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CITY OF SAN FERNANDO, PAMPANGA

COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

Chapter

The Zoning Ordinance


Too much freedom breeds anarchy. And too much of national security leads to despotism. - Lee Kuan Yew

7.1 Introduction:

ule of law this has always been an ubiquitous item in the wish list of investors when undertaking due diligence work on where to direct and place their investments. Upon close examination of the marketing campaigns of some of the

worlds top investment places like Singapore, Hong Kong, New York, London, Zurich and other premiere cities, one would notice that rule of law has become an omnipresent differentiating criterion that is included in the advertising, public relations, multi-point selling and sales promotion mantras and initiatives of the said cities. Indeed, the fair and effective rendition and enforcement of justice and the predictability of policy and judicial outcomes are potent and unambiguous stimulants in attracting investments into a locality. And the City of San Fernando may commence in applying this beneficial doctrine by way of its judicious implementation of the Zoning Ordinance, the details of which are elucidated below.

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Republic of the Philippines CITY OF SAN FERNANDO (PAMPANGA) Tanggapan ng Sangguniang Panlungsod Present: Hon. Edwin D. Santiago . . . . . . . . . . . . . Presiding Officer Hon. Nelson G. Lingat . . . . . . . . . . . . . . Member Hon. Jaime T. Lazatin . . . . . . . . . . . . . . . Member Hon. Renato G. Agustin . . . . . . . . . . . . . . Member Councilor Bernie T. Castro . . . . . . . . . . . Member Councilor Raul F. Macalino . . . . . . . . . . Member Councilor Rosemary G. Calimlim . . . . . . Member Councilor Redentor S. Halili . . . . . . . . . . Member Councilor Jesus R. Cuyugan . . . . . . . . . . Member Councilor Ruperto D. Dumlao . . . . . . . . Member Councilor Amando C. Santos . . . . . . . . . Member Councilor Ralph Daniel M. Henson . . . . Member On Official Business: Hon. Alex F. Patio Member

Excerpts from the minutes of the 118th regular session of the 2nd Sangguniang Panlungsod of the City of San Fernando, Pampanga held at the Fortune Restaurant , GSO Road, Dolores, City of San Fernando, Pampanga on the 13th day of December 2006. After careful deliberation, on motion presented by Councilor Hon. Nelson G. Lingat, duly and jointly seconded by all Sangguniang Panlungsod members present, the following CITY ORDINANCE was enacted on the 13th day of December 2006 and final reading: ORDINANCE NO. 2006-028 Author: Hon. Nelson G. Lingat

AN ORDINANCE APPROVING THE COMPREHENSIVE LAND USE PLAN (CLUP) AND ZONING ORDINANCE OF THE CITY OF SAN FERNANDO, PAMPANGA FOR 2007 - 2011. WHEREAS, the formulation of the Comprehensive Land Use Plan (CLUP) of the City of San Fernando, Pampanga was anchored on the following core edicts, executive orders, circulars and mandates:

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1.

National Land Use Act This national act promotes a land use pattern that adheres to the following: meeting of food security; promotion of rational population distribution; promotion of orderly and balanced economic growth; sustainable use of natural resources; preservation of environmental integrity; mitigation of natural and man-made disasters; and harmonization of varied interests within the framework of people empowerment;

2.

Comprehensive Agrarian Reform Law or Republic Act 6657 This law implements the policy of the State to promote comprehensive rural development and agrarian reform. Section 65 of the law

empowers the Department of Land Reform to reclassify or convert land usage; 3. Urban Development and Housing Act of 1992 or Republic Act 7279 This law mandates LGUs to conduct inventory and identify suitable land for socialized housing; 4. National Integrated Protected Areas System (NIPAS) Law or Republic Act 7586 This law mandates the protection of national parks, wildlife sanctuaries, protected landscapes and seascapes and related areas; 5. Special Economic Zone Act of 1995 or Republic Act 7916 This law provides the legal framework and mechanism for the creation, operation, administration and coordination of special economic zones in the Philippines; 6. Local Government Code or Republic Act 7160 This law, specifically Section 20, empowers local government units (LGUs) to reclassify agricultural lands in cases where the land ceases to be economically productive and where the reclassification for residential, commercial or industrial use will have substantially greater value. Under Section 476, LGUs are mandated to formulate economic, social, physical and other development plans and policies that give emphasis on the improvement of the quality of life for constituents;

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7.

Executive Order No. 72 This executive order prompts LGUs to prepare and implement physical framework plans and

comprehensive land use plans in accordance with national standards and guidelines; 8. Executive Order No. 124 This executive order establishes priorities and procedures in evaluating areas proposed for land conversion in regional agri-industrial centers, tourism development areas and sites for socialized housing; 9. Department of Interior and Local Government (DILG) Circular No. 92-05 This circular provides for the adoption of the guidelines for the formulation of physical framework plans. These guidelines, among others, include the following: promotion of equitable access to resources; all extractive activities must not affect the productivity of adjoining activities; sustainable development of economic, political and cultural affairs; promotion of industrialization via sound agricultural development and agrarian reform; land usage must be environment-friendly; and optimal use of land assets; and 10. Memorandum Circular No. 54 This circular prescribes the guidelines governing the Local Government Code. It mandates cities and municipalities to reclassify agricultural lands into nonagricultural uses. WHEREAS, the updated 2007-2011 CLUP is strategically aligned with allied development plans and its salient elements are consistent with the general principles, goals and objectives that are expounded in the related development plans. Listed below are some of the allied development documents where the updated 2007-2011 CLUP has strategic linkage: National Physical Framework Plan (2001-2030) The vision of this plan is anchored on sustainable development and growth with social equity. It is development that will be sustainable for all generations of Filipinos. It articulates the efficient and sustainable use of the countrys land and other physical resources so that the same may yield the greatest economic
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benefit to both the present and future generations. Like the updated 2007-2011 CLUP, this plan revolves around the following principles: food security; environmental stability and ecological integrity; rational urban development; spatial integration; equitable access to physical and natural resources; private-public sector partnerships; and people empowerment; Medium-Term Philippine Development Plan (2004-2010) In congruence with the thrusts of this plan, the updated 2007-2011 CLUP also endeavors to pursue the following: sustainable and more productive use of natural resources to promote investments and entrepreneurship; promotion of responsible extractive industries; strengthening the protection of ecologically fragile areas like watersheds; creation of a healthier environment for the population; and the mitigation of the occurrence of natural disasters; Metro Luzon Urban Beltway Development Framework (20062010) Under this development framework, the 16 regions of the country were grouped into four mega regions North Luzon, Metro Luzon, Central Philippines and Mindanao, plus the region that cuts across the four mega regions dubbed as the Cyber Corridor. North Luzon will be developed as an agribusiness center in the North, Metro Luzon as the Urban Beltway, Central Philippines as the Philippines tourism hub and Mindanao as the countrys agribusiness center in the South. The framework is founded on areas and factors where the Philippines have natural competitive advantages. It is prognosticated that the mega regions will not only be the harbingers of economic growth in the country but would also bring about political transformation and greater empowerment to local governments. Consistent with the major thrusts of this framework, the updated 2007-2011 CLUP also positions the City of San Fernando as the preferred investment site of choice among strategic investors and

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development partners, particularly in the areas of trading, finance, tourism and allied services; Regional Physical Framework Plan (2005-2030) and the Regional Development Plan (2004-2010) Like these plans, the updated 2007-2011 CLUP prompts the City of San Fernando to optimize the use of its scarce natural resources in order to make the city a preferred tourist junction and a globally-competitive center of trading, finance and allied services; Subic-Clark Alliance for Development (SCAD) and the Metro Clark Development Frameworks These development

frameworks are premised on the greater economic benefits that can be generated by the symbiotic relationships and intrinsic advantages of Subic and Clark. Subic, being a premiere free port and transshipment hub, will synergistically benefit from complementary and mutually beneficial economic exchanges with Clark, a formidable aerotropolis, and vice-versa. These symbiotic and beneficial exchanges between the two economic fulcrums will spawn spillover development in adjoining localities. Hence, hastening the growth and development of the local economies within the sphere of economic influence of the SCAD and Metro Clark Development Frameworks. To benefit from these frameworks, the underlying principles of the updated 2007-2011 CLUP were linked to these development

frameworks; and Provincial Physical Framework Plan and the Provincial Development Plan The preferred development strategies indicated in these plans strategically fit with the underpinnings of the updated 2007-2011 CLUP. The same aims to lodge the City of San Fernando as a locality of choice for investments in tourism, education, healthcare, finance, retail trade and services.

