall be known and cited as “The
Comprehensive Zoning Ordinance of Angeles City” and shall be referred to as
the Ordinance.
Article II
AUTHORITY AND PURPOSE
Section 1. Authority. This Ordinance is enacted pursuant to the
provisions of RA 7160, particularly Sections 458 a.2 (7-9) and 447 a.2 (7-9)
dated 10 October 1991, authorizing the City Government through the
Sangguniang Panlungsod to adopt a Zoning Ordinance, subject to the
provisions of pertinent and existing laws, and in conformity with EO No. 72.
Section 2. Purposes. This Ordinance is enacted for the following
purposes:

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Chapter 7: ZONING ORDINANCE 7- 6

1. Guide, control and regulate the future growth and development of Angeles
City in accordance with its Comprehensive Land Use Plan;
2. Define and delineate the land use for residential, commercial, industrial,
institutional, agricultural, open space and other functional areas within the
locality and promote the orderly and beneficial development of the same;
3. Promote and protect the environment, health, sanitation, safety, peace,
comfort, convenience and general welfare of the inhabitants in the
locality;
4. Provide adequate natural light and air ventilation, maximum privacy and
convenience of access to property;
5. Prevent undue concentration of activities that may collectively cause
undue harm to the City’s populace;
6. Regulate the location and use of buildings and lands in such a manner as
to avert the danger to public safety caused by undue interference with
existing or prospective traffic movements on such streets and
thoroughfares;
7. Provide safety from fire, pollution and other environmental hazards to life
and property; and,
8. Harmonize pertinent provisions of this Zoning Ordinance with existing
and/or relevant core edicts, executive orders, circulars, mandates and
development plans.
Section 3. General Zoning Principle. This Zoning Ordinance is based on the
approved Comprehensive Land Use Plan of Angeles City per Resolution No. _
dated _.
Article III
DEFINITION OF TERMS
Section 1. Definition of Terms. Words and phrases used in this Zoning
Ordinance are compiled and defined in Annex A which is made an integral
part of this Ordinance. The interpretation of technical terms shall carry the
same meaning given to them in already approved codes, rules and
regulations, such as, but not limited to, the National Building Code, Water
Code, Philippine Environmental Code, Code on Sanitation, National Pollution
Control Act of 1976, Urban Development and Housing Act of 1992 and other
Implementing Rules and Regulations, promulgated by the HLURB.

Article IV
ZONE CLASSIFICATIONS
Section 1. Division into Zones/Districts. To effectively carry out the
provisions of this Ordinance, the City is hereby divided into the following
zones or districts as shown in the Official Zoning Maps:

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Chapter 7: ZONING ORDINANCE 7- 7

1. Settlement Area
1.1. Low Density Residential Zone (R-1)
1.2. Medium Density Residential Zone (R-2)
1.3. High Density Residential Zone/General Residential Zone (R-3)
1.4. Socialized Housing Zone (R-4)
2. Production Area
2.1. Agricultural Zone (AGZ)
2.2. Industrial Zone (IZ)
2.2.1. Industrial 1 (I-1)
2.3. Commercial Zone (GCZ)
2.3.1. Commercial 1 (C-1)
2.3.2. Commercial 2 (C-2)
3. Protected Area
3.1. Parks and Open Space
3.2. Watershed Reserve
3.3. River and Creek
3.4. Abacan River
4. Infrastructure Facilities
4.1. DMIA Complex
4.2. Institutional Facilities
4.3. Cemetery
4.4. Road Network
4.5. Railway
Section 2. Zoning Map. It is hereby adopted as an integral part of this
Ordinance, the Official Zoning Map for urban areas and for the whole City,
duly prepared by the Office of the City Planning and Development
Coordinator, wherein the designation, location and boundaries of the
districts/zones herein established are shown and indicated (Figure 7-1). The
Such Official Zoning Maps shall be signed by the City Mayor and attested by
the Secretary of the Sangguniang Panlungsod. The estimated areas of the
different zone categories are shown in Table 7-1.

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Figure 7-.1. The Zoning Map of Angeles City, 2010-2020

MUNICIPALITY OF MEXICO
CLARK SPECIAL ECONOMIC ZONE
MUNICIPALITY OF MABALACAT
Chapter 7: ZONING ORDINANCE

ZONING MAP OF ANGELES CITY (2010-2020)


ORDINANCE NO.
1 Kl. 0 1 Kl.

1000 500 100 0 50 200 300 500 1000

LEGEND:
Protected Area Settlements Area
Abacan River Residential District 1 (R-1)
Open Space/Parks Residential District 2 (R-2)
Watershed Reserved Residential District 3 (R-3)

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


MUNICIPALITY OF PORAC
SAFDZ Area Socialized Housing (R-4)
Rice Paddy Infrastructure Area CITY OF SAN FERNANDO
Fishpond DMIA Complex
Cultivated Land Institutional
Orchard, Industrial Tree Cemetery
Phil. National Road
Production Area Creek
Agriculture, Tropical Grass
7- 8

Commercial 1
Commercial 2
Special Use Zone
Industrial (I-1)
Chapter 7: ZONING ORDINANCE 7- 9

Table 7-1. The Estimated Areas and Distribution Share of the Various Zoning
Categories found in the Zoning Map of Angeles City, 2010-2020

% Share Over
Zones Area (Ha)
Total

Settlement Areas
R-1 270.99 4.36%
R-2 1,104.65 17.77%
R-3 1,015.19 16.33%
R-4 551.07 8.86%
Subtotal 2,941.90 47.32%

Protected Areas
Abacan River 145.22 2.34%
Cultivated Land 505.29 8.13%
Fishpond 12.48 0.20%
Open space, Park 109.89 1.77%
Orchard 36.36 0.58%
Watershed Reserve 496.58 7.99%
Subtotal 1,305.82 21.01%

Production Areas
C1 291.14 4.68%
C2 253.07 4.07%
I-1 225.50 3.63%
Industrial Tree Plantation 4.26 0.07%
Agricultural, Tropical Grass 483.67 7.78%
Subtotal 1,257.64 20.23%

Infrastructure Areas
Cemetery 56.07 0.90%
DMIA Complex 220.65 3.55%
Institutional Facility 91.22 1.47%
Local Roads 214.39 3.45%
Major Roads 119.04 1.91%
Railway 10.64 0.17%
Subtotal 712.01 11.45%

Total 6,217.37 100.00%

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Chapter 7: ZONING ORDINANCE 7- 10

In case of loss, damage, destruction and/or extreme difficulty in the


interpretation of the Official Zoning Map(s), the Sangguniang Panlungsod
may, by Resolution, adopt a new Zoning Map(s) which likewise shall be in
accordance with the Comprehensive Land Used Plan of the City; provided that
all prior maps or any significant parts hereof shall be preserved together with
all the available records pertaining to their adoption and/or amendment.
Section 3. Zone Boundaries. The locations and boundaries of the
abovementioned zones into which the City was divided are hereby identified
and specified. These zone boundaries refer to the Zoning Map and Proposed
Comprehensive Land Use Map.
1. Settlement Area/Residential Zone (R-1, R-2, R-3 and R-4) – the
residential zones in the Zoning/Urban Map are all the areas colored
yellow, yellow orange, gold and light brown.
2. Agricultural Zone (AGZ) – the agricultural zones in the Zoning/Urban Map
are all the areas colored green.
3. General Commercial Zone (GCZ) – the commercial zones in the
Zoning/Urban Map are all the areas colored red and pink.
4. Industrial Zone (I-1) – the industrial zones in the Zoning/Urban Map are
all the areas colored violet.
5. Protected Area – includes park and open space (patches of green within
settlement/residential zones), watershed reserve (dark brown), river and
creek (dark blue) and Abacan River (light blue).
6. Infrastructure Facilities – includes economic, social and administrative
infrastructure, utilities and transportation facilities as well as institutional
facilities.
Section 4. Interpretation of Zone Boundaries. In the interpretation of the
boundaries for any of the zones indicated on the Zoning Map, the following
rules shall apply:
1. Where zone boundaries are so indicated that they approximately follow
the center of streets or highways, the street or highway right-of-way
lines, shall be construed to be the boundaries;
2. Where zone boundaries are so indicated that they approximately follow
the lot lines, such lot lines shall be construed to be the boundaries;
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;
4. Where the boundary of a zone follows approximately a railroad line, such
boundary shall be deemed to be the railroad right-of-way;
5. Where the boundary of a zone follows a stream, lake or other bodies of
water, said boundary line shall be deemed to be at the limit of the political
jurisdiction of the community unless otherwise indicated. Boundaries

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indicated as following shorelines shall be construed to follow such


shorelines and in the event of change in the shorelines, shall be construed
as moving with the actual shorelines;
6. 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 lot is bisected by the boundary line, it shall fall in the zone where
the principal structure falls;
7. 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 50 percent of the total area of the entire lot. If the
remaining portion has an area equivalent to 50 percent 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.
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; and,
8. Where a zone boundary line is indicated in the Official Zoning Map, one
block deep or a fraction thereof, such boundary line shall be scaled or
determined by the Zoning Administrator/Official.

