PROPOSED ORDINANCE NO. 2019-38 (DOWNLOAD HERE)
(Approved on 1st Reading)

AN ORDINANCE ADOPTING THE ZONING REGULATIONS OF THE CITY OF ZAMBOANGA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH

                                                         SPONSORS:

Hon. Cesar M. Jimenez

Hon. Miguel C. Alavar III                             

Hon. Elbert C. Atilano, Sr.

Hon. John M. Dalipe

Hon. Crisanto B. Dela Cruz

Hon. Al-Jihan R.  Edding

Hon. Juan Climaco P. Elago II

Hon. Vincent Paul A. Elago

Hon. Benjamin B. Guingona IV

Hon. Tungkuh B/. Hanapi

Hon. Lilibeth M. Nuño

Hon. Khymer Adan T. Olaso

Hon. El King K. Omaga

Hon. Jerry E. Perez

Hon. Cary John O. Pioc

Hon. Rogelio L. Valesco, Jr.

Hon. Jimmy B. Villaflores

 

EXPLANATORY NOTE

WHEREAS, the implementation of Comprehensive Land Use Plan would require the enactment of regulatory measures to translate the planning goals and objectives into reality;

WHEREAS, the Local Government Code authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws;

WHEREAS, this Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the approved Comprehensive Land Use Plan;

NOW THEREFORE, the Sangguniang Panlungsod of the City of Zamboanga in session assembled hereby adopts the following Zoning Ordinance.

Be it ordained/enacted by the Sangguniang Panlungsod of the City of Zamboanga:

 

ARTICLE I

TITLE OF THE ORDINANCE

 

Section 1. Title. This Zoning Ordinance shall be known as the Zoning Ordinance of 2019 of the City of Zamboanga and shall be hereby known as the 2019 Zoning Ordinance.

 

ARTICLE II

AUTHORITY AND PURPOSE

 

Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the Local Government Code of 1991, RA 7160 Sections 447, 448, and 458 a.2 (vii-ix), “Authorizing the City through the Sangguniang Panlungsod of Zamboanga to adopt a Zoning Ordinance subject to the provisions of existing laws”, and in accordance with related laws such as but not limited to Commonwealth Act 141, RA 8550 Fisheries Code, PD 705 Forestry Code, PD 1067 Water Code, PD 1096 National Building Code, and Executive Order No. 72.

 

Section 3. Purposes. The Zoning Ordinance of 2019 is enacted for the following purposes:

 

1. Guide, control and regulate future growth and development of Zamboanga City in accordance with its Comprehensive Land Use Plan (CLUP) 2016 to 2025 by directing activities not dependent on critical resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas;

 

2. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the locality specially those advanced in age, women and children, more specifically to protect users of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding;

 

3. Attain food security in rice, corn, grains, meat, poultry and livestock, fish, vegetables and fruit, water and energy supply for the local population as well as expected tourists;

 

4. Protect landscapes, biodiversity, historic and cultural sites, maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species and prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and fish and wildlife habitat conservation areas;

 

5. Sustain production of export crops, such as, seaweeds, coconuts and marine products, among others, for the livelihood and improved welfare of the local population;

 

6. Provide adequate, affordable, safe, and inclusive housing, livable communities with accessible transportation, infrastructures, utilities that reduce care burden and promote work-life balance integration with the support of multi-disciplinary community support services;

 

7. Protect the character and stability of residential, commercial, industrial, institutional, forestry, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same;

 

8. Strengthen linkages with other cities of the Brunei-Indonesia-Malaysia-Philippines East Asia Growth Area, other islands of the country and the rest of the Zamboanga Peninsula;

 

9. Ensure efficiency in resource allocation and delivery of required services despite high density settlement; and

 

10. Avoid conflicts among competing demands for land and physical resource.

 

Section 4. General Zoning Principle. These Zoning Regulations are based on the principles provided for in the approved Comprehensive Land Use Plan as per SP Resolution No. 56 dated January 16, 2018, as follows:

 

1. The Ordinance reflects the City’s vision to be “A Metropolitan City with rich unique history, culture and natural resources that is the gateway to the ASEAN as the economic hub of Southwestern Mindanao, with a robust biodiversity and sustainable development that is globally competitive where investments thrive through good governance, and inclusivity and where people are God-loving, empowered, resilient, safe and secure in unity, peace and harmony.”

 

2. The intent of the zoning districts is to implement the following goals in the following priority:

 

1. Address basic needs and ensure that these will continue to be met for future generations: food, shelter, income generating activities, education, health, and recreation
2. Promote quality of life
   1. Work toward preserving the unique character of the place;
   2. Recognize that effective transportation systems have a direct impact on quality of life and the sense of security;

• Promote pedestrian-oriented facilities; Provide sidewalks, bike paths and trails as non-motorized transportation alternatives and require connecting linkages between existing sidewalks, bike paths and trails;

1. Support a wide variety of recreational opportunities consistent with the natural setting;
2. Recognize the individual and cumulative impacts of individual projects, and address impacts to the immediate area as well as to the community;
3. Acknowledge the importance of cultural heritage;

• Use development standards and design guidelines to enhance and preserve the existing scale and design of developments;
• Ensure that community facilities and utility services are available to support sustainable development that is consistent with the land use plans; and

1. Address gender and social inclusion impediment/barriers to increase the level of access to education, health facilities, housing, social welfare services, protective services, art, culture and services.

1. Attain environmental integrity
   1. Establish and implement measures to preserve unique natural beauty;
   2. Prevent degradation of the environment;

• Use natural resources responsibly;

1. Require that environmental impacts are properly mitigated;
2. Recognize artificial constraints;
3. Preserve environmentally critical areas; and

• Protect groundwater and surface waters

1. Achieve a balanced, compact, sustainable, gender sensitive and resilient community
   1. Preserve and encourage viable and climate resilient neighborhoods;
   2. Preserve the character of historic resources, including buildings and areas;

• Pursue a balanced mix of land uses that provide for a full-service community (single family and multifamily residential, commercial, recreational, industrial, and institutional areas);

1. Encourage development in areas where public services and urban services can be provided efficiently, and limit development where these services are not provided;
2. Recognize mixed uses are appropriate in certain areas for more compact development;
3. Coordinate land use patterns with pedestrian, bicycle and vehicular linkages;

• Balance environmental concerns with development without allowing development pressures to override environmental concerns or to result in irreversible damage to the environment; and
• Assure that the use of lands adjacent to mineral resource lands does not interfere with the continued use, in the accustomed manner and in accordance with best environmental management practices.

1. Promote safety and security and support gender and inclusive friendly public spaces that promote safe and walkable communities to allow all people regardless of sexual orientation, gender identities, religious affiliation, ethnicities, age, etc. to feel safe and welcome.

 

3. The local government unit recognizes that any land use is a use by right but provides however that the exercise of such right shall be subject to the review standards of this Ordinance and other related laws;

 

4. The Ordinance gives the free market the maximum opportunity to spur the City’s development within a framework of environmental integrity, social responsibility, and sustainable development;

 

5. The Ordinance has been designed to encourage the evolution of high-quality and climate resilient developments, more than just regulating against the worst type of projects;

 

6. The Ordinance has been crafted in a manner that is fully responsive to the ever-changing conditions that the City continually face;

 

7. The Ordinance functions as a tool for informed decision-making on the part of land use administrators by way of providing specific criteria to judge the acceptability of developments;

 

8. The Ordinance provides a direct venue for community empowerment where the stakeholders become involved especially in critical development decisions; and

 

9. The regulations in the Zoning Ordinance are considered as land use management tools that are necessary to provide a clear guidance to land development adhering to the principle of maximum and best uses while ensuring the community’s common good.

 

ARTICLE III

DEFINITION OF TERMS

 

SECTION 5. Definitions. The definitions of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the Accessibility Law (PD 344), Agricultural and Fisheries Modernization Act (RA 8435), Agricultural Land Use Conversion (AO 20), Clean Air Act (RA 7849), Clean Water Act (RA 9275), Climate Change Act  (RA 9729), Forestry Code (PD 705), Hazardous and Toxic Wastes Act (RA 6969), Mineral Resources Exploration, Development, Utilization, and Conservation (RA 7942), National Cultural and Heritage Act (RA 10066),  Land Conversion in Regional, Agri-industrial Centers, Regional Industrial Centers, Tourism Development Areas (RA 9593) and Sites for Socialized Housing (EO 124 series of 1993), Local Government Code (RA 7160), National Building Code (RA 6541), National Integrated Protected Areas System Act (RA 7586), The Philippine Fisheries Code of 1998 (RA8550), Philippine Disaster Risk Reduction and Management Act (RA 10121), Philippine Environmental Code (PD 1586),  Solid Waste Management Act (RA 9003), Tree Planting (Presidential Proclamation No. 396, June 2, 2003) and Urban Development and Housing Act (RA 7279), Water Code (PD 1067), The Wildlife Resources Conservation and Protection Act, (RA 8371,1997) and their respective Implementing Rules and Regulations, promulgated by the Housing and Land Use Regulatory Board. The words, terms and phrases enumerated hereunder shall be understood to have the meaning corresponding indicated as follows:

 

1. Absolute Majority Vote –means that the “in favor” votes represent more than 50 percent of the valid votes. This is also called the 50% + 1 vote.

 

2. Accessory Use–pertains to those that are customarily associated with the Principal Use application (such as a garage is accessory to a house) and located on the same lot of the primary use.

 

3. Actual Use –refers to the purpose for which the property is principally or predominantly utilized by the person in possession of the property.

 

4. Adaptation – refers to the adjustment in natural or human systems in response to actual or expected climatic stimuli or their effects, which moderates harm or exploits beneficial opportunities.

 

5. Adaptive Reuse –utilization of buildings, other built-structures, and sites of value for purposes other than that for which they were originally intended, in order to conserve the site, its engineering integrity and authenticity of design.

 

6. Addition, Alteration, Repair–changes in an existing building involving interior or exterior work and/or increases or decreases in its area.

 

7. Agricultural Activity– per the Comprehensive Agrarian Reform Law of 1988 (RA 6657), means the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural or juridical.

 

8. Agricultural Land – per RA 6657, refers to land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land.

 

9. Agricultural Land Use Conversion – per RA 6657, refers to the process of changing the use of agricultural land to non-agricultural uses.

 

10. Agricultural Zone (AGZ) – an area within the city intended for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations

 

11. Agri-Industrial Zone (AgIndZ) – an area within the city intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc.

 

12. Agri-Processing Activities – refers to the processing of raw agricultural and fishery products into semi-processed or finished products which include materials for the manufacture of food and/or non-food products, pharmaceuticals and other industrial products. (AFMA)

 

13. Agri-Tourism Overlay Zone (AGT-OZ) – an area within the city for agribusiness and tourism operations for the purpose of enjoyment, education, and active involvement in farming operations usually by visitors and tourists.

 

14. Agro-Forestry –land management which combines agricultural crops with tree crops and forest plants and/or animals simultaneously or sequentially and applies management practices which are compatible with the cultural patterns of the local population.

 

15. Airport Environs Overlay Zone – areas within the vicinity of airports sensitive to noise and vulnerable to hazards.

 

16. Allowable Uses – uses that conform to those allowed in a specific zone.

 

17. Ancestral Domains– per the Indigenous Peoples Rights Act of 1997 (RA 8371), these refer to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs.

 

18. Ancestral Land – refers to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs (IPRA).

 

19. Ancestral Domain Overlay Zone (AD-OZ) – an area in the city intended for the preservation of the traditional way of life of indigenous people.

 

20. Apartment – a room or suite of two or more rooms, designed and intended for, or occupied by one family for living, sleeping, and cooking purposes.

 

21. Aquifer – an underground water supply, found in porous rock, sand, gravel or other permeable materials.

 

22. Backyard – the part of the lot the rear of the structure constructed therein.

 

23. Backyard livestock and fowl – means that native cows, pigs and chickens are raised in backyard farms in rural areas using free-range practices where feed consists of mainly crops residues and grain spillage along with rice and corn brokens. This involve 1 sow or 10 heads or less and a maximum of 500 fowls in rural areas only.

 

24. Base Flood Elevation –the elevation to which floodwater is expected to reach during flood events as calculated by the regional office of the DPWH.

 

25. Base Zones – refers to the primary zoning classification of areas within the City and that are provided with a list of allowable uses and regulations on building density and bulk, among others.

 

26. Boarding House– a house with five or more sleeping rooms where boarders are provided with lodging and meals for a fixed sum paid by the week or month.

 

27. Buffer/Greenbelt Zone (B/GZ) –an area within a city that are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/ nuisance and for identifying and defining development areas or zones where no permanent structures are allowed.

 

28. Buildable Area – the remaining space in a lot after deducting the required minimum open spaces or environmentally hazardous areas.

 

29. Building, Commercial – a building built for transacting business or for rendering professional services such as store, office, warehouses, parking buildings, etc.

 

30. Building, Industrial – a building used for processing, assembling, fabricating, finishing, manufacturing or packaging operations, such as a factory or a plant.

 

31. Building, Institutional – a building that utilized security measures not usually found in other buildings, and in the case of medical and research buildings, require containment measures which are stricter than those in commercial or residential spaces, such as hospitals, schools, laboratories, government and civic buildings pose a unique set of challenges when it comes to restoration.

 

32. Building, Residential –a building which is used as an apartment, house and/or dwelling unit for mainly for residential purposes except motels, motel rooms, hotels, hotel rooms, boarding houses, dormitories, rooms, and bed spaces for rent.

 

33. Building Height Limit (BHL) –per the National Building Code (NBC), this is “the maximum height to be allowed for buildings/ structures…and shall be generally measured from the established grade line to the topmost portion of the proposed building/structure. If applicable, the BHL may be subject to clearance requirements of the Civil Aviation Authority of the Philippines (CAAP) or the concerned military/security authorities.” BHL is expressed as the number of allowable storey/floor above established grade and/ or meters above highest grade.

 

34. Built-up Area – a contiguous grouping of ten (10) or more structures.

 

35. Cemetery/Memorial Park Zone (CEM) –an area in a city intended for the interment of the dead.

 

36. Central Business District (CBD) – shall refer to an area designated principally for trade, services and business purposes.

 

37. Certificate of Ancestral Domain Title (CAD/T) –a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains that have been identified and delineated in accordance with Indigenous Peoples Rights Act (RA 8371)

 

38. Certificate of Ancestral Lands Title (CAL/T) –refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands (RA 8371)

 

39. Certificate of Non-Conformance – certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance.

 

40. City Zoning Board of Adjustment and Appeals (CZBAA) – shall be responsible for the review and approval of applications and appeals, which includes but are not limited to variances, exceptions, non-conforming uses, complaints and opposition to applications, special use permits, and others.

 

41. Class “AAA” Slaughterhouse/Abattoir – those with facilities and operational procedures appropriate to slaughter livestock and fowl for sale in any market, domestic or international.

 

42. Class “AA” Slaughterhouse/Abattoir –those with facilities and operational procedures sufficiently adequate that the livestock and fowls slaughtered therein is suitable for sale in any market within the country.

 

43. Class “A” Slaughterhouse/Abattoir –those with facilities and procedures of minimum adequacy that the livestock and the fowls slaughtered therein are suitable for distribution and sale only within the city where the slaughterhouse is located.

 

44. Climate Change – refers to a change in climate that can be identified by changes in the mean and/or variability of its properties and that persists for an extended period typically decades or longer, whether due to natural variability or as a result of human activity.

 

45. Commercial-1 Zone (C1-Z) –a low density commercial area within a city intended for neighborhood or community scale trade, service and business activities.

 

46. Commercial-2 Zone (C2-Z) –a medium density commercial area within a city intended for trade, service and business activities performing complementary/supplementary functions to the CBD.

 

47. Commercial-3 Zone (C3-Z) – a high density commercial area within the city intended for regional shopping centers such as large malls and other commercial activities which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation. High rise hotels, sports stadium or sports complexes are also allowable in this zone.

 

48. Commercial Fishing – fishing for commercial purposes in waters more than seven fathoms deep with the use of fishing boats more than three gross tons.

 

49. Commercial Garage –a garage where automobiles and other motor vehicles are housed, cared for, equipped, repaired or kept for remuneration, for hire or sale.

 

50. Compatible Use – different uses or land activities capable of existing together harmoniously within a zone and subject to conditions stipulated in the Zoning Ordinance. Examples of which are enumerated as follows:
    1. residential use and agricultural use
    2. residential use and parks and recreation
    3. residential use and commercial use
    4. commercial use and parks and recreation
    5. commercial use and buffer zones
    6. institutional use and parks and recreation
    7. institutional use and residential use
    8. institutional use and commercial use
    9. industrial use and buffer zones

 

51. Comprehensive Land Use Plan (CLUP) – is a technical document embodying specific proposals and strategies for guiding, regulating growth and/or development that is implemented through the Zoning Ordinance. The main components of the CLUP in this usage are the land use plan and sectoral studies including Demography, Ecosystems Analysis (Terrestrial and Coastal), and Special Area Studies such as Climate Change Adaptation, Disaster Risk Reduction and Management, Ancestral Domain, Biodiversity, Heritage Conservation, Green Urbanism, and Gender Equality and Social Inclusion.

 

52. Comprehensive Development Master Plan (CDMP) –a unitary development plan/site plan that permits flexibility in planning/urban design, building/structure siting, complementary of building types and land uses, usable open spaces for general public uses services and business activities and the preservation of significant land features (NBC) and may also be referred to as a Master Development Plan.

 

53. Conflicting Uses – uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants.

 

54. Conforming Use – a use which is in accordance with the zone regulations as provided for in the Ordinance.

 

55. Critical Habitat Overlay Zone (CH-OZ) –an area in a city determined to be essential to the conservation of a listed species, though the area need not actually be occupied by the species at the time it is designated.

 

56. Deed of Restrictions –written agreements that imposes limitations on the use of property in order to maintain the intended character of a neighborhood.

 

57. Disaster –a serious disruption of the functioning of a community or a society involving widespread human, material, economic or environmental losses and impacts, which exceeds the ability of the affected community or society to cope using its own resources. Disasters are often described as a result of the combination of: the exposure to a hazard; the conditions of vulnerability that are present; and insufficient capacity or measures to reduce or cope with the potential negative consequences. Disaster impacts may include loss of life, injury, disease and other negative effects on human, physical, mental and social well-being, together with damage to property, destruction of assets, loss of services, social and economic disruption and environmental degradation.

 

58. Disaster Risk Reduction – refers to the concept and practice of reducing disaster risks through systematic efforts to analyze and manage the causal factors of disasters, including through reduced exposure to hazards, lessened vulnerability of people and property, wise management of land and environment, and improved preparedness for adverse events.

 

59. Dominant Land Use – the land use that accounts for at least 70% of the area within 1,000-meter radius from the periphery of the lot being applied for.

 

60. Easement – open space imposed on any land use/activity sited along waterway, faultline, roadright-of-way (RROW), cemetery, memorial park, utilities and the like.

 

61. Ecotourism –a form of sustainable tourism within a natural and cultural heritage area where community participation, protection and management of natural resources, culture and indigenous knowledge and practices, environmental education and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities and the satisfaction of visitors.” (Tourism Act and DENR AO2013-19 Guidelines on Ecotourism Planning and Management in Protected Areas)

 

62. Ecotourism Overlay Zone (ETM-OZ) –an area in a city intended for ecotourism uses.

 

63. Ecozones or “Special Economic Zones” (SEZ) – shall refer to selected areas or buildings with highly developed or which have the potential to be developed into agri-industrial, industrial, tourist, recreational, commercial, banking, investment and financial centers whose metes and bounds are fixed or delimited by Presidential Proclamations. An Ecozone may contain any or all of the following: industrial estates (IEs), export processing zones (EPZ), free trade zones and tourist/recreational centers.

 

64. Environmentally Constrained Areas –areas prone to natural hazards, such as those related to weather, hydrologic, and geologic disturbances. These hazards cover those that are weather and water-related, earthquake-induced, volcanic and erosion-related.

 

65. Environmentally Critical Areas (ECA) – refer to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated 14 December 1981, as follows:
    1. All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;
    2. Areas set aside as aesthetic potential tourist spots;
    3. Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna);
    4. Areas of unique historic, archaeological, or scientific interests;
    5. Areas which are traditionally occupied by cultural communities or tribes;
    6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.);
    7. Areas with critical slopes;
    8. Areas classified as prime agricultural lands;
    9. Recharge areas of aquifers;
    10. Water bodies characterized by one or any combination of the following conditions:
        1. tapped for domestic purposes;
        2. within the controlled and/or protected areas declared by appropriate authorities; and

• which support wildlife and fishery activities.

1. Mangrove areas characterized by one or any combination of the following conditions:
   1. with primary pristine and dense young growth;
   2. adjoining the mouth of major river systems;

• near or adjacent to traditional productive fry or fishing grounds;

1. which act as natural buffers against shore erosion, strong winds and storm floods; and
2. which people are dependent on their livelihood.

1. Coral reef characterized by one or any combination of the following conditions:
   1. with 50% and above live coralline cover;
   2. spawning and nursery grounds of fish; and

• which acts as natural breakwater of coastlines.

 

Proponents of Projects within ECAs are required to submit Initial Environmental Examinations to DENR Regional Offices. They may later be required by the DENR to submit an EIS, if necessary.

 

66. Environmentally Critical Projects (ECP) – refer to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated 14 December 1981, as follows:
    1. Heavy industries
       1. non-ferrous metal industries;
       2. iron and steel mills;

• petroleum and petro-chemical industries including oil and gas; and

1. smelting plants.

1. Resource extractive industries
   1. major quarrying projects;
   2. forestry projects such as logging, major wood processing, introduction of fauna (exotic animals) in public/private forests, forest occupancy, extraction of mangroves and grazing; and

• fishery projects (dikes for/and fishpond development projects).