WHEREAS, the Sangguniang Panlungsod of the City of San Fernando, Pampanga in session assembled, adopts as it hereby adopts the following Ordinance:
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Article I TITLE OF THE ORDINANCE SECTION 1. Title This Ordinance shall be known and cited as:

The Comprehensive Zoning Ordinance of 2007-2011 of the City of San Fernando, Pampanga

Article II AUTHORITY AND PURPOSES SECTION 1. AUTHORITY - This ordinance is enacted pursuant to the provisions of R.A. 7160 otherwise known as the New Local Government Code of 1991, particularly Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated October 10, 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 E.O. No. 72. SECTION 2. following purposes: PURPOSES This Ordinance is enacted for the

1. Guide, control and regulate the future growth and development of the city in accordance with its Comprehensive Land Use Plan (CLUP); 2. To 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 citys populace; 6. Regulate the location and use of buildings and lands in such a manner as to obviate 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

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8. Harmonize pertinent provisions of this Zoning Ordinance with 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 for the City of San Fernando (Pampanga) by the Sangguniang Panlungsod of the City of San Fernando.

Article III DEFINITION OF TERMS SECTION 1. DEFINITION OF TERMS Words and phrases used in this Zoning Ordinance are hereby defined in Annex A, an attached document that is an integral part of this ordinance. SECTION 2. INTERPRETATION OF TERMS The interpretation of technical terms in the Zoning Ordinance 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 Environment 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 CLASSIFICATION SECTION 1. DIVISION INTO ZONES OR DISTRICTS To effectively carry out the provisions of this Zoning Ordinance, the city, is hereby divided into the following zones or districts as shown in the Official Zoning Maps. 1. Settlements Area 1.1 Low Density Residential Zone (R-1) 1.2 Medium Density Residential Zone (R-2) 1.3 General Residential Zone (GRZ) 2. Production Area 2.1 Agricultural Zone (AGZ) 2.1.1.1 Strategic Agriculture and Fishery Development Zone (SAFDZ) Area 2.1.1.2 Agricultural Land Outside SAFDZ Area 2.1.1.3 Agri-Industrial/ Livestock Farms 2.1.2 Industrial Zone (IZ) 2.2 General Commercial Zone (GCZ) 2.3 Tourism Development Zone (TDZ) 3. Protected Area
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3.1 SAFDZ area 3.2 Park and Open Space 3.3 Heritage and Historic Preservation 3.4 River and Creek Easement 3.5 Swamp 3.6 National and Local Road Easement 3.7 PNR Railway Easement 4. Infrastructure Area 4.1 Economic Infrastructure 4.2 Social Infrastructure 4.3 Administrative Infrastructure 4.4 Utilities and Transportation SECTION 2. ZONING MAPS It is hereby adopted as an integral part of this Zoning Ordinance, the Official Zoning Maps for the urban and urbanized 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. Such Official Zoning Maps shall bear the signature of the City Mayor and duly authenticated by the Sangguniang Panlungsod. These maps can be found in Annex B. SECTION 3. ZONE BOUNDARIES The locations and boundaries of the abovementioned zones are hereby identified and specified. These zone boundaries refer to the Zoning Map and Proposed Comprehensive Land Use Map, the details of which are expounded in Annex B. 1. Settlements Area/ Residential Zones (R-1, R-2 and GRZ) The residential zones in the zoning/urban map are all the areas colored yellow. 2. Agricultural Zones (AGZ) The agricultural zones in the zoning/urban map are all areas colored light green. 3. General Commercial Zone (GCZ) The commercial zones in the zoning/urban map are all areas colored red. 4. Industrial Zones (I-1, I-2 and I-3) The industrial zones in the zoning/urban map are all areas colored violet. 5. Protected Area Includes SAFDZ area, Park and Open Space, Heritage and Historic Preservation, River and Creek Easement, Swamp Area, National and Local Road Easement, and PNR Railway Easement. These are identified and accordingly reflected in the Zoning Map. 6. Infrastructure Area Includes economic, social, and administrative infrastructure, including utilities and transportation facilities, as well as institutional facilities. These are identified and accordingly reflected in the Zoning Map.

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SECTION 4.

INTERPRETATION OF THE ZONE BOUNDARY

In the interpretation of the boundaries for any of the zones indicated on the Zoning Map, the following rules shall apply: 1. Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the street or highway right-of-way lines, shall be construed to be the boundaries. 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 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 indicated as following shorelines shall be construed to follow such shorelines and in the event 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, the said depthness shall be construed to be the average lot depth greater than said average, the remaining portion of said lot shall be construed as covered by the one lot deep zoning district provided the remaining portion has an area less than fifty percent (50%) of the total area of the entire lot. If 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. 8. The textual description of the zone boundaries shall prevail over that of the Official Zoning Maps. Article V ZONE REGULATIONS

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SECTION 1. GENERAL PROVISION The uses enumerated in the succeeding section are neither exhaustive nor all-inclusive. The Sangguniang Panlungsod may allow other uses not enumerated hereunder as it may deem fit on proper. Specific uses/activities of lesser density or intensity within a particular zone (R-I) may be allowed within the zone of higher density (R-2, R-3) but not vise versa, or not in another zone of different nature 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 intrazonal and not interzonal. The Compatibility Matrix in Annex C shall also provide a cursory guide on the use regulations in designated zones.

SECTION 2. USE REGULATIONS IN SETTLEMENTS AREA: I. LOW DENSITY RESIDENTIAL ZONE (R-1). An R-1 shall be used principally for housing/dwelling purposes so as to maintain the peace and quiet environment of the area within the zone with a density of not more than 20 dwelling units per hectare. The following are the allowable uses: 1. Detached family dwelling 2. Semi-detached family dwellings (e.g., duplex, townhouses) 3. Customary accessory uses like: a. Servants quarters b. Private garages c. Guardhouses 4. Apartment of not more than five (5) doors 5. Boarding houses accommodating not more than five (5) boarders 6. Home occupation for the practice of ones profession or for engaging in an inhouse personal services such as dressmaking, tailoring, baking, running a sari-sari store, beauty parlors, barber shops and the like, provided that: a. The number of persons engaged in such business/industry shall not exceed five (5), inclusive of the owner; b. There shall be no change in the outside appearance of the building or premises; c. No home occupation shall be conducted in any customary accessory uses cited above; d. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met, off the street and in a place other than in a required front yard; e. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference that is adversely detectable to the normal senses and visual or audible interference in any radio or television receivers or causes fluctuations in line voltage off the premises. 7. Home industry classified as cottage industry provided that: a. Such home industry shall not occupy more than thirty percent (30%) of the actual floor area of the dwelling unit. There shall be no

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change or alteration in the outside appearance of the dwelling unit and shall not be a hazard/nuisance; b. It shall consider the same provisions as enumerated in letters c, d and e of number 6 above. 8. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: a. Swimming pools b. Tennis/Pelota courts c. Others 9. Community facilities such as: a. Chapels and other similar places of worship b. Barangay halls and other incidental facilities c. Pre-schools, elementary and high schools d. Police/Fire sub-stations e. Clinic, nursing and convalescing health centers f. Community parks and playground g. Radio, TV and other communication facilities provided that their sound maintenance shall be the exclusive responsibility of the applicant and/ or person running them. 10. Clubhouse and its incidental facilities 11. Refilling stations and minor motor service shops located along major thoroughfares 12. Mini-marts 13. Neighborhood laundry shops and dry-cleaning services II. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). R-2 zones shall be for housing/dwelling i.e. 21 to 65 dwelling unit per hectare. The following are the allowable uses: 1. 2. 3. 4. 5. 6. All uses allowed in R-1 Apartments of more than five (5) doors Boarding houses of more than five (5) boarders Dormitory houses Hometels Medium rise apartel buildings of not more than four (4) storeys located along major thoroughfares 7. Vocational school 8. Shuttle bus terminal without incidental repair and maintenance facilities 9. Tricycle/Tri-sikad terminals

III. GENERAL RESIDENTIAL ZONE (GRZ). A GRZ shall be for housing/dwelling purposes of high density with 66 or more dwelling units per hectare. The following are the allowable uses: 1. 2. 3. 4. 5. All uses allowed in R-1 and R-2 Zones Multi-level tenement houses Cooperative centers/offices Training centers Public reading centers/libraries
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6. 7. 8. 9.