Article V
ZONE REGULATIONS
Section 1. General Provision. The uses enumerated in the succeeding
sections are neither exhaustive nor all-inclusive. The Local Zoning Board of
Adjustment and Appeals (LZBAA) shall, subject to the requirements of this
Article, allow other uses not enumerated hereunder provided that they are
compatible with the cause expressly allowed.
Allowance of further uses shall be based on the intrinsic qualities of the land
and the socio-economic potential of the locality with due regard to the
maintenance of the essential qualities of the zone.
Specific uses/activities of lesser density within a particular zone (R-1) may be
allowed within the zone of higher density (R-2, R-3) but not vice versa, nor in
another zone and its subdivisions (e.g., C-1, C-2), except for uses expressly
allowed in said zones, such that the cumulative effect of zoning shall be intra-
zonal and not inter-zonal.
Section 2. Use Regulations in Settlement Areas.
1. Low Density Residential (R-1) Zone - shall be used principally for
housing/dwelling purposes so as to maintain the peace and quiet
environment of the area within the zone. The following are allowable uses:

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1.1. Single detached family dwelling


1.2. Single semi-detached family dwelling
1.3. Double semi-detached family dwelling
1.4. Customary accessory uses like:
1.4.1. Servant’s quarter
1.4.2. Private garage
1.4.3. Guard house
1.4.4. Rest house
1.5. Home occupation for the practice of one’s profession or for engaging
in in-house business or industries such as dressmaking, tailoring,
baking, running a sari-sari store and the like, provided that:
1.5.1. Not more than two outside or hired employees, helpers or
assistants shall be engaged in such home occupation;
1.5.2. The use of the dwelling unit for an item for home occupation
shall be clearly incidental and subordinate to its use to
residential purposes by its occupants and for the conduct of
the home occupation, not more than 35 percent of the floor
area of the dwelling unit shall be used;
1.5.3. As much as possible there shall be no change in the outside
appearance of the building or premises;
1.5.4. No home occupation shall be conducted in any customary
accessory uses;
1.5.5. 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 occupant shall be met off the street and in a place
other than in a required front yard; and,
1.5.6. No equipment or process shall be used in such home
occupation which creates noise, vibration, glare, fumes, odors
or electrical interference detectable to the normal senses of
the lot and visual or audible interference in any radio or
television receivers or causes fluctuation in line voltage of the
premises.
1.6. Recreational facilities for the exclusive use of the members of the
family residing within the premises, such as:
1.6.1. Swimming pool
1.6.2. Mini golf course
1.6.3. Pelota court
2. Medium Density Residential (R-2) Zone - shall be for housing/dwelling
purposes of medium density. The following are the allowable uses:
2.1. All uses allowed in R-1 Zone

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2.2. Multi-family dwelling with not more than five families residing
2.3. Apartments of not more than five doors
2.4. Boarding houses accommodating not more than five boarders
2.5. Nurseries and day care centers
2.6. Branch libraries and museums
2.7. Chapels, churches and other places of worship
2.8. Home occupation as specified in R-1 zone except that not more than
five outside or hired helpers, assistants or employees may be
employed
2.9. Parks and playgrounds for the community
3. High Density Residential/General Residential (R-3) Zone - shall be used
for dwelling/housing purposes of high density. The following are the
allowable uses:
3.1. All uses allowed in R-1 and R-2 Zones
3.2. Multi-family dwelling
3.3. Residential condominiums
3.4. Hotels
3.5. Motels
3.6. Pension houses
3.7. Hometels
3.8. Hotel apartments or apartels
3.9. Apartments
3.10. Boarding houses
3.11. Dormitories
3.12. Elementary schools, high schools, and vocational schools
3.13. Branch libraries and museums
3.14. Clinics, hospitals, nursing or convalescing homes with not more
than 50 bed capacity
3.15. Drugstores
3.16. Home occupation as provided for in R-1 zone except that not
more than eight outside or hired helpers, assistants or employees
may be employed
3.17. Club houses and lodges
3.18. Backyard gardens and yards for raising pigs, poultry and other
animals and fowls, provided that:
3.18.1. They are undertaken only for family consumption
3.18.2. No undue noise is created by these pets and fowls

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3.18.3. No foul smell is emitted


3.18.4. Other sanitary requirements enforced in the City are
complied with
3.19. Parks and playgrounds
3.20. Parking buildings
3.21. Filling and service stations
3.22. Four-storey residential condominium fronting a five meter to six
meter road width
4. Socialized Housing (R-4) Zone. – shall be used principally for socialized
housing/dwelling purposes for the underprivileged and homeless as
defined in RA 7279. The following are the allowable uses:
4.1. Socialized housing
4.2. All uses allowed in R-1, R-2 and R-3 zones
Section 3. Use Regulations in Production Areas.
1. Agricultural Zone (AGZ) The following uses shall be permitted:
1.1. Cultivation, raising and growing of staple crops such as rice, corn,
camote, cassava and the like
1.2. Growing of diversified plants and trees, such as fruit and flower
bearing trees, coffee, tobacco, etc.
1.3. Silviculture, mushroom culture, fishing and fish culture, snake
culture, crocodile farm, monkey raising and the like
1.4. Customary support facilities such as palay dryers and rice threshers
and storage barns and warehouse
1.5. Ancillary dwelling units/farmhouses for tillers and laborers
1.6. Agricultural research and experimentation facilities such as breeding
stations, fishfarms, nurseries, demonstration farms, etc.
1.7. Pastural activities such as goat raising and cattle fattening
1.8. Home occupation for the practice of one’s profession or engaging
home business such as dressmaking, tailoring, baking, running sari-
sari store and the like, provided that:
1.8.1. Number of persons engaged in such business/industry shall
not exceed five inclusive of the owner
1.8.2. There shall be no change in the outside appearance of the
building/premises
1.8.3. No home occupation shall be conducted in any customary
accessory uses cited above
1.8.4. No traffic shall be generated by such home occupation in
greater volume than would normally be expected in a
residential neighborhood and any need for parking generated

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Chapter 7: ZONING ORDINANCE 7- 15

by the conduct by such home occupation shall be met off the


street in a place other than the required front yard
1.8.5. No equipment or process shall be used in such 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 caused fluctuation in line voltage off the premises
1.9. Home industry classified as cottage industry e.g., mat weaving,
pottery making, food preservation, etc. provided that:
1.9.1. Such home industry shall not occupy more than 30 percent of
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
1.9.2. Allotted capitalization shall not exceed the capitalization as set
by the Department of Trade and Industry (DTI)
1.9.3. It shall consider the same provisions (1.6.3., 1.6.4. and
1.6.5.) as enumerated under 1.6. Home Occupation, Section
2, Article V
1.10. Backyard raising of livestock and fowl, provided that:
1.10.1. For livestock - a minimum of ten heads
1.10.2. For fowl – a maximum of five hundred birds
2. Industrial Zone (IZ). The permitted uses are the following:
2.1. Industrial 1 (I-1) – involves non-pollutive/non-hazardous and non-
pollutive/hazardous manufacturing/ processing establishments.
Non-pollutive/non-hazardous:
2.1.1. Drying fish
2.1.2. Biscuit factory (manufacture of biscuits, cookies, crackers
and other similar dried bakery products
2.1.3. Doughnut and hopia factory
2.1.4. Manufacture of macaroni, spaghetti and vermicelli and
other noodles
2.1.5. Other bakery products not elsewhere classified
2.1.6. Life belts factory
2.1.7. Manufacture of luggage, handbags, wallets and small
leather goods
2.1.8. Manufacture of miscellaneous products of leather and
leather substitute and not elsewhere classified (nec.)
2.1.9. Manufacture of shoes except rubber, plastic and wood
2.1.10. Manufacture of slipper and sandal except rubber and plastic
2.1.11. Manufacture of footwear parts except rubber and plastic

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Chapter 7: ZONING ORDINANCE 7- 16

2.1.12. Printing, publishing and allied industries and nec.


2.1.13. Manufacture or assembly of typewriters, cash registers,
weighing, duplicating and accounting machines
2.1.14. Manufacture or assembly of electronic data processing
machinery and accessories
2.1.15. Renovation and repair of office machinery
2.1.16. Manufacture or assembly of miscellaneous office machines
and nec.
2.1.17. Manufacture of rowboats, bancas and sailboats
2.1.18. Manufacture of animal drawn vehicles
2.1.19. Manufacture of children vehicles and baby carriages
2.1.20. Manufacture of laboratory and scientific instruments,
barometers, chemical balance, etc.
2.1.21. Manufacture of measuring and controlling equipment,
plumb bob, rain gauge, taxi meter, thermometer, etc.
2.1.22. Manufacture or assembly of surgical, medical, dental
equipment and medical furniture
2.1.23. Quick freezing and cold packing for fish and other seafoods,
fruits and vegetables
2.1.24. Popcorn/rice factory
2.1.25. Manufacture of medical/surgical supplies e.g., adhesive
tapes, antiseptic dressing, sanitary napkins, surgical gauge,
etc.
2.1.26. Manufacture of orthopedic and prosthetic appliances e.g.,
abdominal supporter, ankle supports, arch support, artificial
limb, kneecap supporter, etc.
2.1.27. Manufacture of photographic equipment and accessories
2.1.28. Manufacture or assembly of optical instruments
2.1.29. Manufacture of eyeglasses, spectacles and optical lenses
2.1.30. Manufacture of watches and clocks
2.1.31. Manufacture of pianos, string instruments, wind and
percussion instruments and assembly of electronic organs
2.1.32. Manufacture of sporting gloves and mitts
2.1.33. Manufacture of sporting balls not of rubber or plastic
2.1.34. Manufacture of gym and playground equipment
2.1.35. Manufacture of sporting tables e.g., billiards, pingpong,
pool
2.1.36. Manufacture of other sporting and athletic goods nec.