1. Infrastructure projects
   1. major dams;
   2. major power plants (fossil-fuelled, nuclear-fuelled, hydroelectric or geothermal);

• major reclamation projects; and

1. major roads and bridges.

1. Golf course projects

 

Proponents of ECPs are required to submit an EIS to the Environmental Management Bureau (EMB) of the DENR.

 

67. Environmental Impact Statement (EIS) System –pursuant to PD 1586 of 1978, refers to the entire process of organization, administration and procedure institutionalized for the purpose of assessing the significance of the effects of physical developments on the quality of the environment. Projects that fall within the purview of the EIS System include:
    1. Environmentally Critical Projects
    2. Projects located in Environmentally Critical Areas

 

68. Established Grade –the finish ground level of a proposed development which shall be determined according to the provisions of the latest edition of the National Building Code.

 

69. Estuary –a partially enclosed body of water along the coast where freshwater from rivers and streams meets and mixes with salt water from the ocean.

 

70. Exception –a device that explicitly allows or disallows certain uses as a deviation from the general list allowed or disallowed uses.

 

71. Faultline Overlay Zone (FLT-OZ) –an area in a city defined by five (5)-meter wide strips on both sides of and running along identified earthquake faults. The objective of this overlay zone is to minimize the possible harmful effects of fault movements to properties.

 

72. Fish Pond – a land-based facility enclosed with earthen or stone material to impound water for growing fish. (Fisheries Code).

 

73. Flood Overlay Zone (FLD-OZ) – an area within the city that has been identified as prone to flooding hazards and where specific regulations are provided in order to minimize its potential negative effect to developments.

 

74. Flood Protection Elevation –the minimum elevation to which developments are required by this Ordinance to be elevated, with reference to the Base Flood Elevation, in order to be flood proofed.

 

75. Floor Area Ratio (FAR) –is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. The gross floor area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.

 

76. Foreshore Land – is a part of the shore, which is alternately covered and uncovered by the ebb and floor of the tide.

 

77. Foreshore Land Sub-Zone (FL-SZ) – an area within the Municipal Waters Zone of a city/municipality defined as a “string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp of berm” (Fisheries Code).

 

78. Forest –refers to either natural vegetation or plantation of crops mainly of trees, or both, occupying a definable, uninterrupted or contiguous area exceeding but not less than one hectare with tree crown covering at least ten percent (10%) of the areas, exclusive of the associated seedlings, saplings, palms, bamboos and other undercover vegetation. A natural forest is a stand dominated by trees whose structure, functions and dynamics have been largely the result of natural succession process. A natural forest is classified as either 1) primary or virgin forest which has not ever been subjected to significant human disturbance, or has not been significantly affected by the gathering of forest products such that its natural structure, functions and dynamics have not undergone any major ecological change; or 2) secondary or residual forest that maybe classified into either degraded or productive type (DENR DAO No. 99-53).

 

79. Forest Buffer Sub-Zone (FB-SZ) –an area within the Forest Zone of a city which are “outside the boundaries and immediately adjacent to designated protected areas that need special development control in order to prevent or minimize harm to the protected area (NIPAS Act).”

 

80. Forest Lands –“include the public forest, permanent forest or forest reserves, and forest reservations” PD 1559. Further Amending PD 705, otherwise known as the Revised Forestry Code of the Philippines (1978).

 

81. Forest Land Use –the manner of utilization of forest lands, including their allocation, development and management. The primary land uses of forestlands are protection and production. Production forest lands are sub-classified, according to their uses, into the following categories: timber production, agriculture, agroforestry, mineral production, grazing, residential, resettlement, and other uses (industrial, commercial, fish farm, fishponds).

 

82. Forest Zone (FZ) –an area within a city which are intended primarily for forest purposes. This includes Forest Lands and areas outside of Forest Lands that are declared for forest purposes by this Ordinance.

 

83. Garage – shall mean a surface lot for the repair and/or maintenance of vehicles; temporary garage; and service checks for vehicles.

 

84. Garage, Commercial – a garage where automobiles and other vehicles are housed, cared for, equipped, repaired or kept for remuneration, hire or sale, other than services permitted at filling station. This includes all auto repair shops.

 

85. Gasoline Service/Filling Station – any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of vehicles and which include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or other cleaning or servicing such motor vehicles.

 

86. General Commercial Zone (GC-Z) –an area within a city intended for trading/services/ business purposes.

 

87. General Institutional Zone (GIZ) – an area within the city intended principally for general types of institutional establishments e.g. government offices, schools, hospital/clinics, academic/research, and convention centers.

 

88. General Residential Zone (GR-Z) –an area within a city intended principally for dwelling/housing purposes.

 

89. General Zoning Map – duly authenticated map delineating the different zones in which the whole city is divided.

 

90. Growth Centers – small town or villages which have the potential of becoming nuclei for the future economic, social and political development of the surrounding area; central places that perform functions or offer services patronized by a wide ranging clientele that extend beyond their immediate environs.

 

91. Gross Floor Area (GFA) – the GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by:
92. Office Areas;
93. Residential Areas;
94. Corridors;
95. Lobbies;
96. Mezzanine;
97. Vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls;
98. Restrooms or toilets;
99. Machine rooms and closets;
100. Storage rooms and closets;
101. Covered balconies and terraces;
102. Interior walls and columns, and other interior features;

 

But Excluding:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   

1. Covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present;
2. Uncovered areas for air conditioners (AC) cooling towers, overhead water tanks, roof decks laundry and areas and cages wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.

 

92. Heritage Overlay Zone (HTG-OZ) –an area in a city that refers “to historical, anthropological, archaeological, artistic geographic areas and settings that are culturally significant to the country, as declared by the National Museum and/ or the National Historic Institute.”(Heritage Act)

 

93. Historical Center –(1) historic zone, district, core, precinct, town, legacy zone, heritage area, zone or town; (2) a designated area with historical and other special significance, consisting of buildings or group of buildings and their environs that collectively contribute to the area’s importance and character; (3) a place where a significant event in history occurred; and (4) any town, district, or ancient settlement site with specific history and/or cultural significance. Historic centers are sometimes called living museums, outdoor museums, or museum preserves. Whether inhabited or un-inhabited, historic centers are preservation areas. (Heritage Act)

 

94. Industrial Estate (IE) – refers to a tract of land subdivided and developed according to a comprehensive plan under a unified continuous management and with provisions for basic infrastructure and utilities, with or without pre-built standard factory buildings and community facilities for the use of the community of industries.

 

95. Industries, Hazardous – these industries are fire and health hazards, i.e., their wastes have large amounts of combustible and toxic materials.

 

96. Industries, Non-hazardous – industries that discharge negligible amounts of combustible and toxic wastes.

 

97. Industries, Non-pollutive – industries that emit little or negligible amounts of air, water and solid pollutants.

 

98. Industries, Pollutive – these industries emit large amount of air, water and solid pollutants.

 

99. Industrial-1 Zone (I1-Z) – an area within the city intended for light manufacturing or production industries that are:
100. non-pollutive/non-hazardous; and
101. non-pollutive/hazardous

 

100. Industrial-2 Zone (I2-Z) –an area within city intended for medium intensity manufacturing or production industries that area:
101. non-pollutive/non-hazardous; and
102. non-pollutive/hazardous

 

101. Industrial-3 Zone (I3-Z) –an area within the city intended for heavy manufacturing or production industries that are:
102. highly pollutive/non-hazardous;
103. highly pollutive/hazardous
104. highly pollutive/extremely hazardous
105. pollutive/extremely hazardous
106. non-pollutive/extremely hazardous

 

102. Industrial Forest Plantation Sub-Zone (IFP-SZ) –an area within the Forest Zone of a city that “refers to any tract of land planted mainly to timber producing tree species, including rubber, and/or non-timber species such as rattan and bamboo, primarily to supply the raw material requirements of forest based industries, among others” (DENR DAO No. 99-53).

 

103. Innovative Design – Introduction and/or application of new/creative designs and techniques in development projects e.g. planned unit development, new town, etc.

 

104. Key Biodiversity Area Overlay Zone (KBA-OZ) – an area in a city which are determined to be “globally significant sites for biodiversity conservation” (DENR, Conservation International Philippines & Haribon Foundation for the Conservation of Nature).

 

105. Land Use –a manner by which land is occupied or utilized.

 

106. Landslide Overlay Zone (LSD-OZ) –an area in the city that have been identified as highly susceptible to landslides and where specific regulations are provided in order to minimize its potential negative effect to developments.

 

107. Less Restrictive Zone – a zone which allows more variety or degrees of uses, e.g. higher allowable density, higher risk facilities.

 

108. Locational Clearance (LC) – a clearance issued by the Zoning Administrator to a project that is allowed and permitted under the provisions of this Zoning Ordinance as well as other standards, rules, and regulations on land use.

 

109. Mangrove Sub-Zone (Mn-SZ) – an area in the Municipal Waters Zone of a city defined as a “community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts, swamps, or border of swamps” (Fisheries Code).

 

110. Mariculture– a specialized branch of aquaculture involving the cultivation of marine organisms for food and other products in the open ocean, an enclosed section of the ocean, or in tanks, ponds or raceways which are filled with seawater.

 

111. Materials Recovery and Recycling Facility –is a specialized plant that receives, separates and prepares recyclable materials for marketing to end users, manufacturers. The MRF may be clean, when the solid waste is already separated at source, for example, mixed container stream (such as glass, metal aluminum and other non-ferrous materials, plastics) and a mixed paper stream (including OCC, ONP, OMG, office packs.) Materials are then sorted to specifications, baled, shredded, crushed, compacted an d shipped to market;  a dirty MRF accepts mixed solid wastes then proceeds to separate out designated recyclable materials through a combination of manual and mechanical sorting.  A wet MRF combines a dirty MRF with water which acts to separate and clean output streams.  It hydrocruses and dissolves biodegradable organics to make them suitable for anaerobic digestion.

 

112. Mitigating Device –a means to grant relief in complying with certain provisions of the Ordinance such as, but not limited to, those pertaining to use, building bulk and density, and performance standards.

 

113. Mixed-Use Development – development characterized by two or more significant revenue-producing uses such as retail, office, residential, hotel/motel, entertainment/cultural/ recreation that in well-planned projects are mutually supporting and compatible.

 

114. Motel – a hotel for motorists; a group of furnished rooms near or along a highway that offers accommodations and room services such as meals for highway travelers for short time periods.

 

115. Municipal Waters Zone (WZ) – per Republic Act No. 8550 or the Philippines Fisheries Code of 1998, this zone covers the Municipal Waters which “include not only streams, lakes, inland bodies of water and tidal waters within the city which are not included within the protected areas as defined under Republic Act No. 7586 (NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters (boundary delineation defined in the Fisheries Code).”

 

116. Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD) – per AFMA, refers to agricultural areas identified by the Department of Agriculture in coordination with the National Mapping and Resource Information Authority in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth. The NPAAAD covers the following:
     1. All irrigated areas;
     2. All irrigable lands already covered by irrigation projects with firm funding commitments;
     3. All alluvial plain land highly suitable for agriculture whether irrigated or not;
     4. Agro-industrial croplands or lands presently planted to industrial crops that support the viability of existing agricultural infrastructure and agro-based enterprises;
     5. Highlands or areas located at an elevation of 500 meters or above and have the potential for growing semi-temperate and high-value crops;
     6. All agricultural lands that are ecologically fragile, the conversion of which will result in serious environmental degradation; and
     7. Mangrove areas and fish sanctuaries.

 

117. NIPAS Act – shall refer to the National Integrated Protected Areas System Act of 1992 or RA 7586.

 

118. NIPAS: Strict Protection Sub-Zone (NSP-SZ) – an area within the Forest Zone of a city that have “…high bio-diversity value which shall be closed to all human activity except for scientific studies and/ or ceremonial or religious use by indigenous communities.” (NIPAS Act)

 

119. Non-Conforming Use –uses existing prior to the approval of this Zoning Ordinance that are not in conformity with its provisions but are allowed to operate subject to the conditions of this Zoning Ordinance.

 

120. Non-NIPAS Areas – areas yet un-proclaimed by law, presidential decree, presidential proclamation or executive order as part of the NIPAS Areas. Per the National Physical Framework Plan, these areas should be given equal importance, as in NIPAS Areas, in terms of conservation and protection. These include:
     1. Reserved second growth forests;
     2. Mangroves;
     3. Buffer strips;
     4. Freshwater swamps and marshes; and
     5. Un-proclaimed watersheds.

 

121. Notice of Non-Conformance – notice issued to owners of all uses existing prior to the approval of the Ordinance which do not conform to the provisions herein provided.

 

122. Official Zoning Map – a duly authenticated map delineating the different zones into which the whole City of Zamboanga is divided.

 

123. Open Space (OS) –as used in this Ordinance, an area where permanent buildings shall not be allowed and which may only be used as forest, buffer/greenbelts, parks and playgrounds.

 

124. Overlay Zones (OZ) – a “transparent zone” that is overlain on top of the Basic Zone or another Overlay Zone that provides an additional set (or layer) of regulations.

 

125. Parking, Building – a building of several floors used for temporary parking of private vehicles on various floors.

 

126. Parks and Recreation Zone (PR-Z) – areas designed for diversion/amusements and for the maintenance of ecological balance of the community.

 

127. Percentage of Land Occupancy – the percentage of land occupied by buildings or physical infrastructure exclusive of court yards, and light wells.

 

128. Piggery Farm – shall refer to any parcel of land devoted to the raising or breeding, depasturing, feeding or watering of pigs/swine, generally under the management of a tenant or owner.

 

129. Piggery (backyard) – involving one sow and 10 heads or less and allowed in rural areas only.

 

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

 

131. Poultry Farm – shall refer to any parcel of land devoted to the raising of domesticated fowls which serve as sources of eggs and meat for human consumption as well as breeding of gamecocks. It includes any species of fowl such as chickens, ducks, geese, quails, pigeons, turkey, ostrich, guinea fowl and gamecocks.

 

132. Poultry (backyard) – involving a maximum of 500 fowls and allowed in rural areas only.

 

133. Production Agricultural Sub-Zone (PDA-SZ) – an area within the Agricultural Zone of cities/municipalities that are outside of NPAAAD and declared by the City of Zamboanga for agricultural use.

 

134. Production Forest – an area within the city which are “forestlands tended primarily for the production of timber. These are areas below 50% in slope and less than 1,000 meters in elevation. This includes natural and man-made forests.”(DENR DAO 95- 15)

 

Forest lands available for timber and agro-forestry production, range lands for grazing and other forest lands special uses. (FM Technical Bulletin No.5 as cited in ITTD PD 222/03 Rev.1)

 

135. Protected Areas – areas declared as belonging to the NIPAS System per NIPAS Act. These areas are those that have been designated or set aside pursuant to a law, presidential decree, presidential proclamation or executive order. These include:
     1. Strict nature reserves;
     2. Natural parks;
     3. National monuments;
     4. Wildlife sanctuary;
     5. Protected landscapes and seascapes;
     6. Resource reserves;
     7. Natural biotic areas; and
     8. Other categories established by law, conventions or international agreements which the Philippine Government is a signatory.

 

136. Protected Area Management Board (PAMB) – per the NIPAS Act’s IRR, a board established for NIPAS areas that shall, among others:
     1. Decide matters relating to planning, resource protection and general administration of the area in accordance with the General Management Planning Strategy (GMPS);
     2. Approve proposals, work plans, action plans, guidelines, for management of the protected area in accordance with the approved Management Plan;
     3. Delineate and demarcate protected area boundaries, buffer zones, ancestral domains;
     4. Promulgate rules and regulations to promote development programs and projects on biodiversity conservation and sustainable development; and
     5. Control and regulate the construction, operation, and maintenance of roads, trails, water works, sewerage, fire protection and sanitation systems and other utilities within the protected area.

 

137. Protected Area Management Plan (PAMP) – a document required for NIPAS areas that “shall, as a minimum, promote the adoption and implementation of innovative management techniques including if necessary, the concept of zoning, buffer zone management for multiple use and protection, habitat conservation and rehabilitation, site-specific policy development, pest management, and fire control.” (NIPAS Act)

 

138. Protection Agricultural Sub-Zone (PTA-SZ) – an area within the Agricultural Zone of the city that includes the NPAAAD which are “agricultural areas identified by the Department (Agriculture) through the Bureau of Soils and Water Management (BSWM) in coordination with the National Mapping and Resource Information Authority (NAMRIA) in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth.”

 

139. Protection Forest – an area within the city that are “forestlands outside NIPAS obtained essentially for their beneficial influence on soil and water in particular and the environment in general” (DENR DAO 95-15).

 

140. Reclassification of Agricultural Lands – “the act of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, industrial, and commercial as embodied in the CLUP” (LGC and MC 54).

 

141. Resettlement Area – refer to an area identified by the appropriate national agency or by the LGUs with respect to areas within its jurisdiction that shall be used for the relocation of the underprivileged and homeless, as defined under RA 7279 or the Urban Development and Housing Act (UDHA)

 

142. Residential-1 Zone (R1-Z) – an area within the city intended for low density residential use. Per the National Building Code, R-1 Zone is characterized mainly by low-rise single-detached and duplex residential buildings for exclusive use as single (nuclear) family dwellings.

 

143. Residential-2 Zone (R2-Z) – an area within the city intended for medium density residential use of 21 to 65 dwelling units per hectare. Per the National Building Code, R-2 Zone is characterized mainly by low-rise single-attached, duplex or multi-level structures residential buildings for exclusive use as multi-family dwellings or combined with another compatible land use.

 

144. Residential-3 Zone (R3-Z) – an area within the city intended for medium to high density residential use. Per the National Building Code, R-3 Zone is characterized mainly by low-rise or medium-rise residential buildings for exclusive use as multi-family dwellings with mixed housing types.

 

145. Rezoning – a process of introducing amendments to or a change in the text and maps of the Zoning Ordinance. It also includes amendment or change in view of reclassification under Section 20 or RA 7160.

 

146. Right-of-Way (ROW) – land secured and reserved to the public for highway purposes and also includes carriageway, pedestrian walkway, landscape areas, and utilities.

 

147. Road Right-of-Way (RROW) – means a public open space for the continuous flow of pedestrian and vehicular traffic, including the air space above such RROW that must be free of all forms of prohibited physical obstructions.

 

148. Rural Area – area outside of a designated urban area.

 

149. Scenic Corridor Overlay Zone (SCD-OZ) – an area in the city that have high scenic vistas and where specific regulations are provided in order to ensure that these vistas are preserved for the enjoyment of the general public.

 

150. Setback –the distance between the government property line of the road right-of-way or water easements to the building line of a building or structure, inclusive of driveways but exclusive of parking areas.

 

151. Socialized Housing – refers to housing programs and projects covering houses and lots or home lots only undertaken by the Government or the private sector for the underprivileged and homeless citizens (UDHA).

 

152. Special Use –a major land use or structure which on account of its impact on the locality necessitates a special evaluation of its appropriateness to locate in a particular site. Examples of special uses are cemeteries, schools, sanitary landfills, communication towers, hospitals, radio stations, airfields, nuclear plants, cockpits, leprosarium, ports, land transport terminals, container yards and similar uses.

 

153. Spot Zoning – the rezoning of a parcel of land to a use classification different from that of its surrounding area, which can be an arbitrary exercise of local authority, and is detrimental to the adjacent property and does not conform to the existing comprehensive plan.

 

154. Strategic Agriculture and Fisheries Development Zone (SAFDZ) – refers to “areas within the NPAAAD identified for production, agro-processing and marketing activities to help develop and modernize, with the support of government, the agriculture and fisheries sectors in an environmentally and socio-culturally sound manner” (AFMA).

 

155. Sustainable Urban Drainage System (SUDS) – a low impact system intended to drain surface water run-off through a series of collection, storage and cleaning stages before it is released back into the environment.

 

156. Tourism Zone (TZ) – sites within the city endowed with natural or man-made physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.

 

157. Transit-Oriented Development Overlay Zone (TOD-OZ) – an area around transit centers in the city where commercial and residential growth are encouraged in order to maximize access to public transit.

 

158. Transport Terminal – shall include all facilities which provide for the loading/unloading for passengers or the delivery, receipt and/or temporary storage of cargo as well as those which serve a temporary garage of the vehicles including maintenance and servicing.

 

159. Urban Areas – include all barangays or portions of which comprising the Poblacion, CBD and other built up areas including the urbanizable land in and adjacent to said areas and where at least more than fifty (50%) of the population are engaged in non-agricultural activities. CBD shall refer to the areas designated principally for trade, services and business purposes.

 

160. Urban Corridor Overlay Zone (UCD-OZ) – an area in the city which are along major transport routes and where specific regulations are provided that is intended to minimize roadside friction, maintain pedestrian walkways, etc.

 

161. Urban Renewal – regeneration, modernization, or revitalization of an old, deteriorated or blighted portion of a town or city, with the objective of preparing the town or city for present and future demands of urban living. Urban renewal is also implemented to address urban problems or upgrade existing conditions that are no longer compatible with modern times, provided old buildings are adaptively re-used.

 

162. Utilities, Transportation and Services Zone (UTS-Z)– an area in a city/municipality designated for “a range of utilitarian/ functional uses or occupancies, characterized mainly as a low-rise or medium-rise building/structure for low to high intensity community support functions, e.g. terminals, inter-modals, multi-modals, depots, power and water generation/distribution facilities, telecommunication facilities, drainage/wastewater and sewerage facilities, solid waste handling facilities and the like” (NBC).

 

163. Variance –a Special Locational Clearance which grants a property owner relief from certain provisions of the Zoning Ordinance where, because of the particular physical surrounding, shape or topographical condition of the property, compliance on applicable Building Bulk and Density Regulations, Building Design Regulations and Performance Standards would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.