Primary hospitals Variance Subdivisions such as upgrading and sites & services projects Socialized housing Relocation projects

SECTION 3. USE REGULATIONS IN PRODUCTION AREA: I. USE REGULATIONS IN AGRICULTURAL ZONE (AGZ). These areas include i) SAFDZ lands, ii) agricultural lands outside SAFDZ, and iii) agri-industrial/ livestock farms. In the AGZ, the following uses shall be permitted: 1. Agro-industrial and other incidental uses directly supportive to large scale commercial plantations such as processing/canning, packaging and similar facilities, provided that all requirements of other government agencies concerned for the conduct of such shall strictly be complied with Hydro-electric generating plants and their related facilities Transmission lines/towers Telecommunication towers Irrigation, flood control and their related facilities Agricultural trading centers Village level coconut oil processing mills Ancillary dwelling units/farmhouses for tillers and laborers Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like Raising of livestock (e.g., cattle, sheep, pigs, goats, horses, others) and fowls (e.g., chickens, ducks, ostriches, others), hence, poultry, piggery and related activities Growing of diversified plants and trees such as fruit and flower bearing trees, coffee, tobacco, etc. Mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey raising and the like Customary support facilities such as palay dryers and rice threshers and storage barns and warehouses Agricultural research and experimentation facilities such as breeding stations, fish farms, nurseries, demonstration farms, etc. Home industry classified as cottage industry (e.g., mat weaving, pottery making, food preservation, etc.) provided that: a. Such home industries shall not occupy more than thirty percent (30%) of floor area of the dwelling units. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance; b. The allotted capitalization shall not exceed more than one hundred thousand pesos (P 100,000.00) during its entire operation; c. Such shall consider the same provisions as enumerated in letters c, d and e of Home Occupation under this section. Other accessory uses incidental to agricultural activities Fishing, fish culture and other similar aquatic activities Agri-tourism and related activities Rice/Corn mills
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2. 3. 4. 5. 6. 7. 8. 9. 10.

11. 12. 13. 14. 15.

16. 17. 18. 19.

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20. Drying, cleaning, curing and preserving of meat and its by-products and derivatives 21. Flour mills 22. Cassava flour mills 23. Manufacture of coffee 24. Manufacture of unprepared animal feeds, grain milling, etc. 25. Production of prepared feeds for animals 26. Manufacture of charcoal 27. Milk processing 28. Butter and cheese processing 29. Natural fluid milk processing 30. Manufacture/processing of other dairy products 31. Canning and preserving of fruits and fruit juices 32. Canning and preserving of vegetables and vegetable juices/sauces 33. Miscellaneous canning and preserving of fruits and vegetables 34. Manufacture of desiccated coconut 35. Manufacture of starch and its products 36. Manufacture of wines from juices of local fruits 37. Vegetable oil mills including coconut oil 38. Sugarcane milling (centrifugal and refines) 39. Sugar refining 40. Muscovado sugar mill 41. Cotton textile mill i. Manufacture/processing of other plantation crops ii. Commercial and industrial activities using plant or animal parts and/or products as raw materials iii. Other accessory uses incidental to agro-industrial activities II. USE REGULATIONS IN INDUSTRIAL (IZ). The permitted uses in the Industrial Zone area are as follows: (1) LIGHT INDUSTRIES(I-1)- Involves non-pollutive/non-hazardous and nonpollutive/hazardous manufacturing/processing establishments, as follows: Food Based Industries: 1. Drying fish 2. Biscuit factory manufacture of biscuits, cookies, crackers and other similar dried bakery products 3. Doughnut and hopia factory 4. Manufacture of macaroni, spaghetti and vermicelli and other noodles 5. Other bakery products not elsewhere classified 6. Manufacture of dry ice, ice, ice cream, ice drops including cold storage facilities B. Leather Based Manufacturing: 1. Life belts factory 2. Manufacture of luggage, handbags, wallets and small leather goods 3. Manufacture of miscellaneous products of leather and leather substitute 4. Manufacture of shoes except rubber, plastic and wood 5. Manufacture of slippers and sandal except rubber and plastic
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6. Manufacture of footwear parts except rubber and plastic 7. Manufacture of miscellaneous fabricated millwork C. Wood Based Industries: 1. Manufacture of wooden and cane containers 2. Sawali, nipa and split cane factories 3. Manufacture of bamboo, rattan and other cane baskets and wares 4. Manufacture of cork products 5. Manufacture of wooden shoes, shoe laces and other similar products 6. Manufacture of wooden furniture and fixtures 7. Manufacture of miscellaneous wood products D. Other Industries: 1. Manufacture of photographic & optical goods including eye glasses and spectacles, optical lenses and related goods 2. Manufacture of paper stationery, envelopes and related articles 3. Repacking of industrial products e.g. paints, varnishes and other related products 4. Private and public utility bus terminals garage where such vehicles are stored, kept, maintained and repaired including storage facilities for spare parts and other accessories. 5. Warehouse and open storages 6. Manufacture of musical instruments including organs, piano, wind-end percussion and the like 7. Manufacture of watches and clock and other signal and detection equipments. 8. Manufacture of commercial handicrafts and industrial activities utilizing plant or animal parts and/or products as raw materials (2) MEDIUM INDUSTRIES (I-2) - Involves pollutive/non-hazardous and pollutive/hazardous manufacturing and processing establishments. Enumerated below are the allowable uses: A. All uses allowed in I-1 B. Food Based Industries: 1. Processing and canning of ham, bacon and native sausage 2. Poultry processing and canning 3. Corn mills/Rice mills 4. Chocolate and cocoa factories 5. Candy factories 6. Chewing gum factories 7. Peanuts and other nuts factories 8. Other chocolate and confectionery factories 9. Manufacture of flavoring extracts 10. Manufacture of food products (e.g., vinegar, vetsin, soy sauce, etc.) 11. Manufacture of fish meat 12. Oyster shell grading 13. Flour mills 14. Cassava flour mills 15. Manufacture of coffee, pineapple and banana products

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C.

D.

E.

E.

G.

16. Drying, cleaning, curing and preserving of meat and its by-products and derivatives 17. Other similar food base industries Wood-Based Industries: 1. Manufacture of rough lumber 2. Manufacture of worked lumber 3. Saw mills 4. Manufacture of veneer, plywood and woodtile products 5. Manufacture of worked lumber 6. Treating and preserving of wood 7. Manufacture of charcoal base products 8. Manufacture of wood and cane blinds, screen and shades 9. Manufacture of containers and boxes of paper and paper boards 10. Manufacture of miscellaneous pulp and paper products 11. Manufacture of wood furniture including upholstered 12. Manufacture of rattan furniture including upholstered 13. Manufacture of box beds and mattresses Agricultural-Based Industries: 1. Manufacture of unprepared animal feeds, other grain milling 2. Production of prepared feeds for animals (feed mills) 3. Cigar and cigarette factory 4. Curing and re-drying tobacco leaves 5. Drying, smoking and airing of tobacco 6. Miscellaneous processing of tobacco leaves 7. Other agricultural based products Non-Metallic-Based Industries: 1. Manufacture of statuary, art goods, cut stones and marble products 2. Manufacture of abrasive products 3. Manufacture of miscellaneous nonmetallic mineral products Metallic-Based Industries: 1. Manufacture of household metal furniture 2. Manufacture of office, store and restaurant metal furniture 3. Manufacture of metal blinds, screens and shades 4. Manufacture of miscellaneous furniture and fixture primarily of metal 5. Manufacture of fabricated structural iron and steel 6. Manufacture of architectural and ornamental metal works 7. Manufacture of boilers, tanks and other structural sheet metal works 8. Manufacture of other structural products 9. Manufacture of metal cans, boxes and containers 10. Manufacture of stamped coated and engraved metal products 11. Manufacture of fabricated wire and cable products 12. Manufacture of heating, cooking and lighting equipment except electrical 13. Sheet metal works generally manual operation 14. Manufacture of other fabricated metal products except machinery and equipment Chemical -Based Industries: 1. Manufacture of perfumes cosmetics and other toilet preparations 2. Manufacture of waxes and polishing preparations 3. Manufacture of candles
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4. Manufacture of inks 5. Manufacture of miscellaneous chemical products H. Plastic and Rubber- Based Products: 1. Manufacture of plastic footwear 2. Manufacture of plastic furniture 3. Manufacture of other fabricated plastic products 4. Tire retreating and rebuilding 5. Manufacture of rubber shoes and slippers 6. Manufacture of industrial and molded rubber products I. Other Industries: 1. Manufacture of medicinal and pharmaceutical preparations 2. Manufacture of cutlery, except table flatwares 3. Manufacture of hand tools 4. Manufacture of general hardware 5. Manufacture of miscellaneous cutlery hand tools and general hardware 6. Manufacture or assembly of agricultural machinery and other heavy equipment machinery 7. Native plow and harrow factories 8. Repair of agricultural machinery 9. Manufacture of assembly of service industry machines 10. Manufacture of assembly of elevators and escalators 11. Manufacture or assembly of sewing machines 12. Manufacture or assembly of cooking ranges 13. Manufacture or assembly of water pumps 14. Refrigeration industries 15. Manufacture or assembly of other machinery and equipment except electrical 16. Manufacture and repair of electrical apparatus 17. Manufacture and repair of electrical cables and wires 18. Manufacture of electrical cables and wires 19. Manufacture of other electrical industrial machinery and apparatus 20. Manufacture or assembly of electric equipment, radio, television, tape recorders, stereo 21. Manufacture or assembly of radio and television transmitting, signaling and detection equipment 22. Manufacture or assembly of telephone and telegraphic equipment 23. Manufacture of other electronic equipment and apparatus 24. Manufacture of industrial and commercial electrical equipment 25. Manufacture of household cooking, heating and laundry appliances 26. Manufacture of other electrical appliances 27. Manufacture of electric lamp fixtures 28. Weaving of hemp textile 29. Jute spinning and weaving 30. Miscellaneous spinning and weaving mills, 31. Hosiery mills 32. Underwear and outwear knitting mills 33. Fabric knitting mills 34. Miscellaneous knitting mills 35. Manufacture of mats and matting 36. Manufacture of carpets and rugs
CHAPTER 7 Zoning Ordinance 7-17