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2.1.37. Manufacture of toys and dolls except rubber and mold


plastic
2.1.38. Manufacture of pens, pencils and other office and artist
materials
2.1.39. Manufacture of umbrella and canes
2.1.40. Manufacture of buttons except plastic
2.1.41. Manufacture of brooms, brushes and fans
2.1.42. Manufacture of needles, pins, fasteners and zippers
2.1.43. Manufacture of insignia, badges and similar emblems
except metal
2.1.44. Manufacture of signs and advertising displays except
printed
2.1.45. Small-scale manufacture of ice creams

Non-pollutive/hazardous industries:
2.1.1. Manufacture of house furnishing
2.1.2. Textile bag factories
2.1.3. Canvass bags and other canvass products factory
2.1.4. Jute bag factory
2.1.5. Manufacture of miscellaneous textile goods, embroideries
and weaving apparel
2.1.6. Manufacture of fiber batting, padding and upholstery filling
except coir
2.1.7. Men and boys garment factory
2.1.8. Women and girls garment factory
2.1.9. Manufacture of hats, gloves, handkerchief, neckwear and
related clothing accessories
2.1.10. Manufacture of raincoats and waterproof outer garments
except jackets
2.1.11. Manufacture of miscellaneous wearing apparel except
footwear and those nec.
2.1.12. Manufacture of miscellaneous fabricated mill work and
those nec.
2.1.13. Manufacture of wooden and cane containers
2.1.14. Sawali, nipa and split cane factory
2.1.15. Manufacture of bamboo, rattan and other cane baskets and
wares
2.1.16. Manufacture of cork products

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2.1.17. Manufacture of wooden shoes, shoe lace and other similar


products
2.1.18. Manufacture of miscellaneous wood products and those nec.
2.1.19. Manufacture of miscellaneous furniture and fixture except
primarily of metals and those nec.
2.1.20. Manufacture of paper stationary, envelopes and related
articles
2.1.21. Manufacture of dry ice
2.1.22. Repacking of industrial products e.g., paints, varnishes and
other related products
3. Commercial Zone (CZ). It shall be for business/trade/service uses. Within
the zone the following types of establishments shall be allowed:
3.1. Commercial 1 (C-1)
3.1.1. Offices like:
- Office buildings
- Office condominiums
3.1.2. Stores and shops like:
- Department stores
- Bookstore and office supply shops
- Home appliance stores
- Car shops (display)
- Photo shops
- Shopping centers
3.1.3. Food markets and shops like:
- Markets
- Bakery and bake shops
- Wine stores
- Groceries
- Supermarkets
3.1.4. Recreational centers like:
- Movie houses and theaters
- Pelota courts
- Swimming pools
- Day and night clubs
3.1.5. Personal service shops like:
- Beauty parlors

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- Barber shops
- Sauna bath and massage clinic
- Dressmaking and tailoring shops
3.1.6. Restaurant and other eateries
3.1.7. Short term special education like:
- Dancing school
- School for self-defense
- Driving school
- Speech clinics
3.1.8. Storerooms and warehouses, but only as may be necessary
for the efficient conduct of the business
3.1.9. Hospitals, clinics, nursing and convalescing homes
3.1.10. Drugstores
3.1.11. Filing stations
3.1.12. Service Stations

3.2. C-2
3.2.1. All uses allowed in C-1
3.2.2. Repair shops like:
- House appliances repair shops
- Motor vehicles and accessory repair shops
- Home furnishing shops
3.2.3. Flower shops
3.2.4. Funeral/Embalming establishments
3.2.5. Cottage industries
3.2.6. Manufacturing industries certified as non-pollutive and non-
hazardous by the National Pollution Control Commission
3.2.7. Stockyards and slaughterhouses
3.2.8. Cold storage and warehouses
3.2.9. Bus terminals and car barns
3.2.10. Any uses incidental to any of the above enumerated uses
3.2.11. Rice and other grain mills
3.2.12. Concrete block factories
3.2.13. Lumber yards
3.2.14. Printing and publishing
3.2.15. Junk Shops

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Section 4. Use Regulations in Protection Areas.


1. Parks and Open Space - the following uses shall be allowed:
1.1. Parks/gardens
1.2. Resort areas including accessory uses
1.3. Open air or outdoor sports activities and support facilities, including
low rise stadia, gyms, amphitheaters and swimming pools
1.4. Golf courses, ball courts, race tracks and similar uses
1.5. Memorial parks/shrines, monuments, kiosks and other park
structures
1.6. Wild life park, botanical and zoological garden
1.7. Theme park
2. Heritage and Historic Preservation – these sites shall be protected from
any form of desecration and vandalism. Preservation and rehabilitation of
the same may be undertaken through the formulation of guidelines which
shall focus on adaptive and re-used concepts. These include among others
are:
2.1. Pamintuan Mansion
2.2. Camalig
2.3. Holy Rosary Parish
2.4. Founder’s House
2.5. Bale Herencia
2.6. Nepomuceno Ancestral Home
3. River Easement and Salvage Zone – PD 1067 also known as The Water
Code of the Philippines, under Article 51, provides that “the banks of
rivers and streams and the shores of the seas and lakes throughout their
entire length and within a zone of three meters in urban areas, 20 meters
in agricultural areas and 40 meters in forest areas, along their margins,
are subject to the easement of public use in the interest of recreation,
navigation, floatage, fishing and salvage. No person shall be allowed to
stay in this zone longer than what is necessary for recreation, navigation,
floatage, fishing or salvage or to build structures of any kind.
Building structures of any kind in this zone are absolutely prohibited,
except for bank or shore stabilization structures, fences to set off the
easement from private property lines or footpaths and walkways in case
such easements are developed into public parks, promenades and the like.
Allowable uses include linear parks, tree planting and riverside vegetation.
The Provision of Linear Park Along Abacan River – No building or structure
should be erected 100 meters on both sides from the center of the Abacan
River. No building or structures along both sides of the river which are
existing at the time of the passage of this Ordinance shall be extended or
expanded.

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4. Infrastructure Right of Ways – It is reiterated that these ROWs,


setbacks/easements and even road sidewalks should be protected and
must be secured from development to eliminate congestion and ensure
public safety.

Section 5. Use Regulations in Infrastructure Areas. Infrastructure areas


include institutional uses e.g., memorial parks, cemeteries, sports and
recreational facilities, utilities and transportation.
1. Allowable institutional uses in this zone are the following:
1.2. Colleges, universities, professional business schools, vocational and
trade schools, technical schools and other institutions of learning
1.3. General hospitals, medical center and multi-purpose clinics
1.4. Scientific, cultural and academic centers and research facilities
except nuclear, radioactive, chemical and biological warfare
facilities
1.5. Convention centers and related facilities
1.6. Religious structures e.g., church, seminary, convent
1.7. Museum/public libraries, reading centers
1.8. Student housing e.g., dormitories, boarding house
1.9. Cemeteries and similar burial grounds
1.10. Welfare houses, orphanages, boys and girls town, home for the
aged and the like
1.11. Rehabilitation and vocational training centers for ex-convicts, drug
addicts, unwed mothers, physically, mentally, and emotionally
handicapped, ex-sanitarium inmates and similar establishments
1.12. Penitentiary and correctional institutions
1.13. Resorts areas including accessory uses
1.14. Fishing parks
1.15. Other uses similar, related or directly incidental to the above uses
1.16. Domestic water supply system installations including tube well
drilling fields and storage tanks and reservoirs
1.17. Transportation terminals
1.18. Radio, television and television transmitter, receiver and repeater
facilities
1.19. Electrical power plant, substation, and power distribution lines
1.20. Roads and streets of all types and related fixtures within the legal
right of way, including off-street parking facilities and transport
terminals
1.21. Telecommunications facilities, provided that an easement of 100
meter radius or equivalent to the height of the tallest tower

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structure, as the case may be, the transmission towers shall be


reserved and protected. No residential houses or trees exceeding
five meters in height shall be allowed within the easement
1.22. Transmission line of utility companies like the National Power
Corporation, provided that an easement of 15-75 meters along or
below the high-tension power transmission lines depending on the
rated capacity of the line shall be reserved and protected. No
residential houses or trees exceeding five meters in height shall be
allowed within the easement.

Article VI
GENERAL DISTRICT REGULATIONS
Section 1. Development Density. Permitted density shall be based on
the zones capacity to support development.
1. Settlement Area
1.1. Low Density Residential (R-1) Zone – 20 dwelling units and below per
hectare
1.2. Medium Density Residential (R-2) Zone – 21 to 65 dwelling units per
hectare
1.3. High Density Residential (R-3) Zone – 66 or more dwelling units per
hectare
2. All other zones
There is no fixed maximum density but should be based on the planned
absolute level of density that is intended for each concerned zone based
on the Comprehensive Land Use Plan.
Section 2. Height Regulations. Building height must conform to the height
restrictions and requirements of the Air Transportation Office (ATO), National
Building Code, 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.
1. R-1 - no building or structure for human occupancy whether public or
private shall be higher than 9.5 meters in height and contain more than
two storey. Church spires, belfries, cupolas, domes, chimneys, water
tanks, bulkheads and the like shall be limited in height only by their
design if constructed of incombustible materials. If made of combustible
materials, such structure shall be limited to a maximum six meters from
the established building height.
2. R-2 - no building or structure for human occupancy whether public or
private shall be higher than 13.5 meters in height and not contain more
than three storey.
3. R-3 - No building or structure intended for human occupancy whether
public housing and similar buildings or structures, shall exceed 15 meters
in height and shall not contain more than four storeys, however, no

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building shall be built to a height exceeding one and one-half (1 ½) times


the width of the street upon which the building abuts. Building may
exceed the above height provided the portion of the building higher than
one and one-half (1 ½) times the width of the street is set back from
every street and lot lines one meter for each six meters or less than in
excess of one and one-half times the width of the street. Where a corner
lot is involved the height limitations for the wide street shall govern,
provided that the portion of the building higher than one and one-half
times the width of the street is set back from every street and lot line, one
meter for each six meters or less in excess of one and one-half times the
width of the street. Where a corner lot is involved the height limitation for
the wider street shall govern for a distance of 40 meters along the
narrower intersecting street.
4. R-4 - No building or structure intended for human occupancy whether
public housing and similar buildings or structures, shall exceed 15 meters
in height and shall not contain more than four storeys, however, no
building shall be built to a height exceeding one and one-half (1 ½) times
the width of the street is set back from every street and lot lines one
meter for each six meters or less than in excess of one and one-half times
the width of the street. Where a corner lot is involved the height
limitations for the wide street shall govern, provided that the portion of
the building higher than one and one-half times the width of the street is
set back from every street and lot line, one meter for each six meters or
less in excess of one and one-half times the width of the street. Where a
corner lot is involved the height limitation for the wider street shall govern
for a distance of 40 meters along the narrower intersecting street.
5. C-1 - Not more than one and one-half (1 ½) times the width of the
abutting streets.
6. C-2 - Not more than one and one-half (1 ½) times the width of the
abutting streets.
7. I-1 - Not to exceed one and one-half (1½) times the width of the streets
upon which the building abuts.
Section 3. Exemptions from Height Regulation in R-1 and R-2. Exempted
from the imposition of height regulations in Residential Zones are the
following; towers, church steeples, water tanks and other utilities and
structures not covered by the height regulations of the National Building Code
and/or the ATO.
Section 4. Area Regulations. Area regulations in all zones shall conform to
the minimum requirement of existing codes such as:
1. PD 957 – Subdivision and Condominium Buyers’ Protective Law and its
revised implementing rules and regulations
2. BP 220 – Promulgation of Different Levels of Standards and Technical
Requirements for Economic and Socialized Housing Projects and its
revised implementing rules and regulations
3. PD 1096 – National Building Code