 

164. Warehouse – refers to a storage and/or depository of those in business of performing warehouse services for others, for profit. Market-oriented warehouse is located near to the target market or consumers and used for stocking consumer products including food, hardware and the like, situated adjacent to groceries, supermarkets, malls, and hardware stores, respectively.

 

165. Watershed – a line which follows ridges or summits forming exterior boundary of a drainage area or basin towards a waterway and which separates one drainage basin from another. It is synonymous with a catchment area or drainage basin.

 

166. Water Zone (WZ) – are bodies of water within the city which include rivers, streams, lakes and seas except those included in other zone classification.

 

167. Yard – as defined in the National Building Code, this is “the required open space left between the outermost face of the building/structure and the property lines, e.g. front, rear, right and left side yards. The width of the yard is the setback.”

 

168. Zone/Sub-Zone – an area within the city for specific land use as defined by man-made or natural boundaries.

 

169. Zoning Administrator –a city government employee responsible for the implementation/enforcement of the Zoning Ordinance in a community.

 

170. Zoning Certificate – a document issued by the Zoning Administrator citing the zoning classification of the land based on this Ordinance.

 

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

 

172. Zoning Ordinance – a local legal measure which embodies regulations affecting land use.

 

ARTICLE IV

ZONE CLASSIFICATIONS

 

SECTION 6. Division into Zones or Sub-Zones. To effectively carry out the provisions of this Ordinance, the City is hereby categorized into the following zones or land uses as shown in the Official Zoning Maps.

 

SECTION 7. Base Zones. The following are designated as Base Zones and its Sub-Zones:

 

1. Forest Zone (FZ)
2. Protection Forest Sub-Zone (PTF-SZ)
3. Forest Reserve Sub-Zone (FR-SZ)
4. NIPAS: Strict Protection Sub-Zone (NSP-SZ)
5. Production Forest Sub-Zone (PDF-SZ)
6. NIPAS: Multiple Use Sub-Zone (NMU-SZ)
7. Industrial Forest Plantation Sub-Zone (IFP-SZ)
8. Agricultural Zone (AGZ)
9. Protection Agricultural Sub-Zone (PTA-SZ)
10. Production Agricultural Sub-Zone (PDA-SZ)
11. Agri-Industrial Zone (AgIndZ)
12. Municipal Waters Zone (WZ)
13. Protection Municipal Waters Sub-Zone (PTW-SZ)
14. Foreshore Land Sub-Zone (FL-SZ)
15. Mangrove Sub-Zone (Mn-SZ)
16. Lake Sub-Zone (La-SZ)
17. Production Municipal Waters Sub-Zone (PDW-SZ)
    1. Aquaculture
18. Residential-1 Zone (R1-Z)
19. Residential-2 Zone (R2-Z)
20. Residential-3 Zone (R3-Z)
21. Socialized Housing Zone (SH-Z)
22. Stilt-Settlement Zone (SS-Z)
23. Commercial-1 Zone (C1-Z)
24. Commercial-2 Zone (C2-Z)
25. Commercial-3 Zone (C3-Z)
26. Industrial-1 Zone (I1-Z)
27. Industrial-2 Zone (I2-Z)
28. Industrial-3 Zone (I3-Z)
29. General Institutional Zone (GI-Z)
30. Special Institutional Zone (SI-Z)
31. Parks and Recreation Zone (PR-Z) Cemetery/Memorial Park Zone (C/MP-Z)
32. Buffer/Greenbelt Zone (B/GZ)
33. Utilities, Transportation, and Services Zone (UTS-Z)
34. Tourism Zone (T-Z)
35. Ecozone or Special Economic Zone (SEZ)

 

            SECTION 8. Zoning Maps and Overlay Zones. Hereby adopted as an integral part of this Ordinance are the duly authenticated Official Zoning Maps of the City showing location and boundaries of the Base Zones, Sub-Zones and Overlay Zones herein established.

 

Such Official Zoning Maps shall be signed by the local chief executive and duly authenticated by the HLURB.

 

1. Land Use Map
2. General Land Use Map
3. Land Use Map
4. Urban Land Use Map

 

2. Development Planned Unit
3. DPU 1- CBD and DPU 2 – Mercedes
4. DPU 3 – Ayala and DPU 4 – Labuan
5. DPU 5 – Sangali, DPU 6 – Curuan and DPU 7 -Vitali

 

3. Planned Unit Development
4. PUD – Cultural Heritage Zone
5. PUD – Planned City Infill (PCI)
6. PUD -Zamboanga City Road Map to Recovery and Reconstruction (Z3R)
7. PUD – Cabatangan Government Complex
8. PUD – Bog Lake
9. PUD – Planned City Extension (PCE)
10. PUD – Airport and Buffer Area
11. PUD – Ayala
12. PUD – Ecozone
13. PUD – Labuan
14. PUD – Sangali
15. PUD – Curuan
16. PUD – Vitali

 

4. Overlay Zones
5. Landslide Overlay Zone (LSD-OZ)
6. Flood Overlay Zone (FLD-OZ)
7. Watershed Protection Overlay Zone (WP-OZ)
8. Scenic Corridor Overlay Zone (SCD-OZ)
9. Faultline Overlay Zone (FLT-OZ)
10. Heritage Overlay Zone (HTG-OZ)
11. Tourism Overlay Zone (T-OZ)
12. Urban Corridor Overlay Zone (UCD-OZ)
13. Transit-Oriented Development Overlay Zone (TOD-OZ)
14. Key Biodiversity Area Overlay Zone (KBA-OZ)
15. Critical Habitat Overlay Zone (CH-OZ)
16. Ancestral Domain Overlay Zone (AD-OZ)

 

SECTION 9. Zone Boundaries. The locations and boundaries of the various zones into which the City has been subdivided are identified and specified as follows:

 

1. The following areas are hereby identified to be in Forest Zone (FZ)

 

• Protection Forest Sub-Zone (PTF-SZ)

 

1. Forest Reserve Sub-Zone (FR-SZ)

 

1. Contested Area of Presidential Proclamation 70.

 

2. The area of WMSU Experimental Forest as provided in Presidential Proclamation No. 407.

 

3. The area partially located at Barangays Dulian (UP), Tolosa, Lapakan, Lamisahan, Bunguiao, Dulian (UB), Quiniput, Curuan, Latuan, Calabasa, Tagasilay, Sibulao, Vitali and Licomo, as shown in the map.

 

 

1. NIPAS: Strict Protection Sub-Zone (NSP-SZ)

 

1. The NIPAS area of Presidential Proclamation No. 132, as of July 5, 1999, known as Pasonanca Watershed.

 

• Production Forest Sub-Zone (PDF-SZ)

 

1. NIPAS: Multiple Use Sub-Zone (NMU-SZ)

 

1. The Buffer Zones of Pasonanca Watershed on its western and eastern portion per Presidential Proclamation No. 132.

 

1. Industrial Forest Plantation Sub-Zone (IFP-SZ)

 

1. The areas partially located at barangays La Paz, Baluno, Dulian (UB), Quiniput, Curuan, Latuan, Muti, Tagasilay, Taguiti, Tigbalabag, Sibulao, Mangusu, Vitali, Tictapul, and Licomo, as shown in the map.

 

1. The following areas are hereby identified to be in Agricultural Zone (AGZ):

 

• Protection Agricultural Sub-Zone (PTA-SZ)

 

1. The area partially located at Barangays Talisayan and Ayala,bounded on the north, east, south and west section by Industrial-3 Zone (I3-Z) and bounded on the northeast by Residential-2 Zone (R2-Z), as shown in the map.

 

2. The area partially located at Barangays Ayala, Tulungatung, Cawit and Recodo, bounded on the west and south by Industrial-3 Zone (I3-Z), and bounded on the north and east by Residential-2 Zone (R2-Z), as shown in the map.

 

3. The area located at Barangays San Roque and Cabatangan, 30 meters away from Cabatangan Road on its western portion, bounded on the west by Residential-3 Zone (R3-Z), bounded on the north and east by Commercial-2 Zone (C2-Z), and bounded on the south by C2-Z and R3-Z.

 

4. The area located at Barangays Sta. Maria and Cabatangan, 100 meters away from Cabatangan Road on its eastern portion, bounded on north by Commercial-2 Zone (C2-Z), and bounded on the east, south and west by Residential-3 Zone (R3-Z).

 

5. The area located at Barangay Sta. Maria, 30 meters away from Cabatangan Road on its eastern portion, bounded on the north and east by Residential-3 Zone (R3-Z), and bounded on the south and west by Commercial-2 Zone (C2-Z).

 

6. The area located at Barangays Guiwan and Tugbungan, bounded by Residential-3 Zone (R3-Z).

 

7. The area located at Barangay Boalan, 45 meters away from MCLL Highway on its northern portion, bounded on the west and south by Commercial-2 Zone (C2-Z), bounded on the north by Residential-2 Zone (R2-Z), and bounded on the east by Boalan River and its buffer, and C2-Z, as shown in the map.

 

8. The area located at Barangay Boalan, 1.1 kilometers from MCLL Highway on its northern portion, bounded on the west and north by Residential-2 Zone (R2-Z), and bounded on the east and south by Boalan River and its buffer, as shown in the map.

 

9. The area located at Barangay Boalan, 1.1 kilometers from MCLL Highway on its northern portion, bounded on the west by Boalan River and its buffer, and bounded on the east Commercial-2 Zone (C2-Z), as shown in the map.

 

10. The area located at Barangay Boalan, 1.46 kilometers from MCLL Highway on its northern portion, bounded on the west and north by Residential-2 Zone (R2-Z), and bounded on the east and south by Boalan River and its buffer, as shown in the map.

 

11. The area located at Barangay Boalan, 300 meters from By-pass Road on its southern portion, bounded on the north by Commercial-2 Zone (C2-Z), and bounded on the east, south and west by Residential-2 Zone (R2-Z), as shown in the map.

 

12. The area located at Barangays Mercedes, Talabaan, Culianan, and Cabaluay, bounded on the west by Industrial-1 Zone (I1-Z) and Commercial-3 Zone (C3-Z), bounded on the north by C3-Z and Residential-2 Zone (R2-Z), bounded on the east by Agricultural Production Zone and R2-Z, and bounded on the south by Talabaan Road, except the area of Agricultural Production Zone, as shown in the map.

 

13. The area located at Barangay Guisao, 120 meters away from MCLL Highway, bounded on the west and north by Forest Production Zone, bounded on the east by Agricultural Production Zone, and bounded on the south by Commercial-2 Zone (C2-Z), as shown in the map.

 

14. The area located at Barangay Cabaluay, 50 meters away from Catumbal Road on its eastern portion, bounded by Agricultural Production Zone, as shown in the map.

 

15. The area located at Barangay Cabaluay, 40 meters away from MCLL Highway on its northwestern portion, bounded on the west, north and east by Agricultural Production Zone, and bounded on the south by Commercial-1 Zone (C1-Z), as shown in the map.

 

16. The area located at Barangay Cabaluay, bounded on the west by MCLL Highway and Commercial-1 Zone (C1-Z), bounded on the north by Cabaluay River and its buffer, bounded on the east by Aquaculture Sub-Zone (Aq-SZ), and bounded on the south by Residential-2 Zone (R2-Z).

 

17. The area located at Barangay Cabaluay, along MCLL Highway on its western portion, bounded on the north and south by Agricultural Production Zone and Commercial-1 Zone (C1-Z), bounded on the east by MCLL Highway, and bounded on the west by Agricultural Production Zone.

 

18. The area located at Barangay Cacao, 100 meters away from Cacao Road on its western portion, bounded by Agricultural Production Zone, as shown in the map.

 

19. The area located at Barangay Cacao, 60 meters away from Cacao Road on its western portion, bounded by Agricultural Production Zone, as shown in the map.

 

20. The area located at Barangay Manicahan, western portion of MCLL Highway, bounded on the west and south by Aquaculture Sub-Zone (Aq-SZ) and Agricultural Production Zone, and bounded on the north and east by Agricultural Production Zone, as shown in the map.

 

21. The area located at Barangay Manicahan, bounded on the west, east and south by Agricultural Production Zone, bounded on the north by Agricultural Production Zone and General Institutional Zone, and bounded on the east by Residential-2 Zone (R2-Z), as shown in the map.

 

22. The area located at Barangay Manicahan, bounded by Agricultural Production Zone, as shown in the map.

 

23. The whole area of Barangay Bunguiao, except the areas of Buffer Zone of Pasonanca Watershed, Forest Reserved Zone, Residential-1 Zone (R1-Z), Residential-2 Zone (R2-Z), Commercial-1 Zone (C1-Z), and Agricultural Production Zone, as shown in the map.

 

24. The whole area of Barangay Bolong, except the areas of Bolong River and its buffer, Tourism Zone, Mangrove Area, Aquaculture Sub-Zone (Aq-SZ), Industrial-3 Zone (I3-Z), Commercial-1 Zone (C1-Z), Residential-1 Zone (R1-Z), Cemetery Zone, and Agricultural Production Zone, as shown in the map.

 

25. The whole area of Barangay Quiniput, except the areas of Forest Reserved Zone, Forest Production Zone, Residential-1 Zone (R1-Z), Aquaculture Sub-Zone (Aq-SZ), and Agricultural Production Zone, as shown in the map.

 

26. The whole area of Barangay Curuan, except the areas of Forest Reserved Zone, Forest Production Zone, Residential-1 Zone (R1-Z), Commercial-1 Zone (C1-Z), Commercial-2 Zone (C2-Z), Aquaculture Sub-Zone (Aq-SZ), Mangrove Zone, Parks and Recreation Zone, Cemetery Zone, Tourism Zone, Agri-Industrial Zone, General Institutional Zone, Utilities, Transportation and Services Zone (UTS-Z), Curuan River and its buffer, and Agricultural Production Zone, as shown in the map.

 

27. The whole area of Barangay Mangusu, except the areas of Forest Reserved Zone, Forest Production Zone, Residential-1 Zone (R1-Z), Commercial-2 Zone (C2-Z), Aquaculture Sub-Zone (Aq-SZ), Mangrove Zone, and Agricultural Production Zone, as shown in the map.

 

28. The whole area of Barangay Vitali, except the areas of Forest Reserved Zone, Forest Production Zone, Vitali River and its buffer, General Institutional Zone, Residential-1 Zone (R1-Z), Medium Density Commercial Zone (C2-Z), Agri-Industrial Zone, and Agricultural Production Zone, as shown in the map.

 

29. The whole area of Barangay Licomo, except the areas of Forest Reserved Zone, Forest Production Zone, Residential-1 Zone (R1-Z), Aquaculture Sub-Zone (Aq-SZ), Mangrove Zone, and Agricultural Production Zone, as shown in the map.

 

• Production Agricultural Sub-Zone (PDA-SZ)

 

1. That areas partially located at Barangays Limpapa, Labuan, Patalon and Sinubong, bounded on the west by the sea, bounded on the north by the contested area under PP 70, and bounded on the east and south by the Ecozone Areas, except the areas of Socialized Housing Zone, Buffer/Greenbelt Zone, Comercial-2 Zone (C2-Z), Agri-Industrial Zone, Residential-1 Zone (R1-Z), Patalon River and its buffer, General Institutional Zone, and Industrial-1 Zone (I1-Z), as shown in the map.

 

2. That areas partially located at Barangays Pamucutan, La Paz, Tulungatung, Cawit, Baluno, Maasin, Sinunuc, Malagutay, Capisan, San Roque, Cabatangan, Dulian (UP), and Pasonanca, bounded on the north by Ecozone Area, Forest Production Zone, and Pasonanca Watershed Buffer Zone, bounded on the east by Pasonanca Watershed and Tumaga River and its buffer, bounded on the south by the By-pass Road, Residential-1 Zone (R1-Z), Residential-3 Zone (R3-Z), Parks and Recreation Zone at Pasonanca, and Comercial-2 Zone (C2-Z), and bounded on the west by Industrial-2 Zone (I2-Z), Agri-Industrial Zone, and Ecozone, except the UTS Zone at Maasin, as shown in the map.

 

3. That areas partially located at Barangays Pasonanca, Lunzuran, Lumayang, Lumbangan, Boalan, Salaan, Lanzones, Pasobolong, Culianan, Cacao, Guisao, Tolosa, Lapakan, Cabaluay, Manicahan, Victoria, Lamisahan, Sangali, Bunguiao, Bolong, Dulian (UB), Lubigan, Panubigan, Dita, Quiniput, Curuan, Latuan, Calabasa, Buenavista, Muti, Tagasilay, Taguiti, Sibulao, Tigbalabag, Mangusu, Vitali, Tictapul and Licomo, bounded by the various land use zones, except the areas of Forest Production Zone, UTS Zone in Lumbangan and Salaan, Residential-1 Zone (R1-Z), Agri-Protection Zone (Irrigated Ricefields), Commercial-1 Zone (C1-Z),  and General Institutional Zone, as shown in the map.

 

4. The areas located at Barangays Tugbungan and Boalan, bounded by Aquaculture Sub-Zone (Aq-SZ), as shown in the map.

 

5. The area located at Barangays Mercedes and Talabaan, bounded by Agricultural Protection Zone (irrigated ricefield), as shown in the map.

 

6. The area located at Barangay Talabaan, bounded on the west by Agricultural Protection Zone, bounded on the north by Balinsungay Road, bounded on the east by Gapuh Road, and bounded on the south by Agricultural Protection Zone and Residential-2 Zone (R2-Z).

 

7. The whole area of Sacol Island located at Barangays Landang Gua, Landang Laum, Busay and Pasilmanta, except the area of Mangrove Zone.

 

8. The whole area of Barangays Manalipa and Tumalutab, except the area of Mangrove Zone.

 

9. The areas partially located at Barangays Limaong and Tumitus.

 

1. The following areas are hereby identified to be in Agri-Industrial Zone (AgIndZ):

 

1. The area located at Barangay Labuan, 170 meters away from Labuan-Limpapa National Road on its eastern portion, bounded on the north and east by Agricultural Production Zone, and bounded on the south and west by Commercial-2 Zone (C2-Z).

 

2. The area located at Barangays Talisayan and Pamucutan, bounded on the west and north by Ecozone Area, bounded on the east by Agricultural Production Zone, and bounded on the south by Industrial-2 Zone (I2-Z) and Industrial-3 Zone (I3-Z).

 

3. The area located at Barangays Curuan, Latuan and Buenavista, bounded on the west, north and south by Agricultural Production Zone, bounded on the east by MCLL Highway, and bounded on the south by Commercial-1 Zone (C1-Z), Agricultural Protection Zone, and Agricultural Production Zone, except the area of Latuan/Calabasa River and its buffer.

 

4. The area located at Barangay Vitali, bounded on the northwest by MCLL Highway, bounded on the northeast and southeast by Agricultural Protection Zone and Agricultural Production Zone, and bound on the southwest by Residential-1 Zone (R1-Z) and Commercial-2 Zone (C2-Z), as shown in the map.

 

1. The following areas are hereby identified to be in Municipal Waters Zone (WZ)

 

• Protection Waters Sub-Zone (PTW-SZ)

 

1. Foreshore Land Sub-Zone (FL-SZ)

 

1. The area located at Barangay Maasin, bounded on the west and south by the sea, and bounded on the north and east by Labuan-Limpapa National Road, except the area of Maasin River.

 

2. The area located at Barangays Maasin and Sinunuc, whole stretch of Caragasan Beach and Ayuda Badjao Stilt-Settlement Area.

 

3. The area located at Barangay Sinunuc, southern portion of Labuan-Limpapa National Road, except the area of Sinunuc River.

 

4. The area located at Barangays Sinunuc and Calarian, bounded on the west and south by the sea, bounded on the north by Labuan-Limpapa National Road, bounded on the east by Parks and Recreation Zone/Vista del Mar.

 

1. Mangrove Sub-Zone (Mn-SZ)

 

1. The area located at Barangays Mariki, Kasanyangan, Talon-Talon, and Mampang, bounded on the north by Buffer/Greenbelt Zone, bounded on the east by the boundary of Arena Blanco, bounded on the south by the sea, and bounded on the west by SS-Z, as shown in the map.

 

2. The whole area of Barangay Arena Blanco, except the areas of Stilt Settlement Zone (SS-Z) and R3-Z, as shown in the map.

 

3. The whole area of Sacol Island located at Barangays Landang Gua, Landang Laum, Busay and Pasilmanta, except the area of Agricultural Production Zone, as shown in the map.

 

4. The whole area of Barangays Manalipa and Tumalutab, except the area of Agricultural Production Zone, as shown in the map.

                                                                                   

5. The area located at Mercedes, bounded on the west and north by Aquaculture Sub-Zone (Aq-SZ), bounded on the east by the sea, and bounded on the south by River/Waterway, as shown in the map.

 

6. The area located at Barangays Mercedes and Talabaan, bounded on the west and north by Tourism Zone, and bounded on the east and south by the sea, as shown in the map.

 

7. The area located at Barangay Taluksangay, bounded on the west by Tourism Zone, bounded on the north and east by Residential-2 Zone (R2-Z), and bounded on the south by the sea, as shown in the map.

 

8. That areas partially located at Barangays Talabaan and Cabaluay, bounded on the west and north by Aquaculture Sub-Zone (Aq-SZ), bounded on the east by the sea, and bounded on the south Residential-2 Zone (R2-Z), as shown in the map.

 

9. The areas located at Barangay Manicahan, as shown in the map.

 

10. The area located at Barangay Victoria, 100 meters away from MCLL Highway, bounded on the west and east by Aquaculture Sub-Zone (Aq-SZ), and bounded on the north and south by Aquaculture Sub-Zone (Aq-SZ) and Agricultural Production Zone, as shown in the map.

 

11. The area located at Barangays Victoria and Sangali, bounded on the west by Aquaculture Sub-Zone (Aq-SZ) and Agricultural Production Zone, bounded on the north by Agricultural Production Zone, bounded on the east by the sea, and bounded on the south by Aquaculture Sub-Zone (Aq-SZ), as shown in the map.