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

37. Manufacture of cordage, rope and twine 38. Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc. 39. Manufacture of linoleum and other surfaced coverings 40. Manufacture of artificial leather, oil cloth and other fabrics except rubberized materials 41. Manufacture of coil 42. Manufacture of miscellaneous textiles 43. Manufacture of table and kitchen articles 44. Manufacture of pottery, china and earthenwares 45. Manufacture of flat glass 46. Manufacture of glass containers 47. Manufacture of miscellaneous glass and glass products 48. Manufacture of clay bricks, clay tiles and hollow clay tiles 49. Manufacture of miscellaneous structural clay products 50. Manufacture of structural concrete products 51. Manufacture of asbestos products 52. Manufacture of engines and turbines except motor vehicles, marine crafts and aircrafts 53. Manufacture of metal cutting, shaving and finishing machinery 54. Manufacture of wood working machinery 55. Manufacture, assembly, rebuilding, repairing of food and beverage making machinery 56. Manufacture, assembly, rebuilding, repairing of textile machinery and equipment 57. Manufacture, assembly, rebuilding, repainting of paper industry machinery 58. Manufacture, assembly, rebuilding, repairing of printing, trade machinery and equipment 59. Manufacture of rice mills 60. Manufacture of machines for leather and leather products 61. Manufacture of construction machinery 62. Manufacture of machines for clay, stove and glass industries 63. Manufacture, assembly, repair, rebuilding of miscellaneous special industrial machinery and equipment 64. Manufacture of dry cells, storage and other batteries 65. Boat building and repairing 66. Ship repairing, dock yards, dry docks and shipways 67. Miscellaneous shipbuilding and repairing 68. Manufacture of locomotives and parts 69. Manufacture of railroads or automobiles, cars, buses, trucks and trailers 70. Manufacture or assembly of automobiles, cars, buses, trucks and trailers 71. Assembly of motorcycle, cars, trucks and the like 72. Plant for computer and other electronic devices (3) HEAVY INDUSTRIES (I-3). I-3 are for large scale highly pollutive/non-hazardous; highly pollutive/hazardous, highly pollutive/extremely hazardous, non-pollutive/extremely hazardous; and pollutive/extremely hazardous manufacturing and processing establishments. Enumerated below are the allowable uses:
CHAPTER 7 Zoning Ordinance 7-18

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

A. All uses allowed in I-2 Zone B. Food-Based Industries: 1. Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon 2. Ice cream factories 3. Milk processing plants (e.g., manufacturing filled, reconstituted, recombined, condensed or evaporated milk) 4. Butter and cheese processing plants 5. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related products) 6. Processing of other dairy products 7. Canning and preserving of fruits and fruit juices 8. Canning and preserving of vegetable and vegetable sauces 9. Canning and preserving of vegetable sauces 10. Miscellaneous canning and preserving of fruits and vegetables 11. Fish canning 12. Patis factories 13. Bagoong factories 14. Processing, preserving and canning of fish and other seafood 15. Manufacture of desiccated coconut 16. Manufacture of starch and its products 17. Manufacture of wines from juices of local fruits 18. Manufacture of malt and malt liquors 19. Manufacture of soft drinks carbonated water 20. Manufacture of instant beverages and syrups 21. Other non-alcoholic beverages 22. Slaughtering, preparation and preservation of meat products 23. Vegetable oil mills, including coconut oil refineries 24. Manufacture of refined cooking oil and margarine 25. Manufacture of fish, marine and other animal oils 26. Manufacture of vegetable and animal oils and fats 27. Sugar cane milling (centrifugal and refined) 28. Sugar refining 29. Muscovado sugar mills 30. Distilled, rectified and blended liquors C. Other Industries: 1. Cement factories 2. Cotton textile mills 3. Ramie textile mills 4. Rayon and other man-made fiber textile mills 5. Bleaching and drying mills 6. Manufacture of narrow fabrics 7. Tanneries and leather finishing plants 8. Pulp mills 9. Paper and paperboard mills 10. Manufacture of fiberboards 11. Manufacture of inorganic salts and compounds 12. Manufacture of soap and cleaning preparations
CHAPTER 7 Zoning Ordinance 7-19

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37.

Manufacture of hydraulic cement Manufacture of lime and lime kilns Manufacture of plaster Blast furnaces, steel works and rolling mills Iron and steel foundries Manufacture of smelted and refined nonferrous metals Manufacture of rolled, drawn or astruded nonferrous metals Manufacture of nonferrous foundry products Manufacture of industrial alcohol Other basic industrial chemicals Manufacture of fertilizers Manufacture of pesticides Manufacture of synthetic resins, plastic materials and man-made fibers except glass Petroleum refineries Manufacture of reclaimed, blended and compound petroleum products Manufacture of miscellaneous products of petroleum and coals Manufacture of paints Manufacture of varnishes, shellac and stains Manufacture of paint removers Manufacture of other paint products Manufacture of matches Manufacture of tires and inner tubes Manufacture of processed rubber not in rubber plantation Manufacture of miscellaneous rubber products, Manufacture of compressed and liquified gases

III. OTHER USE REGULATIONS IN INDUSTRIAL ZONES. For land uses under the use regulations for I-1, I-2 and I-3, the corresponding certification as to whether they fall under the non-pollutive, pollutive or highly pollutive categories and further classified as non-hazardous, hazardous and extremely hazardous, shall first be secured from the Regional Office of the Department of Environment and Natural Resources. No industries listed under use regulation for I-1 and I-2 districts shall be allowed inside areas for purely residential subdivisions existing prior to the approval of this Zoning Ordinance even if such residential subdivisions are within the Industrial Districts as described in this Ordinance.

IV. GENERAL COMMERCIAL ZONE (GCZ). A GCZ shall be principally for trade, services and business activities. Enumerated below are the allowable uses: 1. Office buildings like: a. Office/condominium buildings b. Office/residential/condominium buildings 2. General retail stores and shops like: a. Department stores/shopping centers b. Bookstores and office supply shops
CHAPTER 7 Zoning Ordinance 7-20

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

Grocery stores /mini marts Supermarkets Wine, cigar and cigarette shops Car accessory shops Home appliances stores Record and musical instrument shops Medical equipment stores Photo shops Flower shops Pet shops Duty free shops Sports supplies and accessory shops Gifts and souvenir shops RTW shops and/or boutiques Shoe shops Second hand retail shops such as books, used clothing, furniture, appliances and the like s. Art gallery shops 3. Food shops /outlets such as: a. Food marts b. Bakeries and bakeshops c. Restaurants/Eateries d. Fast food centers e. Grilled/Roasted food outlets f. Ice cream parlors g. Fruit stands h. Candy shops 4. Personal services shops like: a. Beauty parlors b. Barber shops c. Sauna bath and massage clinics d. Dressmaking, tailoring and embroidery shops e. Medical clinics f. Aerobics/Body-Building centers g. Reflexology and acupuncture service centers and the like h. Portrait shops 5. Sports and Recreational Centers: a. Moviehouses b. Playcourts (e.g., tennis, bowling, billiard) c. Indoor shooting ranges d. Mini-golf courses/driving ranges e. Swimming pools f. Day and night clubs, disco pubs, videoke/karaoke/KTV bars, beer/pubhouses, bars and the like subject to existing local ordinances/regulations as to its distance from the nearest institutional structures such as schools, churches, hospitals and the like. g. Stadiums, coliseums, gymnasiums h. Skating rinks h. Carnivals and recreational shows
CHAPTER 7 Zoning Ordinance 7-21

c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r.