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4. Fire Code
5. Sanitation Code
6. Plumbing Code
7. Structural Code
8. EO 648
8. Other relevant guidelines promulgated by the national agencies concerned
9. R-1 - The lot area shall not be less than 450 square meters for both
single-family and two-family dwellings. The principle building and the
accessory building shall not cover more than 70 percent of the total area
of the lot.
10. R-2 - The lot area shall not be less 200 square meters for a single-family
dwelling; 280 square meters for a two-family dwelling, with a lot width of
not less than 12 to 15 meters. The principle building and the accessory
buildings, shall not be less than 150 square meters for a single-family
dwelling, 220 square meters for two-family dwelling, with a lot width of
not less than ten meters. All other types shall be provided with not less
than 30 square meters of lot area per family.
All buildings, including accessory buildings, shall cover not more than 60
percent of the total area of the lot.
11. R-3 - The lot area shall at least be 120 square meters for a single-family
dwelling; 150 square meters for a two-family dwelling.
12. R-4 - The lot area shall not be less than 80 square meters for a single-
family dwelling; 120 square meters for a two-family dwelling, with a lot
width of not less 24 square meters of lot area per family. All building
shall cover not more than 60 percent of the total area of the lot. At least
3.5% of the total land area should be planted with trees/plants for
ecological purposes.
13. C-1 - When a building is designed or intended to be used for purely
residential purposes, it shall have a lot area of not less than 100 square
meters for a single-family dwelling and not less than 160 square meters
for two-family dwelling. Business buildings in corner lots shall cover not
more than 90 percent of the total area of the lot and not more than 85
percent if they are on inside lots.
14. C-2 - When a building is designed or intended to be used or is used for
purely residential purposes, it shall have a lot area of not less than 100
square meters for a single-family dwelling and not less than 160 square
meters for two-family dwelling. Business buildings in corner lots shall
cover not more than 90 percent of the total area of the lot and not more
than 85 percent if they are inside lots.
The remaining area or open space should be used as parking space and
should be planted with trees/plants for ecological purposes.

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15. I-1 - When a building is designed or intended to be used or is used for


purely residential purposes, it shall have a lot not less than 100 square
meters for a single-family dwelling and not less than 160 square meters
for two-family dwelling. Business building in corner lots shall cover not
more than 90 percent of the total area of the lot and not more than 85
percent if they are inside lots.
The remaining area or open space should be used as parking space and
should be planted with trees/plants for ecological purposes.
Section 5. Road Setback Regulations. The following road setbacks,
arcades and sidewalk regulations shall be applied (Table 7-2.):

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Table 7-2. Road Setback, Arcade and Sidewalk


Arcade Width
Street (meters both
sides)
Miranda St., from Kalayaan to Lakandula St. 3.60
Rizal St., from Valdez Blvd. to Don Juan Nepomuceno St. 3.60
Henson St., from Miranda St. to G. Valdez Blvd. 3.60
Jake Gonzales, from G. Valdez to Marisol intersection 3.60
N. Claveria St., from Pampang Road to Henson St. 3.00
Plaridel St., from Don Juan Nepomuceno Ave. to Miranda 3.60
St.
Kalayaan St., from Miranda St. to San Francisco St. 3.60
Pampang Road, from Kalayaan St. to Henson St. 3.60
G. Valdez Blvd., from Rizal St. to Henson St. 3.60
San Francisco St., from Rizal St. to Arayat Blvd. 3.60
Jesus St., from Diversion Road to Henson St. 3.60
Jesus St., from Henson St. to Gen. Ricarte St. 2.40
Luna St., from Mabini St. to Jesus St. 2.40
Mabini St., from Plaridel St. to Sadie St. 2.40
Aguinaldo St., from Rizal to Luna St. 2.40
Plaridel St., from Miranda St. to PNR Railroad 2.40
Valdez St., from Plaridel St. to Luna St. 2.40
All other streets within the Central Business District not 2.00
specified shall have a minimum arcade width of…
Sto. Rosario St., from Rizal St. to Boundary Angeles 3.60
Diversion Road, from Sto. Domingo Interchange to Marisol 6.00
intersection
Mac Arthur Highway, from Marisol Intersection to 6.00
Angeles/Mabalacat Boundary
West Circumferential Road, from Telebastagan to Friendship 6.00
Checkpoint
Perimeter Road, from Friendship to Checkpoint 3.60
Fields Ave., from Checkpoint to Mac Arthur Highway 3.60
A. Gueco/Don Bonifacio Blvd., from Mac Arthur Highway to 6.00
Angeles-Magalang Road
Sto. Entierro, from Sto. Rosario to Diversion Intersection 3.60
Angeles-Magalang Road, from Diversion Road to Pulung 3.60
Maragul/Pandan Bridge
Marlim Ave. to Don Boni Ave. 3.60
All other commercial streets not specified shall have a 3.60
minimum easement width of…

Section 6. Buffer Regulations. A buffer of three meters shall be provided


along entire boundary length between two or more conflicting zones
allocating 1.5 meters from each side of the district boundary. Such buffer
strip should be open and not encroached upon by any building or structure
and should be a part of the yard or open space.

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Section 7. Specific Provisions in the National Building Code. Specific


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

Article VII
INNOVATIVE TECHNIQUES
Section 1. Innovative Techniques or Designs. For projects that promote
urban renewal, restoration works or, introduce flexibility and creativity of
design or plan such as but not limited to historic preservation, planned unit
development and similar developments, may be approved by the local
government through the office in charge of the city zoning administration.

Article VIII
PROJECTS OF NATIONAL SIGNIFICANCE
Section 1. Project of National Significance. A project may be declared by
the NEDA Board as project of national significance pursuant to Section 3 of
EO 72. When a project is declared as such, the locational clearance shall be
issued by the HLURB.

Article IX
TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT
Section 1. Traffic and Utilities Impact Study Requirement. The owner or
developer of a building or a mixed use development that has a total floor
area of at least 5,000 square meters shall be required to submit, as part of
the application for a building permit, a traffic and utilities impact study that
indicates the estimated volume and flow of vehicular traffic into and out of
the building or mixed use development, the impact of such vehicular traffic to
the immediate vicinity, corresponding traffic management procedures and
devices and the estimated impact of the building or mixed use development
on existing utilities.

Article X
LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-ECONOMIC AND
ENVIRONMENTAL SIGNIFICANCE
Section 1. Locational Clearance for Projects of Local Socio-Economic and
Environmental Significance. All projects that fall within the above project
classification shall be subjected to proper technical evaluation by all
concerned government agencies to include the Barangay Development
Council (BDC) and the City Development Council (CDC). Said evaluations

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shall be reviewed and appropriate recommendations and actions shall be


pursued by the Sangguniang Panlungsod.
The following are among the project classification with Local Socio-Economic
and Environmental Significance:
1. Residential Subdivisions, Condominiums and Town Houses
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
2. Resettlement Areas
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
3. Upgrading Sites and Services
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
4. Farm Lot Subdivisions
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Agriculture Office, Environmental
and Natural Resources Office
5. Commercial Centers/Business Parks/Malls
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
6. Industrial Estates/Subdivisions
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
7. Cemeteries/Memorial Parks
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health Office
8. Golf Courses
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
9. Reclamation Site
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
10. Private Landing Strips, Airports and Heliports/Pads

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Chapter 7: ZONING ORDINANCE 7- 29

- Secure clearances from the Office of the City Planning and


Development Coordinator, City Engineer’s Office, Civil Aviation
Authority of the Philippines and Philippines Air Force Command in
Clark Pampanga
11. Dumping Sites/Incinerators
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health Office
12. Mining and Quarrying
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
13. Nuclear, Radio Active, Chemical and Biological Research Centers
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health
Office, Philippine National Police Command in Pampanga
14. Power Generation Plants/Stations
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health
Office, National Power Corporation
15. Funeral Parlors/Memorial Chapels/Mortuaries
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health Office
16. Cockpits
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
17. Slaughter Houses
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health Office
18. Civic Centers
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, City Health, City
Water District
19. Sewerage Treatment Plants
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District

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20. Race Tracks, Jai-Alai Centers, Lottery Centers, Casinos and all other forms
of Gambling Activities
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health
21. Planned Unit Development
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health Office
22. New Town Development
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District