 

12. The area located at Barangays Bolong and Panubigan, bounded on the west by Fishery Reserved Zone, bounded on the north by Agricultural Production Zone, bounded on the east by the sea, and bounded on the south by Agricultural Production Zone and Tourism Zone, as shown in the map.

 

13. That areas partially located at Barangays Curuan, Buenavista, Muti, Dita, Taguiti, Mangusu, Limaong, Tumitus, Tictapul and Licomo, as shown in the map.

 

 

 

 

• Lake Sub-Zone (La-SZ)

 

1. That areas partially located at Barangays Putik and Divisoria, as shown in the map.

 

2. That areas partially at Barangay Boalan, 50 meters away from MCLL Highway on its southeastern portion and 160 meters away from MCLL Highway on its western portion bounded by Commercial-2 Zone (C2-Z), as shown in the map.

 

3. The area located at Barangays Mercedes and Zambowood, 200 meters away from Zambowood Road on its northern portion, as shown in the map.

 

4. The area located at Barangays Mercedes and Talabaan, 490 meters away from Talabaan Road on its northern portion, bounded by Industrial-1 Zone (I1-Z), as shown in the map.

 

• Production Waters Sub-Zone (PDW-SZ)

 

1. Aquaculture Sub-Zone (Aq-SZ)

 

1. The area located at Barangay Cawit, bounded by Industrial-3 Zone (I3-Z), except the area of Cawit River/Waterway, as shown in the map.

 

2. The area of ZSCMST located at Barangay Rio Hondo, as shown in the map.

 

3. Areas located at Barangays Tugbungan, Divisoria, Boalan, Zambowood, Mercedes, Mampang and Arena Blanco, except the areas of Agricultural Production Zone, Mangrove Zone and River/Waterway Area, as shown in the map.

 

4. That areas partially located at Barangays Taluksangay, Talabaan, Cabaluay, and Manicahan, as shown in the map.

 

5. The areas located at Barangays Manicahan and Victoria, as shown in the map.

 

6. The areas located at Barangays Bolong and Panubigan, bounded by Agricultural Production Zone and Mangrove Zone, as shown in the map.

 

7. The areas located at Barangays Dita, Quiniput, Curuan, Buenavista and Muti, as shown in the map.

 

8. The areas located at Barangays Taguiti, Mangusu, Limaong, Tumitus, Vitali, Tictapul, and Licomo, as shown in the map.

 

1. The following areas are hereby identified to be in Residential-1 Zone (R1-Z):

 

1. The area located at Barangay Labuan, 600 meters away from Labuan-Limpapa National Road on its eastern portion, bounded on the west by Commercial-2 Zone (C2-Z), bounded on the north and east by Agricultural Production Zone, and bounded on the south by Patalon River and its buffer.

 

2. The area located at Barangay Patalon, bounded on the west by Labuan-Limpapa National Road and General Institutional Zone, bounded on the north by Patalon River and its buffer, and bounded on the east and south by Agricultural Production Zone.

 

 

 

3. The area located at Barangay Sinubong, bounded on the west by Labuan-Limpapa National Road, and bounded on the north, east and south by Agricultural Production Zone.

 

4. The area located at Barangays Sinunuc, Malagutay and San Roque, starting Sinunuc River and 800 meters away from Labuan-Limpapa National Road, moving north Sinunuc River up to the By-pass Road, following By-pass Road going east up to San Roque River and its buffer, moving south following San Roque River down to Pasay Road, then moving west bounded by Residential-3 Zone (R3-Z), Special Institutional Zone and Residential-2 Zone (R2-Z) back to the point of beginning.

 

5. The area located at Barangays Cabatangan and Pasonanca, 100 meters away from circumferential road on its northern side, bounded on the west Commercial-2 Zone (C2-Z), bounded on the north by Agricultural Production Zone, bounded on the east by Residential-3 Zone (R3-Z), and bounded on the south by General Institutional Zone and C2-Z.

 

6. The area located at Barangays Mercedes and Zambowood, bounded on the west by Parks and Recreation Zone (PR-Z), bounded on the north by General Institutional Zone, bounded on the east by Mercedes River and its buffer, and bounded on the south by Zambowood Road.

 

7. The area located at Barangay Cabaluay, 115 meters away from MCLL Highway towards Islamia Road, bounded on the west by Commercial-1 Zone (C1-Z), bounded on the north by Agricultural Production Zone, bounded on the east by Aquaculture Sub-Zone (Aq-SZ), and bounded on the south by Cabaluay River and its buffer.

 

8. The area located at Barangay Bunguiao, bounded on the west by Agricultural Production Zone, bounded on the north by Agricultural Protection Zone and Agricultural Production Zone, bounded on the east by Agricultural Protection Zone, Agricultural Production Zone and Commercial-1 Zone (C1-Z), and bounded on the south by Agricultural Protection Zone.

 

9. The area located at Barangay Bolong, 50 meters away from MCLL Highway on its western portion, bounded on the west by Bolong River and its buffer, bounded on the north by Agricultural Protection Zone, bounded on the east by Commercial-1 Zone (C1-Z), and bounded on the south by Commercial-1 Zone (C1-Z) and Bolong River and its buffer.

 

10. The area located at Barangay Bolong, 50 meters away from Bolong Road towards northeast, bounded on the west by Commercial Zone (C1-Z), bounded on the north by Agricultural Protection Zone, bounded on the east by Agricultural Production Zone, and bounded on the south by Commercial-1 Zone (C1-Z) and Agricultural Production Zone.

 

11. The area located at Barangay Bolong, starting 50 meters away from Bolong Road towards northeast, bounded on the west by Commercial-1 Zone (C1-Z) and Agricultural Production Zone, bounded on the north by Agricultural Production Zone, bounded on the east by Cemetery Zone, and bounded on the south by Commercial-1 Zone (C1-Z) and Tourism Zone.

 

12. The area located at Barangay Lubigan, starting at the geographical location of 7⁰08’23.26”N and 122⁰13’59.64”E, running along MCLL Highway up to 7⁰08’56.34”N and 122⁰13’59.53”E, bounded by Agricultural Production Zone, as shown in the map.

 

13. The area located at Barangay Quiniput, 40 meters south of the junction of Quiniput Lanote Masava and MCLL Highway, bounded on the east and west by Agricultural Protection Zone and Agricultural Production Zone, bounded on the north by Agricultural Protection Zone, and bounded on the south by Agricultural Production Zone, as shown in the map.

 

14. The area located at Barangay Curuan, bounded on the west by MCLL Highway, bounded on the north by Commercial-1 Zone (C1-Z) and Agricultural Production Zone, bounded on the east by Agricultural Production Zone, and bounded on the south by Agricultural Production Zone and General Institutional Zone, as shown in the map.

 

15. The area located at Barangay Buenavista, starting 600 meters away from the junction Calabasa Road and MCLL Highway, running 100 meters both sides of MCLL Highway up to 330 meters away from junction Muti Road and MCLL Highway.

 

16. The area located at Barangay Tagasilay, 200 meters south of the junction Tagasilay Road and MCLL Highway, bounded by Agricultural Production Zone, as shown in the map.

 

17. The area located at Barangay Tigbalabag, starting 600 meters south of the junction MCLL Highway and Taguiti Road, running 100 meters on both sides of MCLL Highway up to 120 meters northeast of Tigbalabag Elementary School, except the area of Forest Production Zone.

 

18. The area located at Barangay Mangusu, starting 2.2 kilometers from the junction MCLL Highway and Tamaraan-Dungcaan Road, running along Tamaraan-Dungcaan Road up to 550 meters, and bounded by Agricultural Production Zone, as shown in the map.

 

19. The area located at Barangay Vitali, 100 meters away from MCLL Highway towards Bataan Road, bounded on the west and north by Agricultural Protection Zone and Agricultural Production Zone, bounded on the east by Commercial-2 Zone (C2-Z), and bounded on the south by Agricultural Production Zone and Vitali River and its buffer.

 

20. The area located at Barangay Vitali, 100 meters away from MCLL Highway towards Calle Posporo, bounded on the west by Commercial-2 Zone (C2-Z), bounded on the north by Agricultural Production Zone, bounded on the east and south by Agricultural Protection Zone.

 

21. The area located at Barangay Vitali, 360 meters away from the junction MCLL Highway and Mialim Gulod Road going north, bounded by Agricultural Protection Zone and Agricultural Production Zone, as shown in the map.

 

22. The area located at Barangay Tictapul, 60 meters southeast of the junction MCLL Highway and Cocalan Road, bounded on the north by Tictapul River and its buffer, and bounded on the east, south and west by Agricultural Production Zone.

 

23. The area located at Barangay Licomo, 140 meters south of the junction MCLL Highway and Texas Road, bounded by Agricultural Production Zone, as shown in the map.

 

24. The area located at Barangay Licomo, 120 meters south of the junction MCLL Highway and Burlac Road, bounded by Agricultural Production Zone, as shown in the map.

 

1. The following areas are hereby identified to be in Residential-2 Zone (R2-Z):

 

1. The area located at Barangays Ayala, Talisayan, LaPaz and Tulungatung, starting 600 meters away from Labuan-Limpapa National Road towards Pamucutan Road, bounded on the northwest by Pamucutan Road, bounded on the northeast by Agricultural Production Zone down to Ayala River, then bounded on the southeast by Ayala River and its buffer, and bounded on the southwest by Industrial-3 Zone (I3-Z) and Agricultural Protection Zone back to the point of origin.

 

2. The area located at Barangays Ayala and Tulungatung, starting 500 meters away from Labuan-Limpapa National Road towards Tulungatung Road, bounded on the north by Ayala River and its buffer, bounded on the east by Socialized Housing Zone, bounded on the south by Agricultural Protection Zone, and bounded on the west by Industrial-3 Zone (I3-Z) to the point of beginning.

 

3. The area located at Barangays Tulungatung and Cawit, starting 500 meters away from Labuan-Limpapa National Road towards Cawit River, bounded on the south by Industrial-3 Zone (I3-Z), bounded on the west by Agricultural Protection Zone, bounded on the north by Socialized Housing Zone, and bounded on the east by Commercial-2 Zone (C2-Z) down to Cawit River and its buffer, then following Cawit River back to the point of beginning.

 

4. The area located at Barangays Cawit and Maasin, starting 100 meters away from Labuan-Limpapa National Road towards Maasin River, moving west running 100 meters parallel to Labuan-Limpapa National Road up to BH Homes, moving 400 meters northeast and 500 meters parallel to Labuan-Limpapa National Road up to Cawit River bounded by Industrial-3 Zone (I3-Z), then following Cawit River moving northeast up to Commercial-2 Zone (C2-Z), then moving southeast down to Maasin River and its buffer bounded by Agricultural Production Zone, then following Maasin River back to the point of beginning.

 

5. The area located at Barangays Maasin and Sinunuc, starting 100 meters away from Labuan-Limpapa National Road towards Sinunuc River, moving northwest running 100 meters parallel to Labuan-Limpapa National Road up to Maasin River and its buffer, then following Maasin River up to the By-pass Road, then following By-pass Road going southeast down to Sinunuc River and its buffer, then following Sinunuc River back to the point of beginning, except the area of the Cemetery/Memorial Park Zone.

 

6. The area located at Barangays Sinunuc and Calarian, starting at Sinunuc River and 100 meters away from Labuan-Limpapa National Road, moving north following Sinunuc River up to Residential-1 Zone (R1-Z), moving southeast bounded by R1-Z down to Flamingo Road, going south bounded by Special Institutional Zone and Cemetery Zone, and moving northwest running 100 meters parallel to Labuan-Limpapa National Road bounded by Commercial-1 Zone (C1-Z) back to the point of beginning.

 

7. The area located at Barangays Lunzuran and Lumbangan, starting at Lunzuran Road and 300 meters away from the By-pass road, moving west running 300 meters parallel to the By-pass road down to the Socialized Housing Zone, moving 270 meters north up to the Agricultural Production Zone, moving northeast bounded by Agricultural Production Zone up to Commercial-2 Zone (C2-Z), then moving south running 300 meters parallel to the By-pass road back to the point of beginning, except the areas of the Agricultural Protection Zone and Lunzuran River and its buffer.

 

8. The area located at Barangays Divisoria, Lumbangan and Boalan, bounded on the west by Divisoria River and its buffer, bounded on the north and south by Commercial-2 Zone (C2-Z), and bounded on the east by Boalan River and its buffer, except the area of the Agricultural Protection Zone.

 

9. The area located at Sitio Mulu-muluan, Barangay Mercedes, bounded on the northwest by Utilities, Transportation and Services Zone (UTS-Z), bounded on the east by Tourism Zone, and bounded on the south by Aquaculture Sub-Zone (Aq-SZ), as shown in the map.

 

10. The whole area of Barangay Taluksangay, except the Utilities, Transportation and Services Zone (UTS-Z), Stilt Settlement Zone, Tourism Zone, and Mangrove Zone.

 

11. The area located at Barangay Talabaan, bounded on the west by Agricultural Protection Zone and Agricultural Production Zone, bounded on the north by the barangay boundary of Cabaluay, bounded on the east byAquaculture Sub-Zone (Aq-SZ), and Cemetery Zone, and bounded on the south by Utilities, Transportation and Services Zone (UTS-Z), as shown in the map.

 

12. The area located at Barangays Culianan and Cabaluay, starting at MCLL Highway and Teacher’s Village, running northeast following MCLL Highway up to Gapuh Road, then running 100 meters parallel to MCLL Highway from Gapuh Road up to Agricultural Protection Zone, moving northeast bounded by Agricultural Protection Zone, then moving southeast down to the barangay boundary of Talabaan, then following the barangay boundary of Talabaan moving 160 meters west to the Agricultural Protection Zone, then moving west up to 300 meters away from the MCLL Highway, then moving northeast running 300 meters parallel to MCLL Highway and back to the point of beginning, as shown in the map.

 

13. The area located at Barangay Manicahan, 1.25 kilometers away from MCLL Highway on its eastern portion, bounded on the west by Agricultural Production Zone, bounded on the north by Manicahan River and its buffer, bounded on the east by the shoreline, and bounded on the south by the shoreline and Cemetery Zone.

 

14. The area located at Barangays Bunguiao and Sangali, 550 meters away from MCLL Highway towards Bunguiao Road, moving 1.8 kilometers southwest bounded by Commercial-2 Zone (C2-Z), moving 1.65 kilometers northwest bounded by Agricultural Production Zone, then moving northeast bounded by Agricultural Protection Zone towards Bunguiao Road, and moving southeast following Bunguiao Road back to the point of beginning.

 

1. The following areas are hereby identified to be in Residential-3 Zone (R3-Z):

 

1. The area located at Barangay Calarian, bounded on the west by Parks and Recreation Zone, Labuan-Limpapa National Road, and Cemetery/Memorial Park Zone, bounded on the north and east by the Parks and Recreation Zone, and bounded on the south by the sea, as shown in the map.

 

2. The area located at Barangays Calarian, Malagutay, San Roque and San Jose Gusu, bounded on the west by Special Institutional Zone, bounded on the north by Residential-1 Zone (R1-Z), bounded on the east by San Roque River and its buffer, and bounded on the south by Utilities, Transportation and Services Zone (UTS-Z), Cemetery Zone, General Institutional Zone, and Bog Lake and its buffer, except the area of Cemetery Zone in San Roque.

 

3. The area located at Barangays San Roque and Cabatangan, 100 meters away from San Roque Road towards Talungon Drive, bounded on the west, north and south by Commercial-2 Zone (C2-Z), and bounded on the east by Agricultural Protection Zone.

 

4. The area located at Barangay San Roque, 30 meters away from Cabatangan Road on its western portion, bounded on the west and north by Agricultural Protection Zone, and bounded on the east and south by C2-Z.

 

5. The area located at Barangays Sta. Maria, Cabatangan and Pasonanca, 30 meters away from Cabatangan Road on its eastern portion, bounded on the west and northby Agricultural Protection Zone and Commercial-2 Zone (C2-Z), and bounded on the east and south by C2-Z).

 

6. The area located at Barangays Sta. Maria and Pasonanca, 110 meters away from Governor Ramos Avenue towards Sucabon Creek, bounded on the west by Sucabon Creek and its buffer, bounded on the east by Tumaga River and its buffer, and bounded on the south by Commercial-2 Zone (C2-Z).

 

7. The area located at Barangay Pasonanca, 50 meters away from Pasonanca Road towards Lantawan Road, bounded on the west by Residential-1 Zone (R1-Z),bounded on the north by Agricultural Production Zone, and bounded on the east and south by Commercial-2 Zone (C2-Z).

 

8. The area located at Barangay Pasonanca, northern portion of By-Pass Road towards Luyahan Road, bounded on the west by Tumaga River and its buffer, bounded on the north by Agricultural Production Zone and Socialized Housing Zone (SHZ), bounded on the east by Commercial-2 Zone (C2-Z), and bounded on the south by the By-pass Road and C2-Z.

 

9. The area located at Barangays Tumaga, Putik, Lunzuran, Divisoria and Lumbangan, 500 meters away from MCLL Highway towards Lunzuran Road, bounded on the west and north by C2-Z, bounded on the east by Putik River and its buffer, and bounded on the south by C2-Z and Cemetery Zone.

 

10. The area located at Barangays Sta. Barbara, Sta. Catalina and Kasanyangan, southern portion of Catalina Road, bounded on the west by Commercial-3 Zone (C3-Z), bounded on the north by C3-Z and Industrial-1 Zone (I1-Z), bounded on the east by Stilt Settlement Zone, and bounded on the south by General Institutional Zone, and Aquaculture Sub-Zone (Aq-SZ).

 

11. The area located at Barangays Talon-Talon and Mampang, 300 meters away from Talon-Talon to Mampang Road on its southern portion, bounded on the north by Industrial-2 Zone (I2-Z) and Cemetery Zones, and bounded on the east, south and west by Buffer/Greenbelt Zone.

 

12. The whole area of Arena Blanco, except the Stilt Settlement Area and Mangrove Zone, as shown in the map.

 

13. The area located at Barangay Tugbungan, bounded on the west by Falcatan Street, bounded on the north by Tumaga River and its buffer, bounded on the east by Buffer/Greenbelt Zone and Industrial-2 Zone (I2-Z), and bounded on the south by Commercial-2 Zone (C2-Z) and I2-Z.

 

14. The area located at Barangays Tugbungan, Guiwan, Putik, Divisoria and Boalan, 500 meters away from MCLL Highway, bounded on the west and north by Commercial-2 Zone (C2-Z), bounded on the east by Buffer/Greenbelt Zone, and bounded on the south by Tumaga River and its buffer, except the Agricultural Protection Zone and Cemetery/Memorial Park Zone.

 

15. The area located at Barangays Boalan, Mercedes and Zambowood, 120 meters away from MCLL Highway towards Zambowood Road, moving north bounded by Parks and Recreation Zone, Cemetery Zone, and Commercial-2 Zone (C2-Z), bounded on the east by General Institutional Zone, Special Institutional Zone, Parks and Recreation Zone, and Residential-1 Zone (R1-Z) down to the south towards Industrial-2 Zone (I2-Z), bounded on the south by I2-Z, and moving northwest bounded by Buffer/Greenbelt Zone back to the point of beginning

 

1. The following areas are hereby identified to be in Socialized Housing Zone (SH-Z):

 

1. The area located at Barangay Limpapa, bounded by Agricultural Production Zone.

 

2. The area located at Barangay Labuan, bounded on the west, north and east by Agricultural Production Zone, and bounded on the south by Commercial-2 Zone (C2-Z).

 

3. That area located at Barangay Tulungatung known as Tulungatung Resettlement Site.

 

4. The area located at Barangay Rio Hondo and covered by Presidential Proclamation No. 472, establishing a certain portion of the land reserved for Muslim community settlement site purposes.

 

5. That area located at Barangay Kasanyangan known as Paniran Resettlement Site.

 

6. That area located at Luyahan Barangay Pasonanca known as Shanty Town.

 

7. That area located at Barangay Mercedes known as Azcuna Resettlement Site.

 

1. The following areas are hereby identified to be in Stilt-Settlement Zone (SS-Z):

 

1. That area located at Barangay Rio Hondo known as Hongkong.

 

2. The whole area of Barangay Mariki including Lupa-lupa, except the Mangrove Zone.

 

3. The area located at Barangays Kasanyangan and Rio-Hondo, bounded on the west by Socialized Housing Zone and Residential-3 Zone (R3-Z), bounded on the north by Industrial-2 Zone (I2-Z), bounded on the east by Buffer/Greenbelt Zone and Mangrove Zone, and bounded on the south by Mangrove Zone.

 

4. The whole area of Barangay Arena Blanco, except the areas of Residential-3 Zone (R3-Z) and Mangrove Zone, as shown in the map.

 

5. The whole area of Barangay Taluksangay, except the Utilities, Transportation and Services Zone (UTS-Z), Residential-2 Zone (R2-Z), Tourism Zone and Mangrove Zone, as shown in the map.

 

1. The following areas are hereby identified to be in Commercial-1 Zone (C1-Z):

 

1. The area located at Barangays Cawit, Maasin, Sinunuc, and Calarian, starting at the boundary of cemetery located at Barangay Calarian, running 100m away parallel to the Labuan-Limpapa Road on its right side up to the boundary of BH Homes in Cawit, except the areas of Cemetery/Memorial Park Zone and Rivers of Maasin and Sinunuc and its buffer.

 

2. The area located at Barangays Cabaluay, Lapakan and Manicahan, starting at Catumbal road running 100 meters parallel of MCLL Highway on its left side, up to the intersection of MCLL highway and Cabaluay-Gapuh Road, then following the MCLL Highway running 100 meters on both sides of MCLL highway up to 250 meters away before Sitio Poso Road,except the areas of Agricultural Protect Zone and Agricultural Production Zone.