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

6.

7.

8.

9.

Other sports and recreational and amusement establishments except casinos, cockpits or other forms of gambling activities Short term special education like: a. Dancing schools b. School for self-defense c. Driving schools d. Speech clinics e. Music studios/schools Commercial housing like: a. Residential condominiums b. Hotels c. Pension/lodging houses/inns d. Apartments and similar structures and uses e. Boarding houses f. Dormitories g. Storerooms and similar storage facilities necessary for the effective conduct of the business Institutional activities such as: a. Colleges/Universities b. Embassies and consulates c. Libraries and museums d. Convention centers and related facilities e. Government offices f. Hospitals g. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities h. Public parks and playgrounds including public zoo Other trade, services and business activities such as: a. Banks and other similar financial institutions b. Hardware/auto supply and spare parts stores with storerooms incidental to the principal use c. Filling/service stations d. Vocational/technical schools e. Off-street and multi-level parking areas f. Radio and television stations g. Printing shops and publishing houses h. Pawnshops and goldsmith services i. Watch, locksmith and other light electrical and mechanical repair shops j. Laundry shops and dry cleaning services k. Typing, photocopying and engraving services l. Messengerial services m. Janitorial services n. Security agencies o. Recruitment agencies p. Vehicle rental services q. Bag/Shoe repair shops r. Clubhouses s. Booking offices t. Small vulcanizing shops
7-22

i.

CHAPTER 7 Zoning Ordinance

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

u. v. w. x.

Advertising offices Radio, TV and other communication facilities Tire and vulcanizing shops Memorial chapels, funeral parlors, mortuaries, crematoriums and similar services y. Other similar commercial activities not elsewhere classified

10. Repair shops like: a. House appliance repair shops b. Motor vehicle and accessory repair shops (Note: All shops shall be provided with adequate working space and no vehicle repair or no storage shall be allowed on the road right-of-way) c. Home furnishing shops d. Electrical and mechanical equipment repair shops 11. Satellite PUJ terminals provided the same are located outside the Central Business District (CBD) and upon the recommendation of the Office of the City Planning and Development Office 12. Billboards /Signboards making/ advertising shops 13. Small and medium scale junk stores of not more than 50.00 sq.m. of floor area 14. Machinery sales and services 15. Carwash services 16. Automobile sales and services 17. Heavy equipment sales and services 18. Machine shop service operations for engine repair rebuilding or custom job orders 19. Lumber yards without machinery 20. Tire recapping centers (cold process) 21. Blacksmith/Tinsmith shops 22. Woodworks /Furniture shops 23. Steel works such as: a. Window grills fabrication b. Window casement/steel doors making c. Steel Gate/Fence making d. Garden/Home furniture making e. Cutflowers/Plant accessories shops f. Other similar steel fabrication activities 24. Lechon or whole pig roasting 25. Doughnut and hopia factories 26. Other bakery products not elsewhere classified 27. Repacking of food products (e.g., fruits, vegetables, sugar and other related products) 28. Wholesale establishments/stores or offices with storage facilities and display of commodities/ items for sale 29. Warehouse and open storages 30. Other commercial activities not elsewhere classified V. TOURISM DEVELOPMENT ZONE (TDZ). A TDZ refers to areas where major tourism projects or tourist related activities shall be allowed provided that the same shall be in accordance with the Department of Tourism (DOT) guidelines and
CHAPTER 7 Zoning Ordinance 7-23

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

standards and shall have secured special local government requirements. A citywide tourism plan shall be formulated which will spell out the necessary guidelines for the use and development of the area. Initially, the following are the activities/establishments allowed in the TDZ: 1. 2. 3. 4. 5. 6. Eco-tourism projects Agri-tourism projects Theme parks Hotels, convention facilities, and restaurants Shopping centers, souvenir shops, tourism information office Other related activities

SECTION 4. USE REGULATIONS IN PROTECTED AREAS: I. SAFDZ AREAS. Republic Act 8435 otherwise known as the Agriculture and Fishery Modernization Act (AFMA) of 1997 is a landmark legislation aimed at ensuring the food security of the country at the same time catalyzing agro-industrial development. The strategy is to mark on the ground the Network of Protected Areas for Agriculture and Agro-industrial Development (NPAAAD) and from the NPAAAD, identify the Strategic Agriculture and Fishery Development Zones (SAFDZ). The identified SAFDZ lands shall be protected and non-negotiable for conversion subject to the provisions of the AFMA law. Allowed uses corresponds to developments zones as shown below: 1. Strategic crop sub-development zone; 2. Strategic livestock sub-development zone; 3. Strategic fishery sub-development zone; 4. Integrated strategic crop-fishery sub-development zone; 5. Integrated strategic crop-livestock sub-development zone; 6. Integrated strategic fishery-livestock sub-development zone; and 7. Integrated strategic crop-livestock-fishery sub-development zone; II. PARKS AND OPEN SPACE. The following uses shall be allowed in this zone: 1. Parks/Gardens 2. Resort areas 3. Open air or outdoor sports activities and support facilities, including low-rise stadiums, gyms, amphitheaters and swimming pools 4. Golf courses, ball courts, race tracks and similar uses 5. Memorial parks/shrines/monuments, kiosks and other park structures 6. Wild life parks, botanical and zoological gardens 7. Theme parks III. HERITAGE AND HISTORIC PRESERVATION. Heritage and historic preservation sites shall be protected from any form of desecration and vandalism. Preservation and rehabilitation of the same shall be undertaken through the formulation of guidelines which shall focus on adaptive and re-use concepts. These areas are: 1. Hilaga Northern Philippines (Formerly Paskuhan Village)
CHAPTER 7 Zoning Ordinance 7-24

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

2. 3. 4. 5. 6. 7. 8. 9. 10.

Metropolitan Cathedral of San Fernando Pampanga Provincial Capitol City Hall of San Fernando Macario Arnedo Park First Concrete Pavement Marker - Baluyut Bridge Pampanga Hotel Leaning Tower San Fernando Train Station Other Sites and Attractions These include the mansions of the early ilustrado Pampango families, like the Hizons, Lazatins, Hensons and Consunjis.

IV. RIVER EASEMENTS AND SALVAGE ZONES. Article 51 of Presidential Decree No. 1067 a.k.a. The Water Code of the Philippines states 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 (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject to the easement of public use in the interest of RECREATION, NAVIGATION, FLOTAGE, FISHING AND SALVAGE. NO PERSON shall be allowed to stay in this zone longer that what is necessary for recreation, navigation, flotage, 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 activities/uses include linear parks, tree planting and riverside vegetation. V. INFRASTRUCTURE RIGHT OF WAYS (ROWs). It is reiterated herein 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. VI. ENVIRONMENTALLY CRITICAL AREAS. The vulnerability of the entire Poblacion and the CBD to flooding makes it an environmentally critical area. While a massive engineering intervention may address the problem, the City should be very conservative in issuing locational clearances and development permits. In critical areas where threat is very obvious (e.g. near water ways and low lying areas), applicants must produce the necessary studies, which include but not limited to environmental impact studies. This will be the basis in granting permits. SECTION 5. USE REGULATIONS IN INFRASTRUCTURE AREAS -

Infrastructure areas include institutional uses including memorial parks and cemeteries; sports and recreational facilities; and utilities and transportation. 1. Allowable institutional uses in this zone are enumerated below. a) Government center to house national, regional or local offices in the area
CHAPTER 7 Zoning Ordinance