Article XI
MISCELLANEOUS PROVISIONS
Section 1. Environmental Compliance Certificate (ECC). Notwithstanding the
issuance of locational clearance, no environmentally critical projects or
projects located in environmentally critical areas shall be commenced,
developed or operated unless the requirements of ECC have been complied
with.
Section 2. Subdivision Projects. All owners and/or developers of
subdivision projects shall, in addition to securing locational clearance, be
required to secure a development permit pursuant to the provisions of PD
957 and its implementing rules and regulations or BP 220 and its
implementing rules and regulations and in the case of socialized housing
projects in accordance with the procedures laid down in EO 71, series of 1993
and RA 7279 and its implementing rules and regulations.
Section 3. Performance Standards. All land uses, development, or
constructions shall conform to the following standards:
1. Noise and Vibrations – all noise and vibration-producing machinery shall
be enclosed by a building and shall be provided with effective noise-
absorbing materials, noise silencers and mufflers, an open yard planted
with dense trees as buffers. To minimize vibration, machinery should be
mounted on shock-absorbing mountings, such as cork set on reinforced
concrete foundations or a floating isolated foundation set on piles as
needed by the machinery.
2. Smoke - any smoke emitted from any source for a period aggregating
seven minutes in any given 30 minute time particularly when starting a
new fire, shall have a density that shall not be a cause for accidents or
shall not pose a threat to the health of the community and the same must
register an acceptable and safe rating based on the recommendations of
the DENR as concurred by the relevant offices under the local chief
executive (i.e., presently set at a density not greater than no. 2 in the

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Ringlemann Chart or as may be prescribed by an updated rating set by


environmental authorities.
3. Dust, Dirt and Fly Ash – the emission of dust, dirt or fly ash from any
source of activity that will pollute the air and render it unclean,
destructive, unhealthful or hazardous or cause visibility to be impaired,
shall not be permitted. In no case whatsoever shall dust, dirt or fly ash
be allowed to exceed the minimum rating set by the DENR as concurred
by the pertinent offices under the local chief executive. (i.e., presently set
at a rating not to exceed 0.30 grams per cubic meter of fuel gas at stack
temperature of 60 degrees centigrade so as not to create a haze with
opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart
or as may be prescribed by an updated rating set by environmental
authorities).
4. Odors and Gases - the emission of foul odors and gases deleterious to
public health, safety and general welfare shall not be permitted. Buildings
and activity emitting foul odors and obnoxious gases shall be enclosed by
air-tight building provided with air conditioning system, filters, deodorizing
and other air cleansing equipment. Foul odors caused by poultry, piggery
farms and similar activities will also not be permitted. The proponents of
said activities must implement diligent waste management measures.
5. Glare and Heat - glare and heat from any operation or activity shall not be
allowed to radiate, be seen or felt from any point beyond the limits of the
property.
6. Industrial Waste – industrial plant waste shall be disposed of only in a
manner that will not create any nuisance or danger to adjoining properties
or to the community in general.
7. Sewerage Disposal - no sewerage dangerous to the public health, safety
and general welfare shall be discharged to any public sewer system,
natural waterway or drainage channel. In addition to other requirements,
all sewage shall comply with the pertinent requirements of the
Environmental Management Bureau (EMB) of the DENR.

Section 4. Environmental Impact Assessment/Statement.


Major construction, development or activities may be required by the city
zoning administration to submit an Initial Environment Examination (IEE)
and/or Environment Impact Statement (EIS). If so required, the following
shall be submitted by the applicant:
1. Detailed description of the proposed development, action or construction.
2. Detailed description of the physical, biological, social environment within
which the development construction will occur.
3. Detailed description of existing plans which will be affected by the
proposed development action.
4. Detailed description of other actions planned, or in the course of
realization, which will interact with the proposed action, so as to increase
or reduce the environmental impact.

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5. Detailed description of probable direct and induced impact of the proposed


action on the physical biological and social environment.
6. Comparison of impact of alternative actions.
7. Special emphasis on adverse effects, long-term effects, resource
commitments and cost-benefit analysis.
Section 5. Pollution Control. For effective pollution control, all
manufacturing industries classified as pollutive by the DENR shall provide
proper anti-pollutive devices and acquire clearances and certificates from the
DENR-EMB.
Section 6. Buffer Strip/Easement. In the utilization, exploitation,
development, conservation and protection of water resources, the following
setbacks and/or easements along the entire length of banks of rivers, creeks,
streams and all waterways shall be observed:
1. Five meters setback along the banks of waterways in urban areas
2. Twenty meters easement for the same in all agricultural areas
3. Forty meters easement for conservation areas
4. Forty meters easement for shores of bodies of water
The above setbacks/easements shall be subject for public use such as for
recreation, navigation, floatage, fishing salvage, promenading and related
lawful activities. The easement shall be measured in accordance with the
procedure set forth in the National Building Code of the Philippines.
Section 7. Special Permit Uses. A special permit shall be required for each of
the following uses, subject to terms and conditions as hereunder prescribed:
1. Junk Shops
1.1. The junk shop shall only be allowed in a medium density commercial
zone and a minimum area of 200 sq.m is required.
1.2. Concrete fencing with a minimum of 4 meters in height shall be put
to prevent undue scattering of wastes.
1.3. Poisoning of rats and spraying of flies shall be the sole responsibility
of the applicant.
1.4. Other sanitary requirements of the City shall be complied with and a
clearance shall be secured from the City Environment and Natural
Resources Office (CENRO).
2. Cemeteries/Memorial Parks
2.1 These shall be located outside of or within reasonable distance from
residential zones where no hazard to human health and life could
result.
2.2. The number of cemeteries and memorial parks to be allowed shall be
based on the needs of the City.
2.3. Their proper maintenance shall be the exclusive duty of the applicant
or persons running them.

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3. Funeral Parlors
3.1. Establishment of funeral parlors may be permitted in a medium
density commercial zone (C2) provided that they shall be located at a
minimum radial distance from the following: i) food establishments -
at least 25 meters away; ii) markets – at least 50 meters away; iii)
abattoirs, schools and hospitals – at least 200 meters away. A one-
way private road or alley of not less than three (3) meters with
corresponding entrance within the site of such parlor for the parking
of cars or cortege shall be provided.
4. Telecommunication Stations
4.1. Base stations and towers for cellular mobile telephone services,
public mobile telephone services, paging services, trunking services,
wireless local loops and other wireless communication services may
be located in residential, commercial, industrial, institutional,
agricultural and agro-industrial zones unless there are expressed
prohibitions under existing laws and regulations.
4.2. Their sound maintenance shall be the exclusive responsibility of the
applicant and/or the persons running them.
5. Cockpit Arena
5.1. They shall be located within the parks and recreation zone and have
at least a 200 meter radius away from residential, commercial and
institutional zones.
5.2. Adequate parking space should be provided for all its patrons.
5.3. Sanitary regulations should be complied with.
6. Piggery and Poultry
6.1. They must be located in agricultural and agro-industrial zones and
outside urban and major residential, commercial and institutional
zones.
6.2. They must be located at least 25 meters radius away from sources of
ground and surface drinking water.
6.3. Medium and large-scale piggery and poultry farms must be at least
1,000 meters away from built-up areas (residential, commercial,
institutional and industrial zones) while small-scale must be at least
500 meters away.
6.4. Piggery farms must be 500 meters away from major roads/highways
and poultry farms must be 200 meters away.
6.5. The site of medium to large-scale piggery and poultry farms must be
at least one kilometer away from one another to minimize pollution
and health hazards.

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Article XII
ADMINISTRATION AND ENFORCEMENT
Section 1. Locational Clearance. All owners/developers shall secure
locational clearance from the city zoning administration or in cases of
variances and exemptions, from the local chief executive through the city
zoning administration and the City Development Council for review and
recommendation, respectively, prior to conducting any activity or
construction on their property.
Section 2. Building Permits. No building permit shall be issued by the
building official without a valid locational clearance in accordance with this
Ordinance.
Section 3. Building Occupancy Permits. No building occupancy permit
shall be issued by the building official without official validation/verification
from the city zoning administration.
Section 4. Non-Users of Locational Clearance. Upon issuance of a
locational clearance, the grantee thereof shall have one year within which to
commence or undertake the use, activity or development covered by such
clearance on his property. Non-use of clearance within said period shall
result in its automatic expiration, cancellation and the grantee shall not
proceed with his project without re-applying for a new clearance.
Section 5. Certificate of Non-Conformance. A certificate of non-conformance
shall be applied for by the owner of the structure or operator of the activity
involved within one year from the date of enactment of this Ordinance.
Failure on the part of the owner to register/apply for the said certificate shall
be considered in violation of the Zoning Ordinance and is subject to penalties.
The city zoning administration shall immediately notify owners of known
existing non-conforming use so they may apply for the said certificate.
Section 6. Grounds for Denial, Suspension, Revocation and/or Invalidation of
Locational Clearance, Final Approval and Development Permit, and Zoning
Certifications. The city zoning administration may order or direct denial,
suspension, revocation and/or invalidation of locational clearance, final
approval and development permit, and Zoning Certification on any of the
following grounds:
1. Incorrect or inaccurate information found in application.
2. Non-compliance with the terms and conditions of the locational clearance
or final approval and development permit.
3. Suspension or abandonment of the work so authorized in the locational
clearance or final approval and development permit at any time it has
commenced for a period of 100 days or more.
4. Unauthorized changes/modifications or alterations in the approved plans
and specifications and/or in the construction.
5. Failure to engage the service of a duly licensed civil or geodetic engineer
to undertake full time inspection and/or supervision in the implementation
of the project.

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All payments made for the suspended, revoked and/or invalidated locational
clearance, final approval and development permit, and zoning certification
shall be forfeited in favor of the City.
Section 7. Existing Non-Conforming Uses and Buildings. The lawful uses of
any building, structure or land at the time of adoption or amendment of this
Ordinance may be continued, although such uses do not conform with the
provision of this Ordinance, provided:
1. That no such non-conforming use shall be enlarged or extended to occupy
a greater area of land than that already occupied by such use at the time
of the adoption of this Ordinance or moved in whole or in part, to any
other portion of the lot or parcel or land where such non-conforming use
exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more
than one year again be revived as non-conforming use.
3. That the total structural repair and alteration that may be made in a non-
conforming structure shall not, during its remaining lifetime, that is,
subsequent to the adoption of this Ordinance, exceed 25 percent of its
assessed value.
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 50 percent of the
replacement cost.
5. That should such non-conforming portion of structure be destroyed by any
means to an extent of more than 50 percent of its replacement cost at the
time of destruction, it shall not be reconstructed except in conformity with
the provisions of this Ordinance.
6. That no such non-conforming use may be changed to another non-
conforming use.
7. That no such non-conforming use maybe moved to displace any
conforming use.
8. 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.
9. That should such structure be moved for any reason to whatever distance,
it shall thereafter conform to the regulation of the district in which it is
moved or relocated.
Section 8. Deviations. Exception and variances or deviation from the
provision of this Ordinance may be allowed by the Zoning
Administrator/Official only when the following terms and conditions are
obtained:
1. Variances
1.1. The property is unique and different from the other properties in the
adjacent locality, and because of its uniqueness, the owner cannot
obtain a reasonable return from the property.