 

3. The area located at Barangay Bunguiao, bounded on the west and north by Residential-1 Zone (R1-Z), bounded on the east by Agricultural Production Zone, and bounded on the south by Agricultural Protection Zone.

 

4. The area located at Barangay Bolong, starting at Bolong River and its buffer, 50 meters running parallel to MCLL Highway on both sides up to junction MCLL Highway and Bolong Road, then following Bolong road running 50 meters on both sides of Bolong Road down to the boundary of Tourism Zone, except the Agricultural Production Zone.

 

5. The area located at Barangay Panubigan, bounded on the west by Tourism Zone, bounded on the north by Tourism Zone and Shoreline, bounded on the east by the Shoreline, and bounded on the south by Agricultural Production Zone.

 

6. The area located at Barangay Curuan, bounded on the west by Agri-Industrial Zone and Agricultural Protection Zone, bounded on the north and south by Agricultural Production Zone, and bounded on the east by MCLL Highway, except the area of Utilities, Transportation and Services Zone (UTS-Z) and Curuan River and its buffer.

 

7. The area located at Barangays Curuan and Buenavista, starting at the boundary of Residential-1 Zone (R1-Z), running 100 meters parallel to the MCLL Highway on its right side up to the boundary of Agri-Industrial Zone at the left side of MCLL Highway, then running 100 meters parallel to MCLL highway on both sides up to 100 meters away before the Binaluy River and its buffer.

 

1. The following areas are hereby identified to be in Commercial-2 Zone (C2-Z):

 

1. The area located at Barangay Labuan, bounded on the west by the Buffer/Greenbelt Zone, bounded on the north by Socialized Housing Zone, bounded on the east by Agricultural Production Zone, Agri-Industrial Zone and Residential-1 Zone (R1-Z), and bounded on the south by Patalon River and its buffer.

 

2. The area located at Barangays Tulungatung and Cawit, bounded on the south and west byResidential-2 Zone (R2-Z), bounded on the north by Agricultural Production Zone, and bounded on the east by the By-pass Road.

 

3. The area located at Barangays San Roque, Cabatangan, Pasonanca and Sta. Maria, bounded on the west by San Roque River and its buffer, bounded on the north by Agricultural Production Zone, Residential-1 Zone (R1-Z), General Institutional Zone, Residential-1 Zone (R1-Z), and Parks and Recreation Zone, bounded on the east by Tumaga River and Sucabon Creek and its buffer, and bounded on the south by Utilities, Transportation and Services Zone (UTS-Z), Special Institutional Zone, Cemetery Zone and Parks and Recreation Zone, except the areas of R3-Z and Agricultural Protection Zones.

 

4. The area located at Barangays Sta. Maria, Tetuan, Tugbungan and Talon-Talon, bounded on the west by Sucabon Creek and its buffer, bounded on the north by R3-Z and Tumaga River and its buffer, bounded on the east by Industrial-2 Zone (I2-Z), and bounded on the south by Commercial-3 Zone (C3-Z), Cemetery Zone, and I2-Z, except the area of Cemetery Zone.

 

5. The area located at Barangays Tumaga, Pasonanca, Lunzuran, Lumbangan, Divisoria, Putik and Guiwan, bounded on the south and west by Tumaga River and its buffer, bounded on the north by Residential-3 Zone (R3-Z), Residential-2 Zone (R2-Z), and Socialized Housing Zone, and bounded on the east by Putik River and its buffer, and R3-Z, except the areas of R3-Z and Cemetery/Memorial Park Zones.

 

6. The area located at Barangays Putik, Divisoria and Boalan, starting at Putik River and its buffer, running 500 meters parallel to the MCLL Highway on both sides up to Boalan River and its buffer, except the areas of Utilities, Transportation and Services Zone (UTS-Z), Agricultural Protection Zone, and Lake Sub-Zone.

                                                     

7. The area located at Barangays Lunzuran, Lumbangan and Boalan, starting at Putik River and its buffer, running 300 meters parallel to the By-pass Road on both sides up to Boalan River and its buffer except the Cemetery/Memorial Park Zone.

 

8. The area located at Barangays Boalan, Pasobolong and Mercedes, bounded on the west by Boalan River and its buffer, bounded on the north by Agricultural Production Zone, bounded on the east by Mercedes River and its buffer, and bounded on the south by General Institutional Zone, High Density Residential Zone (R3-Z), Cemetery/Memorial Park Zone, and Parks and Recreation Zone, except the areas of General Institutional Zone and Lake Sub-Zone.

 

9. The area located at Barangays Culianan, Guisao and Cabaluay, bounded on the west and north by Agricultural Protection Zone and Agricultural Production Zone, bounded on the east by Commercial-1 Zone (C1-Z) and Residential-2 Zone (R2-Z), and bounded on the south by Agricultural Protection Zone and Culianan River and its buffer.

 

10. The area located at Barangay Sangali, bounded on the west by Agricultural Production Zone and Residential-2 Zone (R2-Z), bounded on the north by the Bunguiao Road, bounded on the east by Industrial-3 Zone (I3-Z), and bounded on the south by Agricultural Production Zone.

 

11. The area located at Barangay Curuan, bounded on the west by Agricultural Production Zone, bounded on the north by Curuan River and its buffer and General Institutional Zone, and bounded on the east and south by Agricultural Protection Zone.

 

12. The area located at Barangays Mangusu and Vitali, starting at 280 meters away from junction of MCLL Highway and Tamaraan-Dungcaan Road, then running 100 meters on both sides of MCLL highway towards the north up to the Agricultural Protection Zone, and 50 meters on both sides of the road going to Vitali Technical Vocational School, except the Vitali River and its buffer.

 

1. The following areas are hereby identified to be in Commercial-3 Zone (C3-Z):

 

1. That area located at Barangays Campo Islam and San Jose Gusu, bounded on the west by Special Institutional Zone, bounded on the north by Labuan-Limpapa National Road, San Roque Road, and Utilities, Transportation and Services Zone (UTS-Z), bounded on the east by San Jose Gusu River and its buffer, and bounded on the south by Raja Mudah Mandi Road.

 

2. The area located at Barangays San Jose Gusu, Baliwasan, San Jose Cawa-Cawa, Canelar, Sto. Niño, Camino Nuevo, Tetuan, Zone I, II, III and IV, Sta. Catalina, and Sta. Barbara, bounded on the west by San Jose Gusu River and its buffer, bounded on the north by (UTS-Z), C2-Z and Cemetery Zone, bounded on the east by C2-Z, Industrial-1 Zone (I1-Z), and Residential-3 Zone (R3-Z), and bounded on the south by General Institutional Zone, Tourism Zone (Historical Heritage), UTS-Z, Parks and Recreation Zone, Cemetery Zone, and Industrial-3 Zone (I3-Z), except the areas of General Institutional Zone in Sta. Catalina and Sucabon Creek and its buffer.

 

3. The area located at Barangays Mercedes and Culianan, bounded on the west by Mercedes River and its buffer, bounded on the north by Culianan River and its buffer, bounded on the east by Agricultural Protection Zone, Cemetery Zone, Industrial-1 Zone (I1-Z), General Institutional Zone, and Utilities, Transportation and Services Zone (UTS-Z), and bounded on the south by Sta. Filomena Street.

 

1. The following areas are hereby identified to be in Industrial-1 Zone (I1-Z):

 

1. The area located at Barangay Sinubong, bounded on the west by the shoreline, bounded on the north by Tinuba River and its buffer, bounded on the east by Labuan-Limpapa National Road, and bounded on the south by ZamboEcozone.

 

2. The area located at Barangays Sta. Catalina and Kasanyangan, bounded on the west by Martha Drive, bounded on the north by Catalina Road, bounded on the east by Industrial-3 Zone (I3-Z), and bounded on the south by Residential-3 Zone (R3-Z).

 

3. The area located at Barangays Tugbungan, Talon-Talon and Mampang, 300 meters away from Talon-Talon-Mampang Road on its northern portion, bounded on the south and west by Industrial-2 Zone (I2-Z), and bounded on the north and east by Aquaculture Sub-Zone (Aq-SZ).

 

4. The area located at Barangays Mercedes and Talabaan, bounded on the west by Socorro Street, bounded on the north by Balinsungay Road, bounded on the east by Agricultural Protection Zone, and bounded on the south by Talabaan Road, except the areas of Cemetery Zone, General Institutional Zone, and Lake Sub-Zone.

 

1. The following areas are hereby identified to be in Industrial-2 Zone (I2-Z):

 

1. The area located at Barangays Talisayan and Pamucutan, 570 meters away from Labuan-Limpapa National Road towards Pamucutan Road, bounded on the west by Industrial-3 Zone (I3-Z) and Special Institutional Zone, bounded on the north by Agri-Industrial Zone (AgIndZ) and Agricultural Production Zone, bounded on the east by Agricultural Production Zone, and bounded on the south by Pamucutan Road.

 

2. The area located at Barangay Campo Islam, bounded on the west by Special Institutional Zone, bounded on the north by Raja Mudah Mandi Road, bounded on the east by San Jose Gusu River and its buffer, and bounded on the south by the sea.

 

3. The area located at Barangays Kasanyangan, Tetuan, Tugbungan, Talon-Talon and Mampang, bounded on the west by Industrial-1 Zone (I1-Z) and Commercial-2 Zone (C2-Z), bounded on the north by C2-Z, Residential-3 Zone (R3-Z), I1-Z, and Aquaculture Sub-Zone (Aq-SZ), bounded on the east by Mangrove Zone, and bounded on the south by Stilt Settlement Zone, Buffer/Greenbelt Zone, R3-Z, and Cemetery Zone, except the area of Cemetery Zone in Talon-Talon.

 

4. The area located at Barangay Zambowood, bounded on the south and west by Aquaculture Sub-Zone (Aq-SZ), bounded on the north by Residential-3 Zone (R3-Z), and bounded on the east by Utilities, Transportation and Services Zone (UTS-Z).

 

1. The following areas are hereby identified to be in Industrial-3 Zone (I3-Z):

 

1. The area located at Barangays Talisayan, Ayala, Recodo, Cawit and Maasin, bounded on the south and west by the sea, bounded on the north by Ecozone, Agri-Industrial Zone (AgIndZ), Industrial-2 Zone (I2-Z), Residential-2 Zone (R2-Z), and Agricultural Protection Zone, and bounded on the east by R2-Z, except the areas of Cemetery/Memorial Park Zone and Special Institutional Zone in Ayala, Ayala and Cawit Rivers and its buffer, Agricultural Protection Zone in Talisayan and Ayala, and Aquaculture Sub-Zone (Aq-SZ) in Cawit.

 

2. The area located at Barangay Baliwasan, bounded on the west by San Jose Gusu River and its buffer, bounded on the north by Commercial-3 Zone (C3-Z), bounded on the east by General Institutional Zone, and bounded on the south by the sea.

 

3. The area located at Barangays Sangali and Bolong, bounded on the west by Commercial-2 Zone (C2-Z), bounded on the north by Agricultural Protection Zone and Agricultural Production Zone, bounded on the east by the sea and Bolong River and its buffer, and bounded on the south by the sea.

 

1. The following areas are hereby identified to be in General Institutional Zone (GIZ):

 

1. The area located at Barangay Patalon, bounded on the west by Labuan-Limpapa National Road, bounded on the north by Patalon River and its buffer, and bounded on the east and south by Residential-1 Zone (R1-Z).

 

2. The area located at Barangays Calarian and San Jose Gusu, bounded on the west by Golf Course, bounded on the north by Parks and Recreation Zone, Residential-3 Zone (R3-Z), and Cemetery Zone, bounded on the east by San Roque Road, and bounded on the south by Labuan-Limapapa National Road.

 

3. The area located at Barangay Baliwasan, starting at the intersection point of San Jose Road and Major C.A. Fernandez (Baliwasan Chico) Road, moving southeast following San Jose Road down to San Jose Cawa-Cawa Cemetery, moving south sharing boundary of said cemetery down to Don Basilio Navarro Street, moving southwest following Navarro Street down to RT Lim Boulevard, moving 80 meters northwest following RT Lim Boulevard, then moving southwest down to the shoreline, then following the shoreline moving northwest up to the boundary of Industrial-3 Zone (I3-Z), then moving north sharing boundary with I3-Z up to the boundary of Commercial-2 Zone (C2-Z) and Baliwasan Chico Road, then moving north following Baliwasan Chico Road back to the point of beginning as shown in the map.

 

4. The area located at Barangay Cabatangan, starting at the intersection of the Circumferential Road and Lupong Road, an outer line is drawn 100 lineal meters from the center of the Circumferential Road, then running clockwise direction and parallel with the Circumferential Road returning back to its point of beginning.

 

5. The area located at Barangay Sta. Catalina, bounded on the west by Veterans Avenue, bounded on the north by Evangelista Street, and bounded on the east and south by Commercial-3 Zone (C3-Z).

 

6. The area located at Barangays Sta. Barbara and Rio Hondo, bounded on the west by Tourism Zone (Historical Heritage) and Veterans Avenue, bounded on the north by Commercial-3 Zone (C3-Z) and Residential-3 Zone (R3-Z), bounded on the east by Aquaculture Sub-Zone and Socialized Housing Zone, and bounded on the south by the shoreline.

 

7. The area located at Barangay Pasobolong, 220 meters away from MCLL Highway towards Pasobolong Road, bounded by Commercial-2 Zone (C2-Z).

 

8. The area located at Barangay Mercedes, 370 meters away from MCLL Highway, bounded on the west and north by Residential-3 Zone (R3-Z), bounded on the east by Commercial-2 Zone (C2-Z) and Mercedes River and its buffer, and bounded on the south by Residential-1 Zone (R1-Z).

 

9. The area located at Barangay Mercedes, bounded on the west by Socorro Street, and bounded on the north, east and south by Industrial-1 Zone (I1-Z).

 

10. The area located at Barangay Manicahan, bounded on the west by Agricultural Protection Zone, bounded on the north and south by Agricultural Production Zone, and bounded on the east by MCLL Highway.

 

11. The area located at Barangay Curuan, bounded on the west by MCLL Highway, bounded on the north by Residential-1 Zone (R1-Z), bounded on the east by Agricultural Production Zone and Cemetery Zone, bounded on the south by Commercial-2 Zone (C2-Z), Parks and Recreation Zone, and Agricultural Production Zone, except the area of Curuan River and its buffer.

 

12. The area located at Barangay Vitali, 300 meters away from MCLL Highway towards Vitali Technical Vocational School, bounded on the west by Agricultural Production Zone, bounded on the north by Agricultural Protection Zone, bounded on the east by Agricultural Production Zone, and bounded on the south by Agricultural Protection Zone, Commercial-2 Zone (C2-Z), and Agricultural Production Zone.

 

 

1. The following areas are hereby identified to be in Special Institutional Zone (SI-Z):

 

1. The area located at Barangay Talisayan, 350 meters away from Labuan-Limpapa National Road on its eastern portion, bounded on the north by the road going to Hermosa Farm, bounded on the east by Industrial-2 Zone (I2-Z), and bounded on the south and west by Industrial-3 Zone (I3-Z) as shown in the map.

 

2. The area located at Barangay Malagutay known as Lot 1 (Consolidation and Subdivision of Lot 618 and Lot 617), owned by the Republic of the Philippines reserved for use as a target range for the Post of Zamboanga.

 

3. The area located at Barangay Calarian known as Lot 303-A and 303-B, owned by Mindanao Central Sanitarium per Presidential Decree No. 1491, and Lot 302-A-1, owned by Bureau of Telecom per Presidential Decree No.1491, and Lot Nos. 302, 301-A, 301-B, 302-B, 302-A-2-C per Presidential Proclamation No. 112 series 36, dated November 19, 1936.

 

4. The area located at Barangay Sta. Maria, starting at Gate 2 of Edwin Andrews Air Base (EAAB), bounded on the west and north by the Commercial-2 Zone (C2-Z), bounded on the east by C2-Zand Sta. Maria Public Cemetery, and bounded on the south by the Airport as shown in the Map.

 

5. The area located at Barangay Mercedes, starting at 670 meters away from the junction MCLL Highway towards Ñor Pab Miguel Road, sharing boundaries with Residential-3 Zone (R3-Z) and the Parks and Recreation Zones as shown in the map.

 

1. The following areas are hereby identified to be in Tourism Zone (T-Z):

 

1. The area located at Barangay Zone IV, declared as Historical Heritage, starting from the intersection point of Don P. Lorenzo St. and an alley at the back of the Sunken Garden, a line is drawn northwest up to Rajah Sulaiman St., northeast to J. S. Alano St., southeast to Don P. Lorenzo St., northeast to Zaragosa St., northwest to I. Magno St., northeast to Don P. Lorenzo St., southwest to Gen. Vicente Alvarez St., then towards east and north of Plaza Roma, then southeast crossing Plaza Roma and straight to Maria Clara St. up to Rizal St., then southeast following Rizal St. up to the road between BIR/Tennis court and Central Bank property, north up to Legionnaire St., east to Sta. Barbara Rd., southeast Sta. Barbara-Rio Hondo Rd. up to the road between the Fort Pilar Shrine and Zamboanga State College of Marine Sciences & Technology (ZSCMST), then following this road up to the shoreline of the reclaimed area at the back of the shrine, then following the shoreline to Corcuera Extension up to Don P. Lorenzo and back to the point of beginning.

 

2. The whole area of Great and Little Sta. Cruz Island.

 

3. The whole area of Barangays Tigtabon and Pangapuyan.

 

4. The area located at Barangays Mercedes, Talabaan and Taluksangay, bounded on the west by Mangrove Zone and Residential-2 Zone (R2-Z), bounded on the north by Utilities, Transportation and Services Zone (UTS-Z), bounded on the east by R2-Z and Mangrove Zone, and bounded on the south by Mangrove Zone and Shoreline.

 

5. The area located at Barangay Bolong, the whole stretch of Bolong Beach and the Pitas Island.

 

6. The area located at Barangays Panubigan, Lubigan and Dita, the stretch of the beach of the said barangays, and the eleven (11) Islands.

 

7. The area located at Barangay Curuan, bounded on the west by Mangrove Zone, Aquaculture Sub-Zone (Aq-SZ) and Curuan River and its buffer, and bounded on the north, east and south by the shoreline.

 

8. The Bog Lake area located at Barangays Calarian, Malagutay and San Roque.

 

1. The following areas are hereby identified to be in Parks and Recreation Zone (PR-Z):

 

1. The area located at Barangay Calarian, bounded on the west by Foreshore Land Sub-Zone, bounded on the north by Labuan-Limpapa National Road, bounded on the east by Residential-3 Zone (R3-Z), and bounded on the south by the shoreline.

 

2. The area located at Barangay Malagutay, San Roque and Calarian, the buffer area of Bog Lake.

 

3. The area of Golf Course and Golf Beach Resort located at Barangay Calarian.

 

4. The area located at Barangay Sta. Maria, bounded on the west by Maria Road, bounded on the north by Commercial-2 Zone (C2-Z), bounded on the east by Sucabon Creek, and bounded on the south by Commercial-3 Zone (C3-Z).

 

5. The area located at Barangay Pasonanca, bounded on the west by Pasonanca Road, bounded on the north by Agricultural Production Zone, bounded on the east by Tumaga River and its buffer, and bounded on the south by Commercial-2 Zone (C2-Z).

 

6. The area located at Barangays Boalan and Zambowood, bounded on the west by MCLL Highway, bounded on the north by Commercial-2 Zone (C2-Z) and Cemetery/Memorial Park Zone, bounded on the east by Residential-3 Zone (R3-Z) and Special Institutional Zone, and bounded on the south by Zambowood Road, except the Lake Sub-Zone.

 

7. The buffer of Lake Sub-Zone located at Barangays Zambowood and Mercedes.

 

1. The following areas are hereby identified to be in Cemetery/Memorial Park Zone (C/MP-Z):

 

1. The area located at Barangay Ayala bounded by north by Labuan-Limpapa National Road, on the east and west by Industrial III Zone and on the south by the sea, known as Our Lady Mount Carmel Cemetery.

 

2. The area located at Barangay Maasin and Sinunuc, bounded on the west by Commercial-1 Zone (C1-Z) and Residential-2 Zone (R2-Z), bounded on the north and east by R2-Z, and bounded on the south by Labuan-Limpapa National Road, known as Zamboanga Memorial Gardens.

 

3. The area located at Barangay Calarian, bounded on the west by Commercial-1 Zone (C1-Z) and Residential-2 Zone (R2-Z), bounded on the north by Special Institutional Zone, Residential-3 Zone (R3-Z), and Bog Lake and its buffer, bounded on the east by R3-Z, and bounded on the south by Labuan-Limpapa National Road, known as Lund Memorial Garden.

 

4. The area located at Barangay San Roque, 80 meters from San Roque Road on its western side, bounded by Residential-3 Zone (R3-Z), known as San Roque Chinese Memorial Park.

 

5. The area located at Barangays Calarian, San Roque and San Jose Gusu, bounded on the west by Residential-3 Zone (R3-Z) and General Institutional Zone, bounded on the north by R3-Z, bounded on the east by San Roque Road, and bounded on the south by General Institutional Zone, known as Our Lady of Peñafrancia Catholic Cemetery and Roman Catholic Memorial Park.

 

6. The area located at Barangay San Jose Cawa-Cawa, bounded on the west by General Institutional Zone, bounded on the north by San Jose Road, bounded on the east and south by Commercial-3 Zone (C3-Z), known as Cementerio Catolico.

 

7. The area located at BarangaySta. Maria, bounded on the west by Special Institutional Zone, bounded on the north and south by Commercial-2 Zone (C2-Z), and bounded on the east by Saavedra Street, known as Maria Catholic Cemetery.

 

8. The area located at Barangay Tetuan, 80 meters away from Veterans Avenue Extension on its eastern portion, bounded by Commercial-2 Zone (C2-Z), known as Cruz Memorial Park.