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COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

b) Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of learning c) General hospitals, medical center and multi-purpose clinics d) Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities e) Convention centers and related facilities f) Religious structures e.g. church, seminary, convents g) Museum/public libraries, reading centers h) Student housing, e.g. dormitories, boarding house i) Cemeteries and similar burial grounds j) Welfare houses, orphanages, boys and girls town, home for the aged and the like k) Rehabilitation and vocational training centers for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, ex-sanitarium inmates and similar establishments l) 2. Penitentiary and correctional institutions Sports and recreational facilities allowed are: a) Resort areas including accessory uses b) Fishing parks c) Other uses similar, related or directly incidental to the above uses 3. Utilities and transportation facilities allowed are: a) Domestic water supply system installations including tube well drilling fields and storage tanks and reservoirs b) Transportation terminals c) Radio, television and television transmitter, receiver and repeater facilities d) Electrical power plant, substation, and power distribution lines with a rated capacity in excess of 64 KVA e) Roads and streets of all types and related fixtures within the legal right of way, including off-street parking facilities and transport terminals f) Telecommunications facilities, provided that an easement of 100 meter radius or equivalent to the height of the tallest tower structure, as the case may be, the transmission towers shall be reserved and protected. No residential houses or trees exceeding 5 meters in height shall be allowed within the easement g) 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 that exceed 5 meters in height shall be allowed within the easement
CHAPTER 7 Zoning Ordinance 7-26

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

Article VI INNOVATIVE TECHNIQUES SECTION 1. INNOVATIVE TECHNIQUES OR DESIGNS Applications for projects that promote urban renewal and restoration work, or introduce creativity or flexibility of design or plan, such as but not limited to historic preservation development, planned unit development and similar developments, may be approved by the local government through the office in charge of the city zoning administration provided that: 1. The proposed land use will not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, traffic and parking generation and the dominant land use of the zone; 2. Necessary environmental clearances and other government approvals are obtained; 3. Other plans or studies that may be required by the city zoning administration in order to assess the application are submitted; 4. The application follows the process prescribed by the city zoning administration. Article VII PROJECTS OF NATIONAL SIGNIFICANCE SECTION 1. PROJECTS OF NATIONAL SIGNIFICANCE Projects may be declared by the NEDA Board as projects of national significance pursuant to Section 3 of E.O. 72. When a project is declared as such, the locational clearances shall be issued by the HLURB pursuant to E.O. 72. Article VII 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 mitigating devices, and the estimated impact of the building or mixed use development on existing utilities. Article IX LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIOECONOMIC AND ENVIRONMENTAL SIGNIFICANCE SECTION 1. LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-ECONOMIC AND ENVIRONMENTAL SIGNIFICANCE -

CHAPTER 7 Zoning Ordinance

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CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

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 shall be reviewed by and appropriate recommendations and actions shall be pursued by the Sangguniang Panlungsod. Projects that fall under this section should obtain their clearances from: 1. Residential Subdivisions, Condominiums and Town Houses Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Health Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 2. Resettlement Areas Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 3. Upgrading Sites and Services Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Engineers Office, City Water District 4. Farm Lot Subdivisions Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office 5. Miscellaneous Sales Applications/Foreshore Lease Applications Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Agriculture, Veterinary, Environment and Natural Resources Office 6. Commercial Centers/Business Parks/Malls Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Health Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 7. Industrial Estates/Subdivisions Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Engineers Office 8. Cemeteries/Memorial Parks Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District, City Health Office 9. Golf Courses Clearances from the Office of the City Planning and Development Coordinator, Department of Environment and Natural Resources, City Water District 10. Reclamation Site Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Engineers Office 11. Private and Landing Strips, Airports and Heliports/pads Clearances from the Office of the City Planning and Development Coordinator, Civil Aeronautics Administration and Philippines Air Force Command in Clark, Pampanga 12. Dumping Sites/Incinerators/ Sanitary Landfills Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Health Office, City Water District

CHAPTER 7 Zoning Ordinance

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COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

13. Mining and Quarrying Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 14. Manufacture of Explosives Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, Philippine National Police Command in Pampanga 15. Nuclear, Radio Active, Chemical and Biological Research Centers Clearances from the Office of the City Planning and Development Coordinator, City Health Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, Philippine National Police Command in Pampanga, City Water District 16. Power Generation Plants/Stations Clearances from the Office of the City Planning and Development Coordinator, City Agriculture, Veterinary, Environmental and Natural Resources Office, National Power Corporation, City Environment and Natural Resources Office, City Health Office 17. Funeral Parlors/Memorial Chapels/Mortuaries Clearances from the Office of the City Planning and Development Coordinator, City Health Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 18. Cockpits Clearances from the Office of the City Planning and Development Coordinator, City Health Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 19. Slaughterhouses Clearances from the Office of the City Planning and Development Coordinator, City Health Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 20. Civic Centers Clearances from the Office of the City Planning and Development Coordinator, City Health Office, City Water District 21. Sewerage Treatment Plants Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Agriculture, Veterinary, Environmental and Natural Resources Office, City Water District 22. Race Tracks, Jai-alai Centers, Lottery Centers, Casinos and all other forms of Gambling Activities Clearances from Office of the City Planning and Development Coordinator, City Health Office, City Water District, City Engineers Office 23. Motels Clearances from the Office of the City Planning and Development Coordinator, City Health Office, City Water District, City Engineers Office 24. Planned Unit Development Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Health Office, City Agriculture, Veterinary, Environment and Natural Resources Office, City Water District 25. New Town Development Clearances from the Office of the City Planning and Development Coordinator, City Engineers Office, City Agriculture, Veterinary, Environment and Natural Resources Office

Article X GENERAL DISTRICT REGULATION Building height must conform to SECTION 1. HEIGHT REGULATIONS the height restrictions and requirements of the Air Transportation Office (ATO) as
CHAPTER 7 Zoning Ordinance 7-29

CITY OF SAN FERNANDO, PAMPANGA


COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE (2007-2011)

well as the requirements of the National Building Code, the Structural Code as well as all laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. SECTION 2. HEIGHT REGULATIONS IN LOW DENSITY RESIDENTIAL ZONE (R-I) In R-I Zone, no building or structure for human occupancy whether public or private shall exceed nine (9) meters in height. SECTION 3. HEIGHT RESIDENTIAL Zone (R-2) REGULATIONS IN MEDIUM DENSITY

In R-2, no building or structure for human occupancy whether public or private shall exceed twelve (12) meters in height. SECTION 4. ALL OTHER ZONE There is no fixed building height limits except those prescribed by the Air Transportation Office (ATO) and other government regulations. Within these zones, building heights shall be based on the prescribed floor area ratio. SECTION 5. EXEMPTIONS FROM HEIGHT REGULATIONS IN R-1 AND R2Exempted from the imposition of height regulations in residential zones are the following: towers, church steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. SECTION 6. AREA REGULATIONS Area regulations in all zones shall conform with the minimum requirement of the existing laws and codes such as: 1. P.D. 957 - The Subdivision and Condominium Buyers Protective Law, and its revised implementing rules and regulations 2. B.P. 220 - Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects and its revised implementing rules and regulations 3. P.D. 1096 - National Building Code 4. Fire Code 5. Sanitation Code 6. Plumbing Code 7. Structural Code 8. Executive Order No. 648 9. Other relevant guidelines promulgated by the national agencies concerned

SECTION 7. ROAD SETBACK REGULATIONS road setback regulations shall be applied:

The

following

CHAPTER 7 Zoning Ordinance

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ROAD SETBACK Zoning Classifications Major Thoroughfares 30m & above Diversion/Railway 10 20 30 20 30 20 10 30 Secondary Roads Tertiary Roads

Residential Commercial Industrial Agricultural Agro-Industrial Institutional Parks and Recreation Forest

Provincial/City 10 20 25 20 25 20 10 25

Municipal/Barangay 3 7 10 7 10 10 3 10

SECTION 8. BUFFER REGULATIONS A buffer of 3 meters shall be provided along entire boundary length between two or more conflicting zones allocating 1.5 meters from each side of the district boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of yard or open space. SECTION 9. SPECIFIC PROVISIONS IN THE NATIONAL BUILDING CODESpecific provisions stipulated in the National building Code (P.D. 1096) relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling or rear lots, access year requirements and dwelling on rear lots, access yard requirements and dwelling groups, which are not in conflict with the provision of the Zoning Ordinance, shall be observed.

Article XI MITIGATING DEVICES SECTION 1. TEMPORARY USE PERMIT When it is impractical to apply the requirements of this ordinance to certain development, the city zoning administration may, on grounds of innovative development techniques, grant a temporary use permit for the purpose subject to the approval of the Sangguniang Panlungsod, provided the following conditions are complied with: 1. That the proposed land area use will not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, and the dominant land use of the zone. 2. That the area subject of application is a consolidated parcel of land at least one (1) hectare. 3. The preliminary development plan must generally set forth any existing or proposed arrangement of lots, street, access points, buffer strips and rail, water,
CHAPTER 7 Zoning Ordinance

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4.