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1.2. Conforming to the provision of this Ordinance will cause undue


hardship on the part of the owner or occupant of the property.
1.3. The hardship is not self-created.
1.4. The proposed variance is the minimum deviation necessary to permit
the reasonable use of the property.
1.5. The variance will not alter the essential character of the district or
zone where the property, for which the variance is being sought, is
located and will not substantially or permanently injure the use of
other properties in the same district or zone.
1.6. The variances will not weaken the general purpose of the Ordinance
and will not adversely affect the public health, safety and welfare.
1.7. The variances will be in harmony with the spirit of this Ordinance.

2. Exceptions
2.1. The exception will not adversely affect public health, safety and
welfare and is in keeping with the general pattern of development in
the community.
2.2. The exception will not adversely affect the appropriate use of other
properties in the same district.
2.3. The exception will not alter the essential character of the district
where the exception being sought is located, and will be in harmony
with the general purpose of the Ordinance.
2.4. The exception will not weaken the general purpose of the regulation
established for the specified district.
Section 9. Procedure for the Granting of Exceptions and Variances. The
procedure for the granting of an exception and/or variances is as follows:
1. A written application for an exception or variance is filed with the Zoning
Administrator/Official, indicating the section of this Ordinance under which
the exception or variance is being sought and stating the grounds thereof.
2. The Zoning Administrator/Official shall make preliminary studies on the
application. If the grounds for the request were found valid, the time and
place for the hearing shall be set.
3. A written notice of the public hearing shall be served to the applicant and
the owners of the properties adjacent to the property which is the subject
of the application, at least 15 days prior to the scheduled public hearing.
Notice of such hearing shall be posted on the property for which the
exception is being sought, at the City Hall, and in one other conspicuous
place at least 15 days prior to the said public hearing.
4. At the hearing, any party may appear in person, or by an agent or
attorney.
5. At the hearing, all interested parties shall be afforded the opportunity to
be heard and based on the evidence and testimonies prescribed, the

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Zoning Administrator/Official shall decide on whether or not to grant


variances/exception.
6. The Zoning Administrator/Official shall render a decision within 60 days
from filing of the application, exclusive of the time spent for public
hearing.
Section 10. Responsibility for Administration and Enforcement. This
Ordinance shall be enforced and administered by the City Planning and
Development Coordinator who shall be appointed by the Mayor, pursuant to
the provisions of the LGC.
Section 11. Qualification of the Zoning Administrator. The Zoning
Administrator shall be a reputable person of good moral character and shall
possess specialized knowledge, training and/or experience in the field of
physical planning and zoning for at least five years, provided, however, that
no elective official shall be appointed.

Section 12. Powers and Functions of the Zoning Administrator. The powers
and functions of the Zoning Administrator are the following:
1. Act on all applications for locational clearance for all projects by:
1.1. Issuing the corresponding certificate of zoning compliance for
projects conforming with the zoning regulation.
1.2. Granting or denying applications for temporary use, recommending
variances and exceptions.
1.3.Issuing certificates of non-conformance for non-conforming projects
lawfully existing at the time of the adoption of the Ordinance,
including clearances for repairs/renovations of non-conforming uses
consistent with the guidelines therefore.
1.4. Imposing appropriate condition(s) on all permits/clearances/
certificates consistent with laws, rules and policies laid down under
this Ordinance.

2. Monitor on-going or existing projects within their respective jurisdictions


and issue notices of violation and show cause order to owners, developers
or managers of projects who may have violate the Zoning Ordinance and
refer the same to the Sangguniang Panlungsod.
3. Coordinate the enforcement of the form and substance of this Zoning
Ordinance with the Philippine National Police particularly on actions that
need the assistance of the police.
4. Coordinate all legal issues relative to the enforcement of this Ordinance
with the City Attorney’s office.
5. Coordinate the proposed amendments to this Zoning Ordinance with the
Regional Land Use Committee.
6. Coordinate relevant issues relative to the implementation of this
Ordinance with appropriate public and private entities.

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Section 13. Complaints and Oppositions. A complaint for violation of any


provision of the Zoning Ordinance or of any clearance or permits issued
pursuant thereto shall be filed with the Local Zoning Board of Adjustment and
Appeals (LZBAA).
However, oppositions to application for clearance, variance or exception shall
be treated as a complaint and dealt with in accordance with the provision of
this section.
Section 14. Functions and Responsibilities of the Local Zoning Board of
Adjustment and Appeals. There is hereby created a LZBAA which shall
perform the following functions and responsibilities:
1. Act on applications of the following nature:
1.1. Non-Conforming Uses
1.2. Complaints and Opposition to Applications
2. Act on appeals on grant or denial of locational clearance by the zoning
administrator.
The decision/s of the Board shall be appealable to the Housing and Land Use
Regulatory Board.
Section 15. Composition of the Local Zoning Board of Adjustment and
Appeals (LZBAA). The City Development Council shall create a committee
which shall act as the LZBAA composed of the following members:
1. City Mayor as Chairman
2. City Legal Officer
3. City Assessor
4. City Engineer
5. Two members of the Sangguniang Panlungsod, Chairman of the
Committee on Public Works and Engineering and Chairman of the
Committee on Landed Estate.
6. Two representatives from the private sector or non-government
organizations, nominated by their respective organizations and confirmed
by the city mayor. They shall serve for a term of two years or at the
discretion of the Chairman. The Sangguniang Panlungsod shall determine
their remuneration.
Section 16. Interim Provision. Until such time that the LZBAA shall have
been constituted, the HLURB shall act as the LZBAA. As an appellate Board,
the HLURB shall adopt its own rules of procedure to govern the conduct of
appeals arising from the administration and enforcement of this Ordinance.
Section 17. Review of the Zoning Ordinance. The City Development Council
shall create a sub-committee, the Local Zoning Review Committee (LZRC)
that shall review the Zoning Ordinance considering the Comprehensive Land
Use Plan, as the need arises, based on the following premises:
1. Change in local development plans
2. Introduction of projects of national significance

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Chapter 7: ZONING ORDINANCE 7- 39

3. Petitions for re-zoning


4. Other reasons that are appropriate for consideration
Section 18. Composition of the Local Zoning Review Committee (LZRC). The
Local Zoning and Review Committee shall be composed of the following:
1. Zoning Administrator as Head
2. Representative from the Sangguniang Panlungsod (which they will elect
among themselves)
3. Representative from the HLURB
4. Representative from the City Development Council
5. Private Sector Representative (to be appointed by the City Mayor)
Section 19. Functions of the Local Zoning Review Committee. The
Committee shall have the following powers and functions:
1. Review the Zoning Ordinance for the following purposes:
1.1. Determine amendments or revisions necessary in the Zoning
Ordinance arising from changes that might have been introduced in
the Comprehensive Land Use Plan.
1.2. Determine changes to be introduced in the Comprehensive Land Use
Plan in the light of permits given, and exceptions and variances
granted.
1.3. Identify provisions of the Ordinance that are difficult to enforce or are
unworkable.
2. Recommend to the Sangguniang Panlungsod necessary legislative
amendments and to the City Development Council the needed changes in
the plan as a result of the review conducted.
3. Provide information to the HLURB that would be useful in the exercise of
its functions.
Section 20. Prohibited Acts.
1. No structure, building, edifice shall be allowed, constructed and be given a
zoning permit, unless classified for its intended purpose.
2. No person whether natural or juridical, public or private shall make a
representation that a particular lot have been reclassified without prior
reclassification of the Sanggunian Panlungsod.
Section 21. Actions on Complaints and Oppositions. A complaint for violations
of any provisions of the Zoning Ordinance or permits issued pursuant thereto
shall be filed with the zoning administrator. However, oppositions to
applications for clearances, variances or exceptions shall be treated as
complaints and dealt with in accordance with the provisions of this Section.
Section 22. Amendments to the Zoning Ordinance. Changes in the Zoning
Ordinance shall be treated as an amendment, provided that any amendment
to the Zoning Ordinance or provisions thereof shall be subject to review and