 

9. The area located at Barangay Tetuan, bounded on the west by Veterans Avenue, bounded on the north and east by Commercial-2 Zone (C2-Z), and bounded on the south by Don Toribio Street, except the area of Commercial-3 Zone (C3-Z), known as Municipal Cemetery, Chinese Cemetery and Roman Catholic Cemetery.

 

10. The area located at Barangay Talon-Talon, bounded on the west, north and east by Industrial-2 Zone (I2-Z), and bounded on the south by Talon-Talon Road, known as Roman Catholic Cemetery.

 

11. The area located at Barangay Mampang, 220 meters away from Mampang Road on its southern portion, bounded on the north by Industrial-2 Zone (I2-Z), and bounded on the west, east and south by R3-Z, known as Muslim Cemetery.

 

12. The area located at Barangay Mampang, bounded on the west and east by Industrial-2 Zone (I2-Z) and Residential-3 Zone (R3-Z), bounded on the north by Mampang Road, and bounded on the south by R3-Z, as shown in the map, known as Mampang Public Cemetery.

 

13. The area located at Barangay Tumaga, bounded on the west by Sun Street, bounded on the north by Residential-3 Zone (R3-Z), and bounded on the east and south by Commercial-2 Zone (C2-Z), known as Forest Lake Memorial Park (Phase I) and Hok San Chinese Cemetery.

 

14. The area located at Barangay Tumaga and Putik, bounded on the west by Commercial-2 Zone (C2-Z) and Residential-3 Zone (R3-Z), bounded on the north by R3-Z, bounded on the east by Lunzuran-Putik Road, and bounded on the south by C2-Z, known as Forest Lake Memorial Park (Phase II).

 

15. The area located at Lumbangan bounded on the west by Lumbangan Road, on the north by Agricultural Production Zone, on the east by C2-Z, and on the south by the By-pass Road, known as Hillside Memorial Garden.

 

16. The area located at Barangay Boalan, bounded on the west by Commercial-2 Zone (C2-Z), bounded on the north by MCLL Highway, bounded on the east by Residential-3 Zone (R3-Z), bounded on the south by Parks and Recreation Zone, known as Golden Haven.

 

17. The area located at Barangay Mercedes, bounded on the west by Socorro Street, bounded on the north, east and south by Industrial-1 Zone (I1-Z), known as San Pedro Cemetery.

 

18. The area located at Barangay Mercedes, bounded on the west, north, and east by Commercial-3 Zone (C3-Z), and bounded on the south by Balinsungay Road, known as Michael Cemetery.

 

19. The area located at Barangay Talabaan bounded on the west by Residential-2 Zone (R2-Z), bounded on the north and east by Aquaculture Sub-Zone, and bounded on the south by Taluksangay Road, known as Muslim Cemetery

 

20. The area located at Barangay Manicahan, bounded on the west, north and south by Agricultural Production Zone, and bounded on the east by the shoreline and Residential Zone (R2-Z), known as Manicahan Cemetery.

 

21. The area located at Barangay Bolong, bounded on the west by Residential-1 Zone (R1-Z) and Agricultural Production Zone, bounded on the north by Agricultural Production Zone, and bounded on the east and south by Tourism Zone, known as Bolong Cemetery.

 

22. The area located at Barangay Curuan, bounded on the west by General Institutional Zone, bounded on the north and south by Agricultural Production Zone, and bounded on the east by Aquaculture Sub-Zone, known as Curuan Cemetery.

 

1. The following areas are hereby identified to be in Buffer/Greenbelt Zone (B/G-Z):

 

1. The Buffer Zones intended for bank protection of all existing Rivers, Creeks and other bodies of water in Zamboanga City.

 

1. The following areas are hereby identified to be in Utilities, Transportation and Services Zone (UTS-Z):

 

1. The area located at Barangays Maasin and Sinunuc, proposed Sanitary Landfill/Transfer Station (West Area), 340 meters away from the By-Pass Road on the northeastern portion, bounded by Agricultural Production Zone.

 

2. The perimeter of Existing Airport located at Barangays San Jose Gusu, Baliwasan, Canelar and Sta. Maria.

 

3. The Zamboanga Port area located at Barangay Zone IV.

 

4. The area of Integrated Bus Terminal (IBT) located at Barangay Divisoria.

 

5. The area of the Proposed Airport and its buffer located at Barangays Mercedes, Talabaan and Taluksangay.

 

6. The area of Dumping Site located at Barangay Lumbangan.

 

7. The area of Existing Sanitary Landfill located at Barangay Salaan.

 

8. The area located at Barangay Lapakan, proposed Sanitary Landfill/Transfer Station (East Area), one (1) kilometer away from the MCLL Highway on its northwestern portion, bounded by Agricultural Production Zone.

 

9. The area located at Barangay Curuan, bounded on the west by Curuan River and its buffer, bounded on the north and east by Commercial-1 Zone (C1-Z), and bounded on the south by MCLL Highway.

 

1. The following areas are hereby identified to be in Ecozone or Special Economic Zone (SEZ):

 

1. The Ecozone area (per Presidential Proclamation No. 1099, series of 1997) located at Barangays Limpapa, Labuan, Patalon, and La Paz, Sinubong and Pamucutan.

 

2. The Ecozone area (per Presidential Proclamation Nos. 111, 112 and 113, series of 2001) located at Barangays Sinubong, Talisayan and Pamucutan.

 

SECTION 10. Interpretation of Zone Boundaries. The following rules shall apply in the interpretation of the boundaries indicated on the Official Zoning Map:

 

1. Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the streets or highways 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 therefrom as indicated in the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown in said zoning map.

 

4. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line should be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines.

 

5. Where a lot of one ownership, as of record 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. In cases where no structures exist within lots that are divided by different zone boundary lines, the City Zoning Board of Adjustment and Appeals (CZBAA) shall be the one to determine the lot’s official zoning classification.

 

6. Where zone boundaries are indicated by Lot Parcels or said to be one-lot deep, this should mean that the said zone boundaries are defined by the parcellary subdivision existing at the time of the passage of this Ordinance.

 

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

 

ARTICLE V

ZONE POLICIES AND REGULATIONS

 

SECTION 11. General Provisions. Prime agricultural lands such as irrigated rice field, mangroves and other protected areas shall be preserved in accordance with existing national laws.

 

Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the locality with due regard to the maintenance of the essential qualities of the zone.

 

Specific uses/activities of lesser density within a particular zone (R2-Z) may be allowed within the zone of higher density (R3-Z) but not vice versa, nor in another zone and its subdivisions (e.g. C1-Z, C2-Z), except for uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not inter-zonal.

 

All foreshore lands still open to the view of the public and with opportunities for valuable physical and visual interactions of the seafront shall no longer be leased out or occupied or be subjected to reclamation, except for research and educational purposes and with the approval of the Zoning Board of Adjustments and Appeals through a Board Resolution. Any development that may be introduced along these areas must consider enhancing further the view and vantage points from the inland portion of the sea and measures to preserve or maintain them must be adopted.

 

Parking

• Parking requirements shall be per minimum standards of the National Building Code and Batas Pambansa Blg. 344, the Accessibility Law and shall be used for free by the customers.
• Free parking areas and slots shall be clearly marked in order to provide sufficient guidance to the users; signs shall be unobtrusive but shall clearly define entry and exit points.
• Free parking spaces shall have distinct entry and exit points and shall be buffered from the sidewalk by visual barriers such as planting strips.
• There shall be a distinct delineation between sidewalks and free parking spaces and the latter shall in no case occupy spaces allotted to the former.
• Open and un-landscaped parking lots of 500 square meters or less may be allowed, however, should an open-lot parking of more than 500 square meters be necessary, these shall be so landscaped to have the park-like character.
• The Certificate of Title of lots duly designated as offsite parking to a particular building or structure shall be properly annotated and registered at the Register of Deeds.

 

Open Spaces

• Ample ground open spaces should be landscaped and made accessible to pedestrians. Aside from providing ample green areas, the provision of adequate ground open spaces in each property can increase valuable street-level frontages.

 

Landscaping

• All development proposals shall be accompanied by a landscaping plan for review and recommendation by the Zoning Administrator based on existing guidelines more particularly in the Waterfront Development and Historical Preservation Areas.

 

Fencing

• The construction of fences shall likewise observe the necessary set back.
• No construction of any fence shall be allowed less than two (2) meters from the edge of the carriageway.

 

Skywalks

• The construction of skywalks linking major infrastructure projects shall be encouraged. Planning and design shall, however, put an important consideration on possible view obstructions, which shall be avoided.

 

Arcades

• These shall provide weather protection, enhanced comfort and greater mobility to pedestrians. All developments are encouraged to provide arcades, which shall at least be 3.0 meters from the property line to the edge of the structure with a minimum vertical clearance of 4.27 meters.
• No abutting fences shall be allowed in this area and landscaping techniques may delineate property lines.
• Arcades shall comply with the provisions of Rule VI Arcades and Sidewalks of the National Building Code.

 

Zone regulations refer to Use and Building Regulations as described below:

 

Allowable Uses

• The uses enumerated in the succeeding sections are not exhaustive nor all inclusive. The City Zoning Board of Adjustment and Appeals (CZBAA) may allow other uses subject to the requirements of the Mitigating Devices provision of this Ordinance.

 

Building Regulations

• Building regulations specify whether buildings/structures may be allowed in specific zones/sub-zones. When allowed, buildings/structures shall be designed, constructed and operated in accordance with the requirements of each zone’s/sub-zone’s governing authority as well as with the relevant provisions of the National Building Code (NBC) and this Ordinance.
• In certain zones, the design of buildings/structures may also be regulated by this Ordinance according to Building Height Limit in consonance with the NBC and to architectural design to ensure harmony with the desired character of the zone in consideration.

 

Any subsequent amendments or supplemental guidelines issued by the HLURB relative hereto shall be adopted by the city to form part of this list.

 

SECTION 12. Regulations in Base Zones. Base Zones refer to the primary zoning classification of areas within the City and that are provided with a list of allowable uses and regulations on building density and bulk, among others.

 

SECTION 12.1. Regulations in Forest Zone. The Forest Zone includes the Protection Forest and Production Forest. The following regulations shall be applied in accordance with the relevant provisions of the Revised Forestry Code, Revised Public Land Act of 1937, NIPAS Act of 1992, and specific proclamations of Forest Reservations, and related issuances as well as with approved City Forest Land Use Plan (FLUP), if any.

 

SECTION 12.1.1. Protection Forest Sub-Zone

 

SECTION 12.1.1.1. Forest Reserve Sub-Zone. The forest zone is to preserve areas with steep slopes, scenic vistas, mangroves, and areas with permanent forest cover in order to minimize soil erosion, provide marine sanctuaries, and enhance the protection function of mangroves from storm surges, tsunami, and strong typhoons, respectively.

 

Allowable Uses/Activities

• Reforestation
• Religious ceremonies of Indigenous Peoples (IPs)
• Burial sites of IPs
• Scientific studies that do not involve gathering of species or any alteration in the area.

 

Building Regulations

• No permanent buildings or structures are allowed.

 

SECTION 12.1.1.2. NIPAS: Strict Protection Sub-Zone. Per the NIPAS Act, this is an area that has “…high bio-diversity value which shall be closed to all human activity except for scientific researches studies…”.

 

Allowable Uses/Activities

• Allowable uses/activities shall be in accordance with the Protected Area Management Plan (PAMP) as approved by the Protected Area Management Board (PAMB). These may include:
• Scientific studies
• Ceremonial or religious use by indigenous communities
• Forest Ranger Stations

 

Building Regulations

• No permanent buildings or structures are allowed.

 

SECTION 12.1.2. Production Forest Sub-Zone

 

SECTION 12.1.2.1. NIPAS: Multiple Use Sub-Zone. This is an area “where the following may be allowed consistent with the protected area management plan; settlement, traditional and/ or sustainable land use, including agriculture, agroforestry and other income generating or livelihood activities.” (10.3.2, DENR Administrative Order No. 2008-26)

 

Allowable Uses/Activities

 

Allowable uses/activities shall be in accordance with the Protected Area Management Plan (PAMP) as approved by the Protected Area Management Board (PAMB). These may include:

• Existing settlement, traditional and/or sustainable land use, including agriculture, agroforestry and other income generating or livelihood activities.
• Areas of high recreational tourism
• Areas of educational or environmental awareness values
• Areas consisting of existing installations of national significance/interest such as development of renewable energy sources, telecommunication and electric power lines

 

Building Regulations

• When allowed, buildings and structures shall be designed, constructed and operated in accordance with the requirements of the PAMP, NBC and with the provisions of this Ordinance.

 

SECTION 12.1.2.2. Industrial Forest Plantation Sub-Zone. Per DENR DAO No. 99-53, this “refers to any tract of land planted mainly to timber producing tree species, including rubber, and/or non-timber species such as rattan and bamboo, primarily to supply the raw material requirements of forest based industries, among others.”

 

Allowable Uses/Activities

 

Allowable uses/activities shall be in accordance with the Forest Land Use Plan (FLUP) as approved by the DENR. These may include:

• Planting of timber-producing species compatible with the ecological and biophysical characteristics of the area, but not excluding rubber, durian and/or non-timber species like rattan and bamboo;
• Agricultural activities on a suitable area of at most ten percent (10%) of the plantation.

 

Building Regulations

• When allowed, buildings and structures shall be designed, constructed and operated in accordance with the requirements of the CDP, NBC and with the provisions of this Ordinance.

 

 

SECTION 12.2. Regulations in Agricultural Zone. The Agricultural Zone includes areas intended for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations… (AFMA). These include Protected Agricultural Areas (as defined by AFMA, CARL and related issuances) as well as Production Agricultural Areas as may be declared by the city.

 

Regulations shall be in accordance with AFMA, CARL, Republic Act No. 7160 or the Local Government Code of 1991 (LGC) and related issuances.

 

The purpose of the Agricultural Zone is to ensure food security for rice, corn, livestock, poultry, fisheries and other food crops for the residents of the City and provide such lands as needed for continued farming activities, conserve agricultural land, and reaffirm agricultural use, activities and operations as the primary use of the Zone. Non-agricultural uses are allowed only as accessory uses to the primary use of the land for agricultural purposes. The Zone is composed mainly of low flat land (slopes ranging between 0 to 8%), with highly productive soil and is the very essence of the City’s farming heritage and character.

 

SECTION 12.2.1. Protection Agriculture Sub-Zone. Per the AFMA, these include the Network of Protected Areas for Agriculture and Agro-industrial Development (NPAAAD) which are “agricultural areas identified by the Department (Agriculture) through the Bureau of Soils and Water Management (BSWM) in coordination with the National Mapping and Resource Information Authority (NAMRIA) in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth.”

 

 

Allowable Uses/Activities

• Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like
• Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc.
• Silviculture, mushroom culture and the like
• Pastoral activities such as goat and cattle raising
• Backyard raising of livestock and fowl, provided that

• For livestock – maximum of 1 sow and 10 heads
• For fowl – a maximum of 500 heads
  • Single-detached dwelling units of landowners
  • Customary support facilities such as palay dryers, rice threshers and storage barns and warehouses, except for pollutive and hazardous materials
  • Ancillary dwelling units/farmhouses for tenants, tillers and laborers
  • Engaging in home businesses such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
  • The number of persons engaged in such business/industry per dwelling place shall not exceed five, inclusive of owner;
  • There shall be no change in the outside appearance of the building premises;
  • No home occupation shall be conducted in any customary accessory uses cited above;
  • 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 the required front yard; and
  • No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises.
  • Home Industry classified as cottage industry provided that:
• Such home industry shall not occupy more than thirty percent of the floor area of the dwelling unit.
• There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance; and
• Such shall consider the provisions pertaining to customary accessory uses, traffic and equipment as enumerated under Home Occupation of this section.

 

Building Regulations

• When allowed, buildings and structures shall be designed, constructed and operated in accordance with the requirements of the NBC and with the provisions of this Ordinance.
• The Building Height Limit is 15.00 meters above established grade as provided in the NBC.

 

SECTION 12.2.2. Production Agricultural Sub-Zone. These are areas that are outside of NPAAAD and declared by the City of Zamboanga for agricultural use.

 

Allowable Uses/Activities

• Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like
• Growing of diversified plants and trees, such as fruit and flower bearing trees, vegetables, coffee, tobacco, etc.
• Silviculture, mushroom culture and the like
• Pastoral activities such as goat raising and cattle fattening
• Backyard raising of livestock and fowl, provided that:

• For livestock – maximum of 1 sow and 10 heads
• For fowl – a maximum of 500 heads
  • Commercial livestock and fowl
  • Rice/corn mill (single pass such as cono mill)
  • Rice/corn warehouses and solar dryers
  • Agricultural research and experimentation facilities such as breeding stations, fish farms, nurseries, demonstration farms, etc.
  • Plant nursery
  • Single-detached dwelling units of landowners
  • Customary support facilities such as palay dryers, rice threshers and storage barns and warehouses, except for pollutive and hazardous materials
  • Ancillary dwelling units/farmhouses for tillers and laborers
  • Engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that:
• The number of persons engaged in such business/industry shall not exceed five, inclusive of owner;
• There shall be no change in the outside appearance of the building premises;
• That in no case shall more than 20% of the building be used for said home occupation;
• No home occupation shall be conducted in any customary accessory uses cited above;
• 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 the required front yard; and
• No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises.
• Home Industry Classified as cottage industry provided that:
• Such home industry shall not occupy more than thirty percent of the floor area of the dwelling unit;
• There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance; and
• Such shall consider the provisions pertaining to customary accessory uses, traffic and equipment as enumerated under Home Occupation of this section.
• Class “A” slaughterhouse/abattoir

 

Building Regulations

• The Building Height Limit is 15.00 meters above established grade as provided in the NBC.

 

SECTION 12.3. Regulations in Agri-Industrial Zone. These are areas within the City intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc.

 

Allowable Uses/Activities

• Rice/corn mills
• Rice/corn mill warehouses & solar dryers
• Agricultural and/or agri-industrial research & experimentation facilities
• Drying, cleaning, curing and preserving of meat and its by-products and derivatives
• Drying, smoking and airing of tobacco
• Flour mill
• Cassava flour mill
• Manufacture of coffee
• Manufacture of unprepared animal feeds and other grain milling
• Production of prepared feeds for animals
• Cigar and cigarette factory
• Curing and re-drying tobacco leaves
• Miscellaneous processing of tobacco leaves n.e.c.
• Weaving hemp textile
• Jute spinning and weaving
• Manufacture of Charcoal
• Milk processing plants (manufacturing filled, reconstituted or recombined milk, condensed or evaporated)
• Butter and cheese processing plants
• Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related products)
• Other dairy products n.e.c.
• Large-scale poultry and livestock with integrated farm facilities
• Canning and preserving of fruits and fruit juices
• Canning and preserving of vegetables and vegetable juices
• Canning and preserving of vegetable sauces
• Miscellaneous canning and preserving of fruit and vegetables n.e.c.
• Fish canning
• Patis factory
• Bagoong factory
• Processing, preserving and canning of fish and other seafood n.e.c.
• Manufacture of desiccated coconut
• Manufacture of starch and its products
• Manufacture of wines from fruit juices
• Vegetable oil mills, including coconut oil
• Muscovado sugar mill
• Cotton textile mill
• Manufacture/processing of other plantation crops e.g. pineapple, bananas, etc.
• Other commercial handicrafts and industrial activities utilizing plant or animal parts and/or products as raw materials
• Other accessory uses incidental to agri-industrial activities
• Sugarcane milling (centrifugal and refined)
• Sugar refining
• Customary support facilities such as palay dryers, rice threshers and storage barns and warehouses, except for pollutive and hazardous materials
• Ancillary dwelling units/farmhouses for landowners, tenants, tillers and laborers
• Class “A” slaughterhouse/abattoir
• Class “AA” slaughterhouse/abattoir

 

Building Density and Bulk Regulations

• The Building Height Limit is 15.00 meters above established grade as provided in the NBC.

 

SECTION 12.4. Regulations in Municipal Waters Zone. Per Republic Act No. 8550 or the Philippines Fisheries Code of 1998, this zone covers the City Waters which “include not only streams, lakes, inland bodies of water and tidal waters within the city which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine water (boundary delineation defined in the Fisheries Code).”

 

Regulations shall be in accordance with the Fisheries Code, Presidential Decree No. 1067 or the Water Code of the Philippines, Republic Act No. 9275 or the Philippine Clean Water Act of 2004 and related issuances.

 

SECTION 12.4.1. Foreshore Land Sub-Zone. Per the Fisheries Code, this is “a string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm.”

 

Allowable Uses/Activities

• Legal Easement

 

Building Regulations

• Except for duly-approved protective coastal structures, no other permanent buildings or structures are allowed.

 

SECTION 12.4.2. Mangrove Sub-Zone. Per the Fisheries Code, this zone is characterized as “a community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts, swamps or border of swamps.”

 

Allowable Uses/Activities

• Mangrove Plantation

 

Building Regulations

• No permanent buildings or structures are allowed, except as prescribed by the DENR, and the Zamboanga City Road Map to Recovery and Reconstruction (Z3R) area.

 

SECTION 12.4.3. Lake Sub-Zone.  Per the Fisheries Code, this is “an inland body of water, an expanded part of a river, a reservoir that is formed by deposition of sediments carried by the river.

 

Allowable Uses/Activities

• Regulated fishing
• Aquaculture

 

Building Regulations

• No permanent buildings or structures are allowed.

 

SECTION 12.4.4.Aquaculture Sub-Zone. Per Fisheries Code, this is an area within the Municipal Water Zone of a city or municipality designated for “fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas”.

 

Allowable Uses/Activities

• Fishponds, as defined in the Fisheries Code
• Aquaculture, as defined in the Fisheries Code

 

 

Building Regulations

• Except for duly-approved aquaculture-related structures such as fish cages, not other temporary structures are allowed.
• No permanent buildings or structures are allowed.