5.

6. 7.

8.

highway or other transportation arrangement and the relationship of the tract of land involved to surrounding properties. That the final development plan must in addition to the above cited requirements describe the noise, smoke odor, vibration, dust, dirt, noxious gases, glare and heat, fire hazards, industrial waste and traffic which may be produced by the development. The final development plan must be submitted to the City Development Council for review and recommendation, and to the Sangguniang Panlungsod prior to the approval of the City Executive. The temporary use permit shall be valid for a maximum of 5 years, subject to the clearance requirements under Article IX of this ordinance. Upon expiration of the temporary use permit, the said permit shall be deemed automatically revoked and renders the owner to cease to operate. Any expense for the transfer/relocation of such project to another site shall be at the account of the owner/operator. Development for the intended use of the zone within a 50-meter radius from the project line is not evident at the time of the application of the proponent or not programmed for the next 5 years, subject to the clearance requirements under Article IX of this ordinance.

Exceptions and variances or deviations from the SECTION 2. DEVIATION provision of the ordinance may be allowed by the city zoning administration only when the following terms and conditions are existing, subject to the clearances requirements under Article IX of this ordinance and approval by the Sangguniang Panlungsod. 1. Variances: a. The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner/s cannot obtain a reasonable return on the property. This condition shall include at least 3 of the following provisions: - Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) and is not self-created. - The proposed variance is the minimum deviation necessary to permit a reasonable use of the property. - The variance will not alter the physical character of the district or zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of other property in same district. - That variance will not weaken the general purpose of the ordinance and will not adversely affect the public health, safety or welfare. - The variance, if granted, will still be in harmony with the spirit of this ordinance. 2. Exceptions: a. The exceptions will not adversely affect the environment, public health, safety and welfare and is keeping with the general pattern of development in the community.

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b. The proposed project shall support economic-based activities, provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community. c. The exception will not adversely affect the appropriate use adjoining property in the same district. d. The exception will not alter the essential delineation of the zone where the exception sought is located and will be in harmony with the general purpose of the ordinance. SECTION 3. PROCEDURE FOR GRANTING EXEMPTIONS AND VARIANCES The procedure for the granting of an exception and/or variance is as follows: 1. A written application for an exception or variance is undertaken citing the section of this ordinance under which the same is sought and stating the ground/s or justifications thereof. 2. Upon filing of the application, a visible project sign, (indicating name and nature of the proposed project) shall be posted at the project site. 3. The city zoning administration shall conduct preliminary studies on the application. 4. A written affidavit of non-objection to the project by the owner of the properties adjacent to the project shall be filed by the applicant at least fifteen (15) days prior to the decision for exception/variance. 5. In case of objection, the city zoning administration shall hold public hearing. 6. At the hearing, any party may appear in person, or be represented by agents. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 7. The local chief executive through the city zoning administration and the city development council shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavits of non-objection and/or the public hearing in case of any objection to the granting of exception/variance. Article XII MISCELLANEOUS PROVISIONS SECTION 1. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) Notwithstanding the issuance of locational clearances, no environmentally critical projects nor 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 a locational clearance, shall be required to secure a development permit pursuant to provisions of PD 957 and its implementing rules and regulations or BP 220 and its implementing rules and regulations and RA 7279 in the case of socialized housing projects in accordance with the procedures laid down in E.O. 71, series of 1993.
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SECTION 3. PERFORMANCE STANDARDS All land development or constructions shall conform to the following standards:

uses,

1. Noise and Vibrations All noise and vibration-producing machinery shall be enclosed and shall be provided with effective noise absorbing materials, noise silencers and mufflers. To minimize vibration, machinery should be mounted on shock-absorbing mountings, such as cork sets 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 (7) minutes in any given thirty (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 Department of Environment and Natural Resources 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 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 which shall pollute the air and render it unclean and that may be destructive, unhealthful or hazardous, or may cause visibility to be impaired, shall not be permitted. In no case whatever shall dust, dirt or fly ash be allowed to exceed the minimum rating set for the Department of Environment and Natural Resources 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 in 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 airtight 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 to mitigate and eliminate foul odors emitted by their enterprises. 5. Glare and Heat Glare and heat from any operation or activity shall not be allowed to be radiated, seen or felt at any point beyond the limits of the property. 6. Industrial Waste Industrial plant wastes shall be disposed of only in a manner which will not create any nuisance or danger to adjoining properties or to the community in general, subject to the prescribed waste management system imposed by the Department of Environment and Natural Resources as concurred by pertinent offices under the local chief executive. 7. Sewerage Disposal No sewerage dangerous to the public health, safety and general welfare shall be discharged into any public sewer system, natural waterway or drainage channel. In addition to the following requirements, all sewerage shall comply with pertinent requirements of the Department of Environment and Natural Resources-Environmental Management Board (DENREMB).
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SECTION 4. ENVIRONMENTAL IMPACT ASSESSMENT/STATEMENT -

Major construction/development/activities may be required by the city zoning administration to submit an Initial Environment Examination (IEE) and/or Environmental Impact Statement (EIS). If so required, the following shall be submitted by the applicant: 1. Detailed description of the proposed development or 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. 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 Department of Environment and Natural Resources shall provide proper anti-pollutive devices and acquire clearances and certificates of anti-pollutive compliance 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 the banks of rivers, creeks and streams, shores of the seas, lakes, all waterways shall be observed: 1. 2. 3. 4. Five (5) meters setback along the banks of waterways in urban areas. Twenty (20) meters easement for the same in all agricultural. Forty (40) meters easement for conservation areas. Forty (40) meters easement for shores of bodies of water.

The above setback/easements shall be subject for public use such as for recreation, navigation, floatage, fishing salvage and 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 (P.D. No. 1096). SECTION 7. SPECIAL PERMITS Special permits shall be required for each of the following uses, subject to the terms and conditions as prescribed below: 1. Dump Sites: a. Adequate fencing must be put to prevent undue scattering of wastes.
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b. Poisoning of rats and spraying of flies shall be the sole responsibility of the applicant. c. The dumpsite must be located in an area that is of reasonable distance from inhabited areas. d. Other sanitary and environmental requirements of the city must be complied with. 2. Cemeteries/Memorial Parks: a. These may be located within the periphery of the city center or in sparsely populated areas and where little hazard to human health and life could result. b. The number of cemeteries and memorial parks to be allowed shall be based on the needs or death rate in the city. c. Proper maintenance shall be the exclusive duty of the applicant. 3. Funeral Parlors: a. The establishment of funeral parlors may be permitted in residential, commercial and institutional zones 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. 4. Telecommunication Stations and Towers 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 and subject to the guidelines of the HLURB, city environmental and natural resources office and the city engineers office. 5. Cockpits: a. These must be located within the parks and recreation zone and at least 200meter radius away from residential, commercial and institutional zones. b. Adequate parking spaces must be provided. c. Sanitary requirements must be complied with. 6. Piggery and Poultry Farms: a. These must be located in agricultural and agro-industrial zones and outside urban and major residential, commercial and institutional areas. b. They must be located at least 25-meter radius away from sources of ground and surface drinking water. c. 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 piggery and poultry farms must be at least 500 meters away from built-up areas. d. Piggery farms must be 500 meters away from major roads/highways and poultry farms must be 200 meters away from major roads/highways. e. The site of medium to large-scale piggery and poultry farms must be at least 1 kilometer away from one another to minimize pollution and health hazards.

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Distance between small-scale piggery and poultry farms must be at least 500 meters away from one another. SECTION 8. CULTIVATION/UTILIZATION OF RIVER BEDS AND SANDBARS No river beds or sandbars shall be subject to cultivation or utilization except upon prior recommendation of the City Environment and the Natural Resources Office and the City Engineers Office, Provided, further, that no permission shall be granted if it obstructs the flow of water, or if it shall increase the flood levels so as to cause damage to other areas. SECTION 9. GENERAL DISTRICT REGULATIONS No building, structure or land shall be used, or occupied, and no building or structure or part of thereof shall here after be erected, constructed, moved or structurally altered except on conformity with the provisions of this ordinance and the National Building Code of the Philippines (P.D. No. 1096) and all the implementing rules and regulations issued thereof. SECTION 10. TRAFFIC GENERATOR All traffic generating buildings and structures allowed in any of the districts must provide parking spaces for their employees, clients and visitors in accordance with the standards set forth by the National Building Code of the Philippines (P.D. 1096). SECTION 11. ADVERTISING AND BUSINESS SIGNS -

Advertising and business signs/ billboards to be displayed or built for public view in any of the districts herein enumerated must comply with the provisions of the National Building Code of the Philippines (P.D. No. 1096) and other existing policies and/or regulations including those that may later be adopted by the city government to provide maximum safety to lives and properties. SECTION 12. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE In any district where more than one structure may be permitted to be erected on a single lot, the requirements of this ordinance shall first be met for each structure as though the same was erected on an individual lot. SECTION 13. ARCADED THOROUGHFARES Except for the existing arcaded national highways in the Central Business District (CBD) and its immediate environs, other city streets in the CBD that should be arcaded shall accordingly be identified by the City Planning and Development Office in the future.