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Chapter 7: ZONING ORDINANCE 7- 40

evaluation of the City Planning and Development Office and shall be carried
out through a resolution of 3/4 votes of the Sangguniang Panlungsod.
Section 23. Processing Fees. All processing fees shall be in accordance
with the schedule prescribed under the existing Amended Tax Code of the
City and shall be paid directly to the Office of the City Treasure.
Section 24. Penalty Clause. Any person, individual, entity, corporation,
partnership who violates any of the provisions of this Zoning Ordinance, shall,
upon conviction, be punished with a fine (refer to HLURB Resolution No. 760
dated 18 February 2004 adopted thru Angeles City Ordinance No. 151 Series
2004 dated 28 September 2004) and an imprisonment ranging from one (1)
month to six (6) months at the discretion of the Court.
Imposition of Administrative Fines. The Zoning Administrator or his duly
authorized representative may prescribe and impose fines not exceeding five
thousand pesos (P5,000.00) in the following cases:
1. Unauthorized change, modification or alteration during the construction in
the duly submitted plans and specifications which may violate any
provisions of the Zoning Ordinance.
2. Change in the existing use or occupancy classification of a
building/structure or portion thereof without the corresponding Certificate
of Change of Use.
In addition to the imposed fine, the owner/applicant shall correct or remove
his violations of the provisions of the Zoning Ordinance.
Section 25. Suppletory Effect of Other Laws and Decrees. The provisions of
this Ordinance shall be without prejudice to the application of other laws and
executive or administrative orders of national agencies with jurisdiction over
specific land areas, and shall remain in force and effect, provided that the
land use decision of the national agencies concerned shall be consistent with
the development plan of City.
Section 26. Business Permits and/or Licenses. As a suppletory provision
to the existing Amended Tax of the City, no business/mayor’s permit and/or
licenses of any kind shall be granted or issued in favor of any establishment if
such establishment is located in non-conforming areas or areas where such
business or establishment is not allowed under the provisions of this Zoning
Ordinance.
Section 27. Separability Clause. Should any section or provision of this
Ordinance be declared by the Courts to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or invalid.
Section 28. Repealing Clause. All other Ordinances, rules or regulations in
conflict with the provisions of this Ordinance are hereby repealed; provided
that the rights that are vested upon the effectivity of this Ordinance shall not
be impaired.
Section 29. Effectivity Clause. This Ordinance shall take effect upon
approval and immediately after satisfaction of the required publication in a

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Chapter 7: ZONING ORDINANCE 7- 41

newspaper publication in the City and posting of the same in conspicuous


places in the City.
Adopted this 3rd day of July 2012.
I hereby certify to the correctness of the foregoing Ordinance adopted by the
Sangguniang Panlungsod, 15th Council, of Angeles City during its 16th
Regular Session on July 3, 2012.

Secretary to the Sangguniang Panlungsod

Attested to be duly adopted:

Hon. VICENTA VEGA-CABIGTING


City Vice Mayor and Presiding Officer

Approved:

Hon. EDGARDO D. PAMINTUAN


Mayor

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Chapter 7: ZONING ORDINANCE 7- 42

Annex A

Definition of Terms

1. 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.

2. 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, sugarcane, etc.

3. 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
structure are allowed.

4. Built-up Area - a contiguous grouping of ten or more structures.

5. Central Business District (CBD) - refer to areas designated principally for


trade, services and business purposes.

6. Certificate of Non–Conformance - a certificate issued to owners of all uses


existing prior to the approval of the Zoning Ordinance which do not
conform in a zone as per provision of said Ordinance.

7. Certificate of Non-Coverage - a document issued by the DENR certifying


that the proposed project or undertaking is not included in the
Environmental Impact Statement (EIS) system.

8. Cockpit - a pit or enclosure within a building or a portion thereof where


cockfights are held. Money betting maybe made or not.

9. Commercial Garage - a garage where motor vehicles are housed, cared


for, equipped, repaired or kept for remuneration, hire or sale.

10. Compatible Use - uses or land activities capable of existing together


harmoniously e.g., residential use and parks and playground.

11. Comprehensive Land Use Plan (CLUP) - a document embodying specific


proposals for guiding, regulating growth and/or development. The main
components of the CLUP in this usage are the sectoral studies i.e.,
demography, socio–economic, infrastructure and utilities, local
administration and land use.

12. Conflicting Use - uses or land activities with contrasting characteristics


sited adjacent to each other e.g., residential units adjacent to industrial
plants.

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Chapter 7: ZONING ORDINANCE 7- 43

13. Conforming Use - a use which is in accordance with the zone


classification as provided for in the Ordinance.

14. Easement - open space imposed on any land use/activities sited along
waterways, road right-of-ways, cemeteries/memorial parks and utilities.

15. Environmental Compliance Certificate (ECC) - a document issued by


DENR certifying that the proposed project or undertaking will not cause
significant negative environmental impacts and the proponent has
complied with the requirements of the EIS system.

16. Environmentally Critical Areas - refers to those areas which are


environmentally sensitive and are listed in Presidential Proclamation
2146.

17. Environmentally Critical Projects - refers to those projects which have


high potential for negative environmental impacts and are listed in
Presidential Proclamation 2146.

18. Exception - a device which grants a property owner relief from certain
provisions of a Zoning 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.

19. Floor Area Ratio (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 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.

20. General Commercial Zone (GCZ) - an area within the City for trading,
services or business purposes.

21. General Residential Zone (GRZ) - an area within the City for dwelling or
housing purposes.

22. General Zoning Map - a duly authenticated map delineating the different
zones in which the City is divided.

23. 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:
o office areas
o residential areas
o corridors
o lobbies
o mezzanine

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Chapter 7: ZONING ORDINANCE 7- 44

o vertical penetrations which shall mean stairs, fire escapes, elevator


shafts, flues, pipe shafts, vertical ducts, and the like, and their
enclosing walls
o rest rooms or toilets
o machine rooms and closets
o storage rooms and closets
o covered balconies and terraces
o interior walls and columns, and other interior features

But excluding:

o covered areas used for parking and driveways, including vertical


penetrations in parking floors where no residential or office units are
present
o uncovered areas for air-condition cooling towers, overhead water
tanks, roof deck laundry areas and cages, wading or swimming pools,
whirlpools or jacuzzis, gardens, courts or plazas

24. High Density Residential Zone (R-3) - an area within the City principally
for dwelling/housing purposes with a density of 66 or more dwelling units
per hectare.

25. Hospital - an institution providing health services primarily for in-patient,


medical or physical care of the sick or injured, including as an integral
part of the institution related facilities such as laboratories, out-patient
department, training facilities and staff offices.

26. Innovative Design - introduction and/or application of new creative


designs and techniques in development project e.g., planned unit
development (PUD), newtown, etc.

27. Locational Clearance - a clearance issued to a project that is allowed


under the provisions of this Zoning Ordinance as well as other standards,
rules and regulations on land use.

28. Low Density Residential Zone (R-1) - an area within the City principally
for dwelling/housing purposes with a density of 20 dwelling units and
below per hectare.

29. Medium Density Residential Zone (R-2) - an area within the City
principally for dwelling/housing purposes with a density of 21 to 65
dwelling units per hectare.

30. Mitigating Device - a means to grant relief in complying with certain


provisions of the ordinance.

31. Non-Conforming Use - existing non-conforming uses or establishments in


an area allowed to operate despite of the non-conformity to the
provisions of the ordinance subject to the conditions stipulated in this
Zoning Ordinance.

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Chapter 7: ZONING ORDINANCE 7- 45

32. Parks and Recreation Zone (PRZ) - an area designed for amusements and
for the maintenance of ecological balance of the community.

33. Planned Unit Development (PUD) - a land development scheme wherein


project site is comprehensively planned as an entity via unitary site plan
which permits flexibility in planning/design, building siting,
complementarity of building types and land uses, usable open spaces and
the preservation of significant natural land features.

34. Rezoning - a process of introducing amendments to or a change in the


text and maps of the Zoning Ordinance. It also includes amendment or
change in view of reclassification under section 20 of RA 7160.

35. Setback - the open spaces left between the building and lot lines.

36. Urban Area - include all barangay(s) or portion(s) of which comprising


the Poblacion, CBD and other built up areas including the urbanizable
land in and adjacent to said areas and where at least more than 50
percent of the population are engaged in non-agricultural activities. CBD
shall refer to the areas designated principally for trade, services and
business purposes.

37. Urban Zoning Map - a duly authenticated map delineating the different
zones into which the urban area and its expansion area are divided.

38. Variance - a special locational clearance which grants a property owner


relief from certain provisions of 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.

39. Zone/District – an area within the City for specific land use as defined by
manmade or natural boundaries.
40. Zoning Administrator/Zoning Officer - a city government employee
appointed by the Mayor and who is responsible for the implementation/
enforcement of the Zoning Ordinance in the community.
41. Zoning Ordinance - a local legal measure that embodies regulations
affecting land use.

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Chapter 7: ZONING ORDINANCE 7- 46

Annex B
SCHEDULE OF FEES

1. Locational Clearance

1.1. Single residential structure attached/detached with project cost of

a. P100,000 and below = P240

b. Over P100,000 to P200,000 = P480

c. Over P200,000 = P600 + 1/10 of 1%


of cost in excess of
P200,000

1.2. Apartments/townhouses

a. P500,000 and below = P1,200

b. Over P500,000 to P2M = P1,800

c. Over P2M = P3,000 + 1/10 of


1% of cost in excess of
P2M regardless of the
number of doors

1.3. Dormitories

a. P2M and below = P3,000

b. Over P2M = P3,000 + 1/10 of 1%


of cost in excess of P2M
regardless of the number
of doors

1.4. Institutional

a. P2M and below = P2,400

b. Over P2M = P2,400 + 1/10 of 1%


of cost in excess of P2M

1.5. Commercial, industrial, agro-industrial

a. P100,000 and below = P1,200


b. Over P100,000 to P500,000 = P1,800
c. Over P500,000 to P1M = P2,400
d. Over P1M to P2M = P3,600

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Chapter 7: ZONING ORDINANCE 7- 47

e. Over P2M = P6,000 + 1/10 of 1%


of cost in excess of P2M

1.6. Special uses/special projects e.g., gasoline station, cell sites,


slaughter house, treatment plant, etc.

a. P2M and below = P6,000

b. Over P2M = P6,000 + 1/10 of 1%


of cost in excess of P2M

1.7. Alteration/expansion

a. Affected areas/cost only = same as original


application

2. Subdivision and Condominium Projects (under PD 957)

2.1. Approval of subdivision plan including townhouses

a. Preliminary approval and locational = P300/ha.


clearance (PALC)/preliminary or a fraction thereof
subdivision development plan
(PSPD)
o Inspection = P1,200/ha.
regardless of density

b. Final approval and development = P2,400/ha.