 

SECTION 12.4.5. Municipal Fishing Sub-Zone. An area within the Municipal Waters Zone of a city where only municipal fishing, as defined in the Fisheries Code, is allowed.

 

Allowable Uses/Activities

• Fishing using fishing vessels of three (3) gross tons or less
• Fishing not requiring the use of fishing vessels
• Sardine

 

Building Regulations

• No permanent buildings or structure are allowed.

 

SECTION 12.4.6. Coral Sub-Zone. An area within the city with a natural aggregation of coral skeleton, having with or without living coral polyps, occurring in intertidal and subtidal marine waters.

 

Coral reefs are marine shelves or platforms formed by the consolidation of the skeleton of hermatypic corals through cementation by coralline algae and lithification processes.

 

Allowable Uses/Activities

• Regeneration of marine life
• Regulated educational and research activities

 

Building regulations

• No permanent buildings or structures are allowed.

 

SECTION 12.4.7. Seaweed Sub-Zone. This is an area within the city where all marine algae used as food or producing derivatives such as agar, agrums, algin, carrageenan, or other extracts of economic or commercial value, such as but not limited to gulaman dagat (Tagalog), lato (Visayan), gozo, (Visayan), and garnet (Ilocano).

 

Allowable Uses/Activities

• Seaweed farming or culturing
• Regeneration of marine life
• Regulated educational and research activities

 

Building Regulation

• No permanent buildings or structures are allowed.

 

SECTION 12.5. Regulations in Residential Use Zone. This is an area within the City intended principally for dwelling/housing purposes.

 

SECTION 12.5.1. Regulations in Residential-1 Zone (R1-Z).  An area within the city intended for low density residential use. R-1 Zone is characterized mainly by low-rise single-attached and duplex residential dwellings.

 

Allowable Uses

• Single-detached dwelling units
• Semi-detached family dwelling units, e.g. duplex
• Residential Subdivisions approved per P.D. 957 standards
• Home occupation for the practice of one’s profession such as offices of physicians, surgeons, dentists, architects, engineers, lawyers, Environmental Planners and other professionals or for engaging home business such as dressmaking, tailoring, baking, and the like, provided that:

• The number of persons engaged in such business/industry shall not exceed five (5), inclusive of owner;
• There shall be no change in the outside appearance of the building premises;
• That in no case shall more than 20% of the building be used for said home occupation;
• 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 the required front yard; and
• No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises.
  • Home Industry classified as cottage industry (e.g. sari-sari store), provided that:
• Such home industry shall not occupy more than thirty percent (30%) of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance;
• It shall be classified as non-pollutive/non-hazardous as provided in this Zoning Ordinance;
• Allotted capitalization shall not exceed the capitalization as set by the DTI for micro-industries (RA 10644); and
• Such shall consider the provisions pertaining to customary accessory uses, traffic and equipment/process under Home Occupation of this section.
  • Recreational facilities for the exclusive use of the members of the family residing within the premises, such as:
• Swimming pool
• Tennis courts
• Basketball courts
  • Parks and Open Spaces
  • Nursery/Elementary School
  • Tutorial services
  • Sports club
• Religious use
  • Multi-purpose/barangay hall
• Parks, playgrounds, pocket parks, parkways and promenades
  • Clinic, nursing and convalescing home, health center
  • Plant nursery
  • Customary accessory uses incidental to any of the principal uses provided that such accessory uses shall not include any activity conducted for monetary gain or commercial purposes such as:
• Servants quarters
• Private garage
• Guardhouse
• Laundries
• Non-commercial garages
• Houses for pets such as dogs, birds, rabbits and the like of not more than 4.00 sq.m. in floor area
• Pump houses
• Generator houses

Building Regulations

• Per the relevant provisions of the NBC, PD 957 and this Ordinance.
• The number of allowable storeys/floors above established grade is three (3) as provided in the NBC.
• The Building Height Limit is ten (10) meters above highest grade as provided in the NBC.

           

SECTION 12.5.2. Regulations in Residential-2 Zone (R2-Z). This is an area within the City intended for medium density residential use. Per the National Building Code, R-2 Zone is characterized mainly by low-rise and duplex or multi-level structures residential for exclusive use as multi-family dwellings.

 

Purposes

• Provide a variety of housing types and densities served by or near urban services for the projected population up 2025;
• Provide opportunities for a range of housing, including senior housing, that is compatible with the existing, established neighborhood;
• Prioritize pedestrian and bicyclists access;
• Encourage active rather than blank, inactive walls at the ground floors through the provision of landscaped areas, shops and offices; and
• Open spaces may be combined with a variety of recreational opportunities and public services to serve the local service area. Continuous sidewalk/ bike path connections throughout the residential areas shall encourage pedestrians and bicyclist access to residential areas.

 

Allowable Uses

• All uses allowed in R-1 Zone
• Apartments
• Boarding houses
• Dormitories
• Museums
• Libraries
• Elementary Schools
• High Schools
• Vocational Schools
• Pharmacy/Retail Drug Store
• Water Refilling Stations

 

Building Regulations

• Per the relevant provisions of the NBC, PD 957 and this Ordinance.
• The number of allowable storeys/floors above established grade is five (5) as provided in the NBC
• The Building Height Limit is 15.00 meters above highest grade as provided in the NBC.

 

SECTION 12.5.3. Regulations in Residential-3 Zone (R3-Z).  An area within City intended for medium to high density residential. Per the National Building Code, R3 Zone is characterized mainly by low-rise or medium-rise residential buildings for exclusive use as multi-family dwellings with mixed housing types.

 

Purposes

• The general purpose of high density residential zone is to provide housing in direct proximity to a variety of urban services and commercial uses.
• Require landscape buffers which separate neighboring land uses and arterial roadway from dwelling units;
• Facilitate public transportation alternatives and encourage pedestrian access;
• Provide opportunities for limited scale retail, office, and service uses as part of a mixed use development

 

Allowable Uses

• All uses allowed in R-2 Zone
• Residential condominiums
• Pension houses
• Hotel apartments or apartels
• Vulcanizing shop
• Flower shop
• Barbershop and Beauty shops
• Laundry Shop

 

Building Regulations

• Per the relevant provisions of the NBC, PD 957 and this Ordinance.
• The number of allowable storeys/floors above established grade is twelve (12) as provided in the NBC
• The Building Height Limit is thirty-six (36) meters above highest grade as provided in the NBC.

 

SECTION 12.5.4. Regulations in Socialized Housing Zone. An area within the City designated to housing programs and projects covering houses and lots or home lots only undertaken by the Government or the private sector for the underprivileged and homeless citizens under the UDHA Law.

 

Allowable Uses

• All uses allowed according to the provisions of BP 220 to include Housing-on-Stilts.

 

Building Regulations

• Applicable provisions of BP 220.
• Reblocking and sites and services improvement are allowed.

 

SECTION 12.6. Regulations in All Commercial Mixed-Use Zones. Low to high density commercial areas are intended for trades, services, and business activities.

 

SECTION 12.6.1.Regulations in Commercial-1 Zone (C1-Z).  A low density commercial area within the City intended for neighborhood or community scale trade, service and business activities.

 

Allowable Uses

• All uses in R-3 Zone
• Retail stores and shops like:
• Department stores
• Bookstores and office supply shops
• Art supplies and novelties
• Home appliance stores
• Car display and dealer stores
• Photo shops
• Curio or antique shops
• Pet shops and aquarium stores
• Jewelry shops
• Consumer electronics such as cellular phones, cameras, laptops, home appliances and the like
• Food market and shops like:
• Bakery, cake, pastry and delicatessen shops
• Liquor and wine stores
• Groceries
• Supermarkets
• Convenience stores
• Lechon Stands
  • Product showroom/display store
  • Warehouse/storage facility for non-pollutive/non-hazardous finished products
  • Personal service shops like:
• Medical, dental, and similar clinics
• Beauty parlor
• Barber shop
• Wellness facilities such as sauna, spa, massage and facial clinics
• Dressmaking and tailoring shop

 

• Bayad centers
• Laundries
• Internet café and cyber stations
• Photo/video, lights & sounds services
• Catering services
• Event planners
• Water stations
• Courier services
• Security agencies
• Janitorial services
• Travel agencies
• Photo and portrait studios
• Repair shops like:

• House furniture and appliances repair shops
• Motor vehicles and accessory repair shops
• Battery shops and repair shops
• Bicycle repair shops
• Repair shops for watches, bags, shoes, cellular phones, cameras, computers and the like
  • Recreational centers/establishments like:
• Play courts e.g. tennis court, bowling lane, billiard hall
• Swimming pool
• Gymnasium
  • Restaurants and other eateries
  • Shops for repacking of food products e.g. fruits, vegetables, sugar and other related products
  • Live Marine Products (Retailer only, no processing)
  • Lotto terminals, off-fronton, on-line bingo outlets and off-track betting stations
  • Parks, playgrounds, pocket parks, parkways, promenades and play lots
  • Plant nurseries
  • Vocational/technical school
  • Special Education (SPED) school
  • Short term special education like:
• Dance schools
• Schools for self-defense
• Driving school
• Speech clinics
  • Embassies/consulates
  • Financial institutions/services like:
• Banks
• Stand-alone automated teller machines
• Insurance
• Foreign exchange
• Money lending
• Pawnshops
  • Offices
  • Parking lots/garage facilities
  • Parking buildings (aboveground/underground)
  • Auto repair, tire, vulcanizing shops and car wash
  • Gasoline filling stations/services stations
  • Engraving, photo developing and printing shops
  • Printing, publication and graphics shops
  • Manufacture of insignia, badges and similar emblems except metal
  • Construction supply stores/depots
  • Funeral parlors (Category II and III)
  • Commercial housing like:
• Hotel
• Motel
• Apartment
• Apartel
• Boarding house
• Dormitory
• Pension house
  • Customary accessory uses incidental to any of the above uses such as:
• Staff houses/quarters
• Parking lots/building garage
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Building Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The number of allowable storeys/floors above established grade is three (3) as provided in the NBC
• The Building Height Limit is 10.00 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.6.2. Regulations in Commercial-2 Zone (C2-Z).  A medium to high density commercial area within the City intended for trade, service and business activities performing complementary/ supplementary functions to the CBD.

 

Allowable Uses

• All uses allowed in C-1 Zone
• Wholesale stores
• Wet and dry markets
• Shopping centers, malls and supermarkets
• Recreational center/establishments like:

• Movie house/theater
• Stadium, coliseum
• Tennis courts and sports complex
• Billiard halls, pool rooms and bowling alleys
• Sports clubhouses
• Other sports and recreational establishments
  • Bars, bistros, pubs, disco, dance halls
  • Exhibit halls
  • Convention centers and related facilities
  • Business Process Outsourcing services
  • Radio and television stations
  • Transportation terminals/garage with and without repair
  • Display for cars, tractors, etc.
  • Motorpool
  • Hauling services and garage terminals for trucks, tow trucks and buses
  • Auto sales and rentals, automotive handicraft, accessory and spare parts shops, marine craft and aircraft sales yards
  • Boat storage
  • Vehicle emission testing center
  • Machinery display shop/center
  • Welding shops
  • Machine shop service operation (repairing/rebuilding or custom job orders)
  • Medium scale junk shop
  • Glassware and metalware stores, household equipment and appliances
  • Signboard and streamer painting and silk screening
  • Printing/typesetting, copiers and duplicating services
  • Recording and film laboratories
  • Gravel and sand stores
  • Lumber/hardware
  • Paint stores without bulk handling
  • Gardens and landscaping supply/contractors
  • Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
  • Chicharon factory
  • Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried bakery products
  • Doughnut and hopia factory
  • Other bakery products not elsewhere classified (n.e.c.)
  • Manufacture of wood furniture including upholstered
  • Manufacture of rattan furniture including upholstered
  • Manufacture of box beds and mattresses
  • Funeral parlors (all categories)
  • Commercial condominium (with residential units in upper floors)
  • Commercial housing like:
• Motel
• Condotel

 

Building Regulations      

• Per the relevant provisions of the NBC and this Ordinance.
• The number of allowable storeys/floors above established grade is six (6) as provided in the NBC
• The Building Height Limit is 18.00 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.6.3. Regulations in Commercial-3 Zone (C3-Z). A high density commercial area within a city or municipality intended for regional shopping centers such as large malls and other commercial and business activities which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation. High rise hotels, sports stadium or sports complexes area also allowed in this zone. This zone may also be called as the Central Business District (CBD). 

 

Allowable Uses

• All uses allowed in C-2 Zone
• Regional Shopping Malls/Centers
• High Rise Hotel
• Sports Stadium/ Sports Complex

 

Building Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The number of allowable storeys/floors above established grade is sixty (60) as provided in the NBC
• The Building Height Limit is 180.00 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies

 

The Poblacion and DPU Commercial Districts (at DPU CBD, Mercedes and Sangali) are designed to encourage innovative uses, sites and comprehensive planning of large (2 hectares or more) land parcels. Master planning and development of larger parcels shall provide the opportunity for reasonably priced housing, enhanced public services and concurrency, infrastructure solutions and improvements, and allow creative land development through clustering, permanent preservation of wetlands and other natural areas, integration of recreational facilities and phasing of infrastructure.

 

 

SECTION 12.7. Regulations in Industrial Use Zone. Areas within the City intended for light to heavy manufacturing or production industries that are:

 

1. Non-pollutive/non-hazardous;
2. Non-pollutive/hazardous;
3. Pollutive/non-hazardous;
4. Pollutive/hazardous;
5. Highly pollutive/non-hazardous;
6. Highly pollutive/hazardous;
7. Highly pollutive/extremely hazardous;
8. Pollutive/extremely hazardous; and
9. Non-pollutive/extremely hazardous

 

SECTION 12.7.1. Regulations in Industrial-1 Zone (I1-Z). Industrial zone is intended to promote private investments in job-generating activities and to address the employment needs of the population as well as maximize the processing of traditional resources of the place, such as sea weeds, coconuts, cattle and fisheries, not only for domestic consumption, but also for exports to the rest of Mindanao, the Philippines, BIMP-EAGA, and the whole world as well.  Workers’ housing shall be accessible.  Appropriate power, water and transport shall be accessible.

 

The Industrial (I-1) Zone is an area within city intended for light manufacturing or production industries that are:

 

1. non-pollutive/non-hazardous; and
2. non-pollutive/hazardous

 

Allowable Uses

 

Non-Pollutive/Non-Hazardous Industries

• Drying fish
• Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried bakery products
• Doughnut and hopia factory
• Manufacture of macaroni, spaghetti, vermicelli and other noodles
• Other bakery production not elsewhere classified (n.e.c.)
• Life belts factory
• Manufacture of luggage, handbags, wallets and small leather goods
• Manufacture of miscellaneous products of leather and leather substitute
• Manufacture of shoes except rubber, plastic and wood
• Manufacture of slipper and sandal except rubber and plastic
• Manufacture of footwear parts except rubber and plastic
• Printing, publishing and allied industries and those n.e.c.
• Manufacture or assembly of typewriters, cash registers, weighing, duplicating and accounting machines
• Manufacture or assembly of electronic data processing machinery and accessories
• Renovation and repair of office machinery
• Manufacture or assembly of miscellaneous office machines and those n.e.c.
• Manufacture of rowboats, bancas and sailboats
• Manufacture of animal-drawn vehicles
• Manufacture of children vehicles and baby carriages
• Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc.
• Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi meter, thermometer, etc.
• Manufacture or assembly of surgical, medical, dental equipment and medical furniture
• Ice plants and cold storage buildings
• Quick freezing and cold packaging for fish and other seafoods
• Quick freezing and cold packaging for fruits and vegetables
• Popcorn/rice factory
• Manufacture of medical/surgical supplies, adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc.
• Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.)
• Manufacture of photographic equipment and accessories
• Manufacture or assembly of optical instruments
• Manufacture of eyeglasses and spectacles
• Manufacture of optical lenses
• Manufacture of watches and clocks
• Manufacture of pianos
• Manufacture of string instruments
• Manufacture of wind and percussion instruments
• Manufacture or assembly of electronic organs
• Manufacture of sporting gloves and mitts
• Manufacture of sporting balls (not of rubber or plastic)
• Manufacture of gym and playground equipment
• Manufacture of sporting tables (billiards, pingpong, pool)
• Manufacture of other sporting and athletic goods n.e.c.
• Manufacture of toys and dolls except rubber and mold plastic
• Manufacture of pens, pencils and other office and artist materials
• Manufacture of umbrella and canes
• Manufacture of buttons except plastic
• Manufacture of brooms, brushes and fans
• Manufacture of needles, pens, fasteners and zippers
• Manufacture of insignia, badges and similar emblems (except metal)
• Manufacture of signs and advertising displays (except printed)
• Small-scale manufacturing of ice cream
• Dairies and creameries
• Warehouse/Storage facility for non-pollutive/non-hazardous industries
• Parks, playgrounds, pocket parks, parkways and promenades
• Customary accessory uses incidental to any of the above uses such as:

• Staff houses/quarters
• Offices
• Eateries/canteens
• Parking lots/garage facilities
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Non-Pollutive/Hazardous Industries

• Manufacture of house furnishing
• Textile bag factories
• Canvass bags and other canvass products factory
• Jute bag factory
• Manufacture of miscellaneous textile goods, embroideries and weaving apparel
• Manufacture of fiber batting, padding and upholstery filling except coir
• Men’s and boys’ garment factory
• Women’s and girls’ and ladies’ garments factory
• Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories
• Manufacture of raincoats and waterproof outer garments except jackets
• Manufacture of miscellaneous wearing apparel except footwear
• Manufacture of miscellaneous fabricated mill work and those n.e.c.
• Manufacture of wooden and cane containers
• Sawali, nipa and split cane factory
• Manufacture of bamboo, rattan and other cane baskets and wares
• Manufacture of cork products
• Manufacture of wooden shoes, shoe lace and other similar products
• Manufacture of miscellaneous wood products and those n.e.c.
• Manufacture of miscellaneous furniture and fixture except primarily of metals and those n.e.c.
• Manufacture of paper stationery, envelopes and related articles
• Manufacture of dry ice
• Repackaging of industrial products e.g. paints, varnishes and other related products
• Pumping plants [water supply, storm drainage, sewerage, septage, irrigation and waste treatment plants]
• Warehouse/Storage Facility for non-pollutive/hazardous industries
• Customary accessory uses incidental to any of the above uses such as:

• Staff houses/quarters
• Offices
• Eateries/canteens
• Parking lots/garage facilities
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is fifteen (15) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.7.2. Regulations in Industrial-2 Zone (I2-Z). An area within city intended for medium intensity manufacturing or production industries that area:

 

1. pollutive/non-hazardous; and
2. pollutive/hazardous

 

Allowable Uses

 

Pollutive/Non-Hazardous Industries

• Poultry processing and canning
• Large-scale manufacturing of ice cream
• Ice plants and cold storage

• Corn mill/rice mill
• Chocolate and cocoa factory
• Candy factory
• Chewing gum factory
• Peanuts and other nuts factory
• Other chocolate and confectionery products
• Manufacturing of flavoring extracts
• Manufacture of food products n.e.c. (vinegar, vetsin)-
• Manufacture of fish meal
• Oyster shell grading
• Manufacture of medicinal and pharmaceutical preparations
• Manufacture of stationery, art goods, cut stone and marble products
• Manufacture of abrasive products
• Manufacture of miscellaneous non-metallic mineral products n.e.c.
• Manufacture of cutlery, except table flatware
• Manufacture of hand tools
• Manufacture of general hardware
• Manufacture of miscellaneous cutlery hand tools and general hardware n.e.c.
• Manufacture of household metal furniture
• Manufacture of office, store and restaurant metal furniture
• Manufacture of metal blinds, screens and shades
• Manufacture of miscellaneous furniture and fixture primarily of metal n.e.c.
• Manufacture of fabricated structural iron and steel
• Manufacture of architectural and ornamental metal works
• Manufacture of boilers, tanks and other structural sheet metal works
• Manufacture of other structural products n.e.c.
• Manufacture of metal cans, boxes and containers
• Manufacture of stamped coated and engraved metal products
• Manufacture of fabricated wire and cable products
• Manufacture of heating, cooking and lighting equipment except electrical
• Sheet metal works generally manual operation
• Manufacture of other fabricated metal products except machinery and equipment n.e.c.
• Manufacture or assembly of agricultural machinery and equipment
• Native plow and harrow factory
• Repair of agricultural machinery
• Manufacture or assembly of service industry machines
• Manufacture or assembly of elevators and escalators
• Manufacture or assembly of sewing machines
• Manufacture or assembly of cooking ranges
• Manufacture or assembly of water pumps
• Refrigeration industry
• Manufacture or assembly of other machinery and equipment except electrical n.e.c.
• Manufacture or assembly of electrical apparatus
• Manufacture or assembly of electrical cables and wires
• Manufacture of other electrical industrial machinery and apparatus n.e.c.
• Manufacture or assembly of electric equipment—radio, television, tape recorder, stereo
• Manufacture or assembly of radio and television transmitting, signaling and detection equipment
• Manufacture or assembly of telephone and telegraphic equipment
• Manufacture of other electronic equipment and apparatus n.e.c.
• Manufacture of industrial and commercial electrical appliances
• Manufacture of household cooking, heating and laundry appliances
• Manufacture of other electrical appliances n.e.c.
• Manufacture of electric lamp fixtures
• Warehouse/Storage Facility for pollutive/non-hazardous
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses

 