Article XIII ADMINISTRATION AND ENFORCEMENT SECTION 1. LOCATIONAL CLEARANCES All owners/developers shall secure locational clearances 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 (CDC) for review and

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recommendation, respectively, prior to conducting any activity or construction on their property/land. 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 CLEARANCES 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 said 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. Otherwise, the land use classification of the subject property will automatically be reverted back into its original zone classification or whatever existing land use is dominant/prevailing in the immediate environs of the subject area. 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 (1) 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. 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 still be allowed to continue, although such uses do not conform with the provision of this ordinance, provided: 1. That no such non-conforming use shall be enlarged or increased to occupy a greater area of land than that already occupied by such use at the time of the adoption of this ordinance or moved in whole or in part, to any other portion of the lot or parcel of land where such non-conforming use exists at the time of the adoption of this ordinance. 2. That no such non-conforming use which has ceased operation for more than one (1) year be again revived as a non-conforming use. 3. An idle/vacant structure may not be used for a non-conforming activity. 4. That any non-conforming structures under one ownership, which have been damaged may be reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost. 5. That should such non-conforming portion of a structure be destroyed by any means to an extent of more than fifty percent of its replacement cost at the time of
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6. 7. 8.

9.

destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. That no such non-conforming use may be changed to another non-conforming use. That no such non-conforming use may be moved to displace any conforming use. That no such non-conforming structure may be enlarged or altered in any way which increase its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. 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 7. 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 City Mayor, pursuant to the provision of the Local Government Code. SECTION 8. 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 5 years, provided, however, that no elective official shall be appointed. SECTION 9. POWERS AND FUNCTIONS OF THE ZONING ADMINISTRATOR The following are the powers and functions of the Zoning Administrator who shall be in charge of the city zoning administration: 1. Act on all applications by: a. Issuing the corresponding certificate of zoning compliance for projects conforming with the zoning regulations; b. Granting or denying applications for temporary use, recommending variances and exceptions; c. 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; d. Imposing appropriate condition(s) on all permits/clearances/certificates consistent with laws, rules and policies laid down under this ordinance. 2. Monitor on-going existing projects within their respective jurisdictions and issue notices of violations and show cause orders to owners, developers or managers of projects who may have violated 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 Attorneys Office.

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5. Coordinate the proposed amendments to this Zoning Ordinance with the Provincial Land Use Committee. 6. Coordinate relevant issues relative to the implementation of this ordinance with appropriate public and private entities. SECTION 10. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS Said board shall perform the following: 1. Act on the applications of the following: variances, exceptions, non-conforming uses, complaints and oppositions to applications. 2. Act on appeals on grant or denial of locational clearances by the zoning administrator. The decisions of the board shall be appealable to the HLURB. SECTION 11. COMPOSITION OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS The city development council shall create a committee that will act as the board. The same shall be composed of the following: 1. 2. 3. 4. 5. 6. 7. City Mayor as Chairperson City Legal Officer City Assessor City Engineer City Planning and Development Coordinator City Zoning Administrator Two (2) representatives from the private sector nominated by their respective organizations and confirmed by the city mayor 8. Two (2) representatives from non-government organizations nominated by their respective apex organizations and confirmed by the city mayor

To fill vacancies in the board, the Sangguniang Panlungsod can nominate its members to the said board to meet the total number of board members required under this section. Said board shall be attached to the city development council. SECTION 12. INTERIM PROVISION Until such time that the Local Zoning Board of Adjustment and Appeals is constituted, the HLURB shall perform the responsibilities of the said board. As an appellate board, the HLURB shall adopt its own rules of procedure in governing the conduct of appeals arising from the administration and enforcement of this ordinance. SECTION 13. REVIEW OF THE ZONING ORDINANCE The City Development Council shall create a sub-committee, the Local Zoning Review Committee, 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
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2. Introduction of projects of national significance 3. Petitions for re-zoning 4. Other reasons that are appropriate for consideration SECTION 14. COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE The said committee shall be composed of the following: City Planning and Development Coordinator City Health Officer City Agriculture, Veterinary, and Environment and Officer President, Association of Barangay Chairpersons City Engineer City Land Reform Officer District School Supervisor Three (3) private sector representatives to come from the local chamber of commerce, housing industry and home owners association, respectively 9. Two (2) representatives from non-government organizations This committee shall be attached to the city development council. SECTION 15. FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEEThe said committee shall exercise the following functions: 1. Review the Zoning Ordinance for the following purposes: a. Determine amendments or revisions necessary in the ordinance arising from changes in the Comprehensive Land Use Plan b. Determine changes to be introduced in the Comprehensive Land Use Plan c. Identify provisions in the ordinance that are difficult to enforce or that may have to be revised, updated, refined, improved or deleted. 2. Recommend the needed legislative amendments to the plan and the ordinance to the Sangguniang Panlungsod and advise the local planning and development staff of the required changes in the plan and in the ordinance as the result of the reviews that the committee have conducted 3. Provide information to the HLURB that it can use in the exercise of its functions. SECTION 16. ACTIONS ON COMPLAINTS AND OPPOSITIONS 1. 2. 3. 4. 5. 6. 7. 8.

A complaint for violations of any provisions of the Zoning Ordinance or of any clearance 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 provision of this section. SECTION 17. AMENDMENTS TO THE ZONING ORDINANCE -

Changes in the Zoning Ordinance shall be treated as an amendment, provided that


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any amendment to the Zoning Ordinance or provisions thereof shall be subject to review and evaluation of the zoning administrator and shall be carried out through a resolution of three fourths (3/4) vote of the Sangguniang Panlungsod. SECTION 18. PROCESSING FEES All processing fees shall be in accordance with the schedule prescribed under the existing Amended Tax Code of the City of San Fernando (Pampanga) and shall be paid directly to the Office of the City Treasurer. SECTION 19. VIOLATIONS AND PENALTIES Any person who violates any or all of the provisions of this Zoning Ordinance shall, upon conviction, be punished by a fine of not less than P5,000.00 and or by imprisonment of not less than six months (6) months but not more than one (1) year or both at the discretion of the regular court. In case of violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officer thereof. SECTION 20. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES The provisions of this ordinance shall be without prejudice to the application of the existing laws. SECTION 21. BUSINESS PERMITS AND/OR LICENSES As a suppletory provision to the existing Amended Tax Code of the City of San Fernando (Pampanga), no business/mayors permits and/or licenses of any kind shall be granted or issued in favor of any establishment if such establishment is intuited/located in non-conforming areas or areas where such business or establishment is not allowed under the provisions of this Zoning Ordinance. SECTION 22. SEPARABILITY CLAUSE Should any section or provision of this Zoning Ordinance be declared by the Courts to be unconstitutional or invalid, such decision shall not effect the validity of this Zoning Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. SECTION 23. REPEALING CLAUSE All ordinances, rules and regulations in conflict with the provisions of this Zoning Ordinance are hereby repealed, provided that the rights that are vested upon the effectivity of this ordinance shall not be impaired. SECTION 24. EFFECTIVITY CLAUSE. This Zoning Ordinance shall take effect immediately after satisfaction of the required publication in a newspaper publication in the Province of Pampanga and posting of the same in conspicuous places in the City of San Fernando, Pampanga. ADOPTED this 13th day of December 2006

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I hereby certify to the correctness of the foregoing Ordinance adopted by the 2nd Sangguniang Panlungsod of the City of San Fernando, Pampanga during its 118th Regular Session held on December 13, 2006.

JESSE S. QUIWA
Secretary to the Sangguniang Panlungsod

ATTESTED TO BE DULY ADOPTED:

Hon. EDWIN D. SANTIAGO


City Vice-Mayor & Presiding Officer

APPROVED:

Hon. OSCAR S. RODRIGUEZ


City Mayor

_________________ Date

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