permit regardless of density

o Additional fee on floor area of = P2.40/m2


houses and building sold with lot
o Inspection = P1,200/ha.
regardless of density
(not applicable for projects already inspected for PALC/ PSDP)

c. Alteration of plan (affected areas = same as final


only) approval and
development permit

d. Certificate of registration
o Processing = P2,400

e. License to sell (per saleable lot) = P180

o Additional fee on floor area of = P12/m2


houses and building sold with lot
o Inspection = P1,200/ha.
regardless of density

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Chapter 7: ZONING ORDINANCE 7- 48

f. Certificate of completion

o Certificate = P180
o Processing = P2,400/ha.
regardless of density

g. Extension of time to develop = P420

o Inspection (affected/unfinished = P1,200/ha.


areas only) regardless of density

(application for CR/LS with DP issued by LGUs shall be charged


inspection fee)

2.2. Approval of condominium project


Final approval and development permit

a. Processing
o Land area = P6/m2
o No. of floors = P240/floor
o Building area = P4.80/m2
o Inspection = P14.40/m2 of GFA

b. Alteration of plan (affected areas = same as final


only) approval and
development permit

c. Conversion (affected areas only) = same as final


approval and
development permit

d. Certificate of registration

o Processing = P2,400

e. License to sell

o Residential (saleable areas) = P14.40/m2


o Commercial/office (saleable = P30/m2
areas)

f. Extension of time to develop

o Processing = P420
o Inspection = P14.40/m2 of GFA

g. Certificate of completion

o Certificate = P180

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


Chapter 7: ZONING ORDINANCE 7- 49

o Processing = P14.40/m2 of GFA

2.3. Project under BP 220

Subdivision

a. Preliminary approval and locational clearance


- Socialized housing = P75/ha.
- Economic housing = P180/ha.
o Inspection
- Socialized housing = P200/ha.
- Economic housing = P600/ha.

b. Final approval and development permit


o Processing
- Socialized housing = P500/ha.
- Economic housing = P1,200/ha.
o Inspection
- Socialized housing = P200/ha.
- Economic housing = P600/ha.

(projects already inspected for PALC application may not be


charged inspection fee)

c. Alteration of plans (affected areas = same as final


only) approval and
development
permit

d. Building permit = P6/m2


(floor area of housing unit)

e. Certificate of registration
o Application
- Socialized housing = P350
- Economic housing = P600

f. License to sell (per saleable lot)


- Socialized housing = P20/lot
- Economic housing = P60/lot
(additional fee on floor of = P2.40/m2
houses/building sold with lot)
o Inspection
- Socialized housing = P200/ha.
- Economic housing = P600/ha.

g. Extension of time to develop


o Filing
- Socialized housing = P350
- Economic housing = P420

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


Chapter 7: ZONING ORDINANCE 7- 50

o Inspection (affected/unfinished areas only)


- Socialized housing = P200/ha.
- Economic housing = P600/ha.

h. Certificate of completion
o Certificate
- Socialized housing = P150
- Economic housing = P180
o Processing
- Socialized housing = P200/ha.
- Economic housing = P600/ha.

Application for CR/LS with DP issued by LGUs shall be charged


inspection fee

i. Occupancy permit
o Inspection (saleable floor area of the housing unit)
- Socialized housing = P5/m2
- Economic housing = P6/m2

Condominium
a. Preliminary approval and locational = P600
clearance

b. Final approval and development permit


o Total land area = P6/m2
o Number of floor = P120/floor
o Building area = P2.40/m2 of GFA
o Inspection = P2.40/m2 of GFA

c. Alteration of plan (affected areas = same as final


only) approval and
development
permit

d. Certificate of Registration = P600

e. License to Sell = P6/m2

f. Extension of Time to Develop = P420


o Inspection Fee (FA x P2 x % of remaining = P2.40/m2 of
development cost) saleable area

g. Certificate of Completion
o Certificate = P180
o Processing = P3.60/m2 of GFA

2.4. Approval of industrial/commercial subdivision

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


Chapter 7: ZONING ORDINANCE 7- 51

a. Preliminary approval and locational = P360/ha.


clearance
o Inspection = P1,200/ha.
regardless of
location

b. Final approval and development = P600/ha.


Permit regardless of
location
o Inspection = P1,200/ha.
regardless of
location

(projects already inspected for PALC application may not be


charged inspection fee)

c. Alteration of plan (affected areas = same as final


only) approval and
development
permit

d. Certificate of registration = P2,400

e. License to sell = P2.40/m2 of the


Land area
o Inspection = P1,200/ha.
regardless of
location

f. Extension of time to develop = P420


o Inspection = P1,200/ha.
(affected/unfinished areas only)

g. Certificate of completion
o Industrial = P420/ha.
regardless
of location
o Commercial = P600/ha.
regardless
of location

2.5. Approval of farm lot subdivision


a. Preliminary approval and = P240/ha.
locational clearance
o Inspection = P600/ha.

b. Final approval and development = P1,200/ha.


permit
o Inspection = P600/ha.
(projects already inspected for

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


Chapter 7: ZONING ORDINANCE 7- 52

PALC application may not be


charged inspection fee)

c. Alteration of plan (affected areas = same as final


only) approval and
development
permit

d. Certificate of registration = P2,400

e. License to sell = P600/lot


o Inspection = P1,200/lot

f. Extension of time to develop = P420


o Inspection = P1,200/ha.
(affected/unfinished areas only)

g. Certificate of completion
o Certificate = P180
o Processing = P1,200/ha.

2.6. Approval of memorial park/ cemetery/ columbarium


a. Preliminary approval and location clearance
- Memorial projects = P600/ha.
- Cemeteries = P240/ha.
- Columbarium = P3,000/ha.

o Inspection
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium = P14.40/m2 of
GFA

b. Final approval and development permit


- Memorial projects = P2.40/m2
- Cemeteries = P1.20/m2
- Columbarium = P240/floor
= P4.80/m2 of GFA
= P6/m2 of land
area

Application for CR/LS with DP issued by LGUs shall be charged


inspection fee

o Inspection
(Projects already inspected for PALC application may not be
charged inspection fee)
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium = P14.40/m2 of

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


Chapter 7: ZONING ORDINANCE 7- 53

GFA

c. Alteration = same as final


approval and
development
permit

d. Certificate of registration = P2,400

e. Licenses to sell
- Memorial projects = P60/2.5m2
Apartment type = P24/unit
- Cemeteries = P24/tomb
- Columbarium = P60/vault

o Inspection
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium -

f. Extension of time to develop = P420


o Inspection fee (affected/unfinished areas only)
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium = P14.40/m2 of the
remaining GFA
g. Certificate of completion
o Certificate = P180
o Processing
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium = P4.80/m2 of GFA

2.7. Other transactions/certifications


a. Application/request for:
o Variances and Exceptions = P450
o Advertisement approval = P600
o Cancellation/reduction of = P2,400
performance bond
o Lifting of suspended = P2,400
licenses to sell
o Exemption from cease and = P180
desist order
o Clearance to mortgage = P1,200
o Lifting of cease and desist order = P2,400
o Change of name/ownership/use = P1,200
o Voluntary cancellation of CR/LS = P1,200
o Revalidation/renewal of permit = P50% of
(condominium) assessed

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020


Chapter 7: ZONING ORDINANCE 7- 54

current
processing fees

b. Other certifications
o Zoning certifications = P600/ha.
o Certificate of non-conformance = P1,000
o Certification of town plan/ = P180
zoning ordinance approval
o Certification of new rights/sales = P180
o Certificate of registration (form) = P180
o License to sell (form) = P180
o Certificate of creditable = P180
withholding tax (maximum of five
lots per certificate)

o Others, to include:
- Availability to records/public = P240
request
- Certificate of no records on = P240
file
- Certification of with or without = P240
CR/LS
- Certified photocopy of documents (report size):

Document of five pages or less = P36


Every additional page = P3.60
Photocopy of documents = P2.40
Others not listed above = P1.80

2.8. Registration of dealers/brokers/salesmen

a. Dealers/brokers = P600
b. Salesmen/agents = P240

2.9. Homeowners associations

a. Registration of HOA
o Articles of incorporation = P780
o By-laws = P780
o Books = P240

b. Amendments
o Articles of incorporation = P600
o By-laws = P600
Application for CR/LS with DP issued by LGUs shall be charged
inspection fee

c. Dissolution of homeowner’s = P600


Association

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Chapter 7: ZONING ORDINANCE 7- 55

d. Certification of new set of officers = P420

e. Other certifications:
o Inspection (CMP projects) = P600/ha.

2.10. Legal fees

a. Filing = P1,200

b. Additional fee for claims


(for refund, damages, attorney’s fee, etc.)
o Not more than P20,000 = P144
o More than P20,000 but less than = P480
P80,000
o P80,00 or more but less than = P720
P100,000
o P100,000 or more but less than = P1,200
P150,000
o For each P1,000 in excess = P6
of P150,000

c. Motion for reconsideration = P500

d. Petition for review = P2,400

e. Prayer for Cease and Desist Order = P1,000

f. Pauper-litigants are exempt from payment of legal fees


o Those whose gross income is not more than P6,000/ month
and residing within Metro Manila
o Those whose gross income is not more than P4,000/ month
residing outside Metro Manila
o Those who do not own real property

g. Government agencies and its instrumentalities area exempt from


paying legal fees

h. Local government and government owned or controlled


corporations with or without independent charters are not
exempted from paying legal fees

2.11. UPLC legal research fee

Computation of legal research fee for the University of the Philippines


Law Center (UPLR) remains at one percent of every fee charged but
shall no case be lower than P10

2.12. Research/service fee (50% discount for students)

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Chapter 7: ZONING ORDINANCE 7- 56

a. Photocopy (maps, subdivision/ = For xerox


building/condominium plans,
presentation size)

b. Certified true copy-map = P120


(land use plan)

2.13. Schedule of fines (refer to HLURB Resolution No. 760 dated 18


February 2004 adopted thru Angeles City Ordinance No. 151 Series
2004 dated 28 September 2004)

Comprehensive Land Use Plan and Zoning Ordinance 2010-2020

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