Pollutive/Hazardous Industries

• Flour mill

• Cassava flour mill
• Manufacture of coffee
• Manufacturing of unprepared animal feeds, other grain milling n.e.c.
• Production prepared feeds for animals
• Grains and cement silos
• Textile and fiber spinning mills
• Weaving hemp textile
• Jute spinning and weaving
• Miscellaneous spinning and weaving mills n.e.c.
• Hosiery mill
• Underwear and outwear knitting mills
• Garment and undergarment factories
• Fabric knitting mills
• Miscellaneous knitting mills n.e.c.
• Manufacture of mats and mattings
• Manufacture of carpets and rugs
• Manufacture of cordage, rope and twine
• Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
• Manufacture of linoleum and other surface coverings
• Manufacture of artificial leather, oil cloth and other fabrics except rubberized
• Manufacture of coir
• Manufacture of miscellaneous textile n.e.c.
• Manufacture of rough lumber, unworked
• Manufacture of worked lumber
• Re-sawmills
• Woodworking establishments, lumber and timber yards
• Planning mills and sawmills, veneer plants
• Manufacture of veneer, plywood and hardwood
• Manufacture of doors, windows and sashes
• Treating and preserving of wood
• Wood drying kilns
• Manufacture of wood and cane blinds, screens and shades
• Pulp, paper and paperboard factories
• Manufacture of containers and boxes of paper and paper boards
• Wood and cardboard box factories
• Manufacture of miscellaneous pulp and paper products n.e.c.
• Manufacture of perfumes, cosmetics and other toilet preparations
• Manufacture of waxes and polishing preparations
• Manufacture of candles
• Manufacture of inks
• Manufacture of miscellaneous chemical products n.e.c.
• Tire retreating and rebuilding
• Manufacture of rubber shoes and slippers
• Manufacture of industrial and molded rubber products
• Manufacture of table and kitchen articles
• Manufacture of pottery, china and earthen ware n.e.c.
• Manufacture of flat glass
• Manufacture of glass containers
• Manufacture of miscellaneous glass and glass products n.e.c.
• Manufacture of clay bricks, clay tiles and hollow clay tiles
• Manufacture of miscellaneous structural clay products n.e.c
• Manufacture of structural concrete products
• Manufacture of asbestos products
• Manufacture of engines and turbines except motor vehicles, marine and aircraft
• Manufacture of metal cutting, shaving and finishing machinery
• Manufacture of wood working machinery
• Manufacture, assembly, rebuilding, repairing of food and beverage making machinery
• Manufacture, assembly, rebuilding, repairing of textile machinery and equipment
• Manufacture, assembly, rebuilding, repairing of paper industry machinery
• Manufacture, assembly, rebuilding, repairing of trade machinery and equipment
• Manufacture of rice mills
• Manufacture of machines for leather and leather products
• Manufacture of construction machinery
• Manufacture of machines for clay, stove and glass industries
• Manufacture, assembly, repair and rebuilding of miscellaneous special industrial machinery and equipment n.e.c.
• Manufacture of dry cells, storage battery and other batteries
• Boat building and repairing
• Ship repairing industry, dock yards, dry dock, shipways
• Miscellaneous shipbuilding and repairing n.e.c.
• Manufacture of locomotives and parts
• Manufacture of railroad and street cars
• Manufacture or assembly of automobiles, cars, buses, trucks and trailers
• Factories for engines and turbines and attached testing facilities
• Hangars
• Manufacture and assembly plants of aircraft engine
• Repair and testing shops for aircraft engines and parts
• Manufacture of wood furniture including upholstered
• Manufacture of rattan furniture including upholstered
• Manufacture of box beds and mattresses
• Paint stores with bulk handling
• Paint shops and spray painting rooms
• Signs and billboards painting shops
• Warehouses where highly combustible materials are stored
• Factories where loose combustible fiber or dirt are manufactured, processed or generated
• Warehouse for pollutive/hazardous
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses
• Class “A” slaughterhouse/abattoir
• Class “AA” slaughterhouse/abattoir

 

Building Density and Bulk Regulation

• Per the relevant provisions of the NBC and this Ordinance
• The Building Height Limit is twenty-one (21) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.7.3. Regulations in Industrial-3 Zone (I3-Z). An area within the city intended for heavy manufacturing or production industries that are:

1. highly pollutive/non-hazardous;

1. highly pollutive/hazardous
2. highly pollutive/extremely hazardous
3. pollutive/extremely hazardous
4. non-pollutive/extremely hazardous

 

Allowable Uses

 

Highly Pollutive/Non-Hazardous Industries

• Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon
• Milk processing plants (manufacturing filled, reconstituted, or recombined milk, condensed or evaporated)
• Butter and cheese processing plants
• Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream-related products)
• Other dairy products n.e.c.
• Canning and preserving of fruits and fruit juices
• Canning and preserving of vegetables and vegetable juices
• Canning and preserving of vegetable sauces
• Miscellaneous canning and preserving of fruits and vegetables n.e.c.
• Fish canning
• Patis factory
• Bagoong factory
• Processing, preserving and canning of fish and other seafood n.e.c.
• Manufacture of dessicated coconut
• Manufacture of starch and its by-products
• Manufacture of wines
• Manufacture of malt and malt liquors
• Manufacture of soft drinks, carbonated water
• Manufacture of instant beverages and syrups
• Other non-alcoholic beverages n.e.c.
• Other slaughtering, preparing and preserving meat products n.e.c.
• Cooking oil and soap processing plants
• Warehouse for highly pollutive/non-hazardous industries
• Stone crusher
• Asphalt/cement batching plants
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses

 

Highly Pollutive/Hazardous Industries

• Vegetable oil mills, including coconut oil
• Manufacture of refined cooking oil and margarine
• Manufacture of fish, marine and other animal oils
• Manufacture of vegetable and animal oils and fats n.e.c.
• Sugar cane milling (centrifugal and refined)
• Sugar refining
• Muscovado sugar mill
• Distilled, rectified and blended liquors n.e.c.
• Cotton textile mill
• Ramie textile mill
• Rayon and other man-made fiber textile mill
• Bleaching and drying mills
• Manufacture of narrow fabrics
• Tanneries and leather finishing plants
• Pulp mill
• Paper and paperboard mills
• Manufacture of fiberboard
• Manufacture of inorganic salts and compounds
• Manufacture of soap and cleaning preparations
• Manufacture of hydraulic cement
• Manufacture of lime and lime kilns
• Manufacture of plaster
• Products of blast furnaces, steel works and rolling mills
• Products of iron and steel foundries
• Manufacture of smelted and refined non-ferrous metals
• Manufacture of rolled, drawn or extruded non-ferrous metals
• Manufacture of non-ferrous foundry products
• Oil depot/terminal (greater than 7.950 kiloliters)
• Warehouse for highly pollutive/hazardous industries
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses
• Class “A” slaughterhouse/abattoir
• Class “AA” slaughterhouse/abattoir
• Class “AAA” slaughterhouse/abattoir

 

Highly Pollutive/Extremely Hazardous Industries

• Manufacture of industrial alcohols
• Factories for highly flammable chemicals
• Other basic chemicals not elsewhere classified (n.e.c.)
• Manufacture of fertilizers
• Manufacture of pesticides
• Manufacture of synthetic resins, plastic materials and man-made fibers except glass
• Plastics resin plants (monomer and polymer)
• Plastics compounding and processing plants
• Petroleum refineries
• Manufacture of reclaimed, blended and compound petroleum products
• Manufacture of miscellaneous products of petroleum and coal, n.e.c.
• Warehouse for highly pollutive/extremely hazardous industries
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses

 

Pollutive/Extremely Hazardous Industries

• 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 natural rubber not in rubber plantation
• Manufacture of miscellaneous rubber products n.e.c.
• Water and power generation complexes
• Liquid and solid waste management complexes
• Power plants (thermal, hydro or geothermal)
• All other types of complexes for public utilities
• Warehouse for pollutive/extremely hazardous industries
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses

 

Non-Pollutive/Extremely Hazardous Industries

• Manufacture of compressed and liquefied gases
• Storage tanks, buildings for storing gasoline, acetylene, liquefied petroleum gas, calcium, carbides, oxygen, hydrogen and the like
• Armories, arsenals and munitions factories
• Match and fireworks factories
• Acetylene and oxygen generating plants
• Warehouse for non-pollutive/extremely hazardous industries
• Customary accessory uses incidental to any of the above uses such as:
  • Staff houses/quarters
  • Offices
  • Eateries/canteens
  • Parking lots/garage facilities
  • Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
  • Pump houses
  • Generator houses

 

Building Density and Bulk Regulations

• Per the relevant provision of the NBC and this Ordinance.
• The Building height limit is twenty-seven (27) metersabove highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.8. Regulations in General Institutional Zone. An area within a city intended principally for general types of institutional establishments, e.g. government offices, hospitals/ clinics, academic/ research and convention centers.

 

Allowable Uses

• Government or civic centers to house national, regional or local offices in the area
• Police and fire stations
• Other types of government buildings
• Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of higher learning
• Learning facilities such as training centers, seminar halls and libraries
• Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities
• Museums, exhibition halls and art galleries
• Convention center and related facilities
• Civic centers and community centers
• General hospitals, medical centers, specialty hospitals, medical, dental and similar clinics
• Evacuation Centers
• Places of worship, such as churches, mosques, temples, shrines, chapels
• Seminaries and convents
• Embassies/consulates
• Parking buildings
• Parks, playgrounds, pocket parks, parkways, promenades and playlots
• Customary accessory uses incidental to any of the above uses such as:

• Staff houses/quarters
• Offices
• Eateries/canteens
• Parking lots/garage facilities
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is fifteen (15) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.9. Regulations in Special Institutional Zone. An area within a city intended principally for particular types of institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/reservation/bases/training grounds, etc.

 

Allowable Uses

• Welfare home, orphanages, boys and girls town, nursing homes, homes for the aged and the like
• Rehabilitation and vocational training centers for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, ex-sanitaria inmates and similar establishments
• Military camps/reservations/bases and training grounds
• Jails, prisons, reformatories and correctional institution
• Penitentiaries and correctional institutions
• Leprosaria
• Psychiatric facilities, such as mental hospitals, mental sanitaria/asylums,
• Parks, playgrounds, pocket parks, parkways, promenades and playlots
• Customary accessory uses incidental to any of the above uses such as:

• Staff houses/quarters
• Offices
• Eateries/canteens
• Parking lots/garage facilities
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is 15 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.10. Regulations in Parks and Recreation Zone. An area designed for the promotion of physical health and wellbeing of all age groups and physical capabilities, particularly, toddlers, seniors and the handicapped, children and women, and for the maintenance of ecological balance of the community, including water retention and permanent vegetative cover.

 

The primary purpose and use of this Zone is to protect environmentally critical areas, including, but not limited to, wetlands, hillsides, wildlife habitat and recharge areas, from impacts associated with more intensive development. These environmentally critical areas are valued as a community resource, both for conservation purposes and public enjoyment. Open space may be combined with a variety of recreational opportunities to serve the local and regional service area; provided, that critical areas are protected, and that an appropriate buffer is provided between critical areas and any man-made disturbances, such as trails, observation towers, and trailheads. In addition to the objectives stated in the Purpose and Intent section of this chapter, the following objectives also apply to this Zone:

 

• Support a wide range of recreational opportunities that minimize land disturbance in order to remain consistent with Zamboanga City’s natural setting, and provide pedestrian/bike path linkages between community amenities, designated open spaces, and the City center;
• Serve as additional flood and rainwater catchments;
• Minimize public, private and environmental losses due to flooding by enforcing strict development standards in flood hazard areas; and
• Provide and preserve local, community and regional open space and environmentally critical areas, parks and the City’s trailheads and related recreation areas.
• Allow minimal establishments that will provide food and drinks to park visitors, and subsidize expenses of the park maintenance.

 

Allowable Uses

• Parks, playgrounds, pocket parks, parkways, promenades and playlots, gardens
• All types of resort complexes such as those providing accommodation, sports, dining and other leisure facilities
• Open air or outdoor sports activities and support facilities, including low rise stadia, gyms, amphitheaters and swimming pools
• Ball courts, skating rinks and similar uses
• Memorial/Shrines monuments, kiosks and other park structures
• Sports clubs
• Parking structures/facilities
• Open space buffers and easements
• Customary accessory uses incidental to any of the above uses such as:
• Staff houses/quarters
• Offices
• Eateries/canteens
• Parking lots/garage facilities
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is 15 meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.11. Regulations in Cemetery/Memorial Park Zone. An area in a city intended for the interment of the dead and related activities provided that the uses enumerated below are in consonance with the Implementing Rules and Regulations to Govern the Processing of Applications for Locational Clearance of Memorial Parks and Cemeteries (HLURB Resolution No. 681 Series of 2000):

 

Allowable Uses

• Memorial Parks
• Cemetery
• Columbarium
• Crematorium
• Ossuary
• Customary accessory uses such as crypts, chapels, parks, playgrounds, pocket parks, parkways, promenades, parking, flower shop, and toilet facilities

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is fifteen (15) meters above highest grade as provided in the NBC.
• Subject to HLURB Rules and Regulations for Memorial Parks and Cemeteries and other applicable guidelines/standards of concerned agencies
• Subject to national locational guidelines and standards of concerned agencies such as the following:

 

1. Cemeteries shall be located in the town periphery with the least amount of hazard to human life possible.
2. It is not located in areas where the water table is not greater than 4.5 meters below the ground surface.
3. It is not located in environmentally critical areas as defined in Proclamation No. 2146.
4. The site must have road access with a minimum of eight (8.0) meters road right-of-way.
5. If located along national primary and secondary roads as defined by EO 113, a buffer of at least 25.0 meters from the road shall be imposed where no burials will be allowed.
6. The cemetery shall be enclosed by a perimeter fence as prescribed in the Implementing Rules of the National Building Code (Rule XII, 3.1).
7. No burial ground shall be located within 50.0 meters from either side of the river or within 50.0 meters from any source of water supply as prescribed in the Sanitation Code of the Philippines or PD 856.
8. A burial ground shall be at least 25.0 meters distant from any dwelling house and no house shall be constructed within the same distance from any burial ground.

 

SECTION 12.12. Regulations in Buffer/Greenbelt Zone. These are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance, and for identifying and defining development areas or zones where no permanent structures are allowed. These areas also serve as carbon sinks for the City’s CO2 emissions.

 

Allowable Uses

• Open spaces/gardens
• Parks and park structures such as playgrounds, jogging trails, bicycle lanes
• Plant nurseries
• Ground-level or underground parking structures/facilities
• Agriculture, silviculture, horticulture

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is six (6.0) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

Figure II-01. Sample illustration of a Buffer Zone between incompatible uses

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 12.13. Regulations in Utilities, Transportation and Services Zone. An area in the city designated for “a range of utilitarian/functional uses or occupancies, characterized mainly as a low-rise or medium-rise building/ structure for low to high intensity community support functions, e.g. terminals, inter-modals, multi-modals, depots, power and water generation/distribution facilities, telecommunication facilities, drainage/wastewater, septage, and sewerage facilities, solid waste handling facilities and the like” (NBC).

 

Allowable Uses

• Bus and railway depots and terminals
• Port facilities
• Airports, air strip, and heliport facilities
• All other types of transportation complexes
• Power facilities and related infrastructures
• Transit station/terminal/depot or any similar transportation infrastructure
• Power plants (thermal, hydro, geothermal, wind, solar)
• Pumping plants (water supply, storm drainage, sewerage, irrigation and waste treatment plants)
• Dams
• Liquid and solid waste management facilities
• Climate and weather monitoring facilities
• Telecommunication facilities such as cell (mobile) phone towers
• Flood control infrastructure
• All other types of large complexes for public services
• Customary accessory uses incidental to any of the above uses such as:
• Staff houses/quarters
• Offices
• Parking lots/garage facilities
• Eateries/canteens
• Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
• Pump houses
• Generator houses

 

Building Density and Bulk Regulations

• Per the relevant provisions of the NBC and this Ordinance.
• The Building Height Limit is fifteen (15.0) meters above highest grade as provided in the NBC.
• Subject to national locational guidelines and standards of concerned agencies.

 

SECTION 12.14. Tourism Zone. No tourism project or tourist related activities shall be allowed in Tourism Zones unless developed or undertaken in compliance with the Department of Tourism (DOT) Guidelines and Standards.

 

Allowable Uses

• Agri-tourism
• Ecotourism (boglake, mangrove area)
• Sports Tourism
• Resort areas, e.g. beach/mountain resort including accessory uses
• Theme parks
• Heritage and Historical Sites
• Other related activities such as tree parks and botanical gardens
• Tourism accommodation such as:
• Cottages
• Lodging inns
• Restaurants
• Home stays
• Souvenir shops
• Open air or outdoor sports activities
• Food production and processing activities such as vegetables, fruits and plantation crop and fish production to sustain tourism industry
• Parking areas

 

SECTION 13. Regulations in Overlay Zone. A “transparent zone” that is overlain on top of the Basic Zone or another Overlay Zone that provides an additional set (or layer) of regulations. These additional layers of regulations may pertain to additionally allowable uses, building density and bulk and building/ structure design that are deemed necessary to achieve the objectives for the Overlay Zone.

 

SECTION 13.1. Landslide Overlay Zone (LSD-OZ). LSD-OZ regulations are applied in areas identified in the CLUP as highly susceptible to landslides. The objectives of these regulations are to avoid/minimize potentials for landslide occurrence, and to protect lives and properties from its impacts.

 

Allowable Uses

• Allowable uses shall be as provided in the Base Zone, subject to the following additional regulations

 

Building Density and Bulk Regulations

• The Maximum Allowable Percentage of Site Occupancy (MAPSO) (defined in the NBC as the area of ground coverage of Allowable Maximum Building Footprint), expressed as a percentage of the total lot area, shall be:
  • 20% for Parks and Recreation uses
  • 30% for all other uses/ activities
• The MAPSO shall include all buildings and structures built or to be built on the lot. The Unpaved Surface Area (USA) of developments shall:
  • Not be less than 70% for Parks and Recreation uses
  • Not be less than 60% for all other uses/ activities
• As defined in the NBC, USA is the “true open space which should be of exposed soil and planted.” The USA is located outside the building envelope.

 

Building/Structure Design Regulations

 

Site development shall be designed with consideration to avoiding/minimizing (1) risks that it will be affected by landslides; (2) its adverse impacts to the soil; (3) and risks that it will cause landslides to nearby areas/properties.

• Buildings and structures should be laid out and designed to harmonize with the terrain to minimize earth moving activities
• Appropriate slope, erosion and soil stabilization measures shall be applied, either through hard or soft engineering measures
• Indigenous and mature vegetation should be retained
• Natural drainage patterns should not be altered; and
• Use sustainable drainage systems to include rainwater storage tanks, green roofs, etc. that can decrease the flow and make productive use of storm water run-off.

 

SECTION 13.2 Flood Overlay Zone (FLD-OZ). FLD-OZ regulations are applied in areas that have been determined in the CLUP as flood-prone based on the MGB hazard maps delineating the areas that are highly susceptible to flooding. The objective of the Flood Overlay Zone is to protect lives and properties from the harmful effects of flood.

 

Allowable Uses

• Allowable uses shall be as provided in the respective Base Zone, subject to the following additional regulations

 

Building Density and Bulk Regulations

• Maximum Allowable Percentage of Site Occupancy (MAPSO): 50 % of TLA
• Unpaved Surface Area (USA): not less than 30% of TLA

 

Building/Structure Design Regulations

• Buildings shall be made flood proof through any or combination of the following means:
• Raising the lowest floor line at or above the Flood Protection Elevation (FPE) as determined by the DPWH either through fill or by using stilts;
• The minimum floor elevation of that portion of any structure intended for human occupancy shall be either equal to or higher than three (3) feet or approximately one (1) meter above the flood protection elevation.
• Those portions of such structures not intended for human occupancy shall be either equal to or higher than the flood protection elevation.
• Providing roof decks that can be used for evacuation purposes;
• Building utility connections such as those for electricity, potable water and sewage shall be located at elevations higher than the FPE;
• Natural drainage patterns should not be altered; and
• Use sustainable urban drainage systems (SUDS) to include rainwater storage tanks, green roofs, etc. that can decrease the flow and make productive use of storm water run-off.

 

 

Figure II-02. Structures Considering Flood Protection Elevation

 

 

 

• All other related facilities thereto such as electrical equipment, water service, and sewer connections shall be either equal to or higher than the flood protection elevation or shall be flood-proofed to the flood protection elevation.
• The minimum floor elevation of any structure not intended for human occupancy, as defined, shall be either equal to or higher than the flood protection elevation.
• Flood-proofing of these structures will only be authorized by the DPWH as specific individual exceptions to minimum floor elevation requirements where it can be shown that the proposed flood-proofing is acceptable from an engineering standpoint.

Figure II-03. Structures on Stilts Considering Flood Protection Elevation

 

SECTION 13.3. Watershed Protection Overlay Zone (WP-OZ). WP-OZ regulations are applied in areas yet un-proclaimed by law, presidential proclamation or executive order which should be given equal importance as in NIPAS Areas, in terms of conservation and protection. This overlay zone is intended to maintain and improve water quality by establishing additional development standards within sensitive watershed areas.

 

The following are the identified watershed areas

1. Ayala Watershed
2. Bolong Watershed
3. Culianan Watershed
4. Curuan Watershed
5. Manicahan Watershed
6. Vitali Watershed
7. Pasonanca Watershed

 

Allowable Use

• Shall be in accordance with the respective management plan to be formulated, FLUP, if any, and the provisions of the Forestry Code.

 

Building Density and Bulk Regulations

• No permanent buildings/structures shall be built within the strict protection areas of the watershed.

 

SECTION 13.4. Scenic Corridor Overlay Zone (SCD-OZ). SCD-OZ regulations are applied in areas identified in the CLUP as having significant scenic values. The objective of these regulations is to preserve view access to said natural landscape for the enjoyment of the general public.

 

Allowable Uses

• Allowable uses shall be as provided in the applicable Base Zone subject to the following additional regulations

 

Building Density and Bulk Regulations

• The height of buildings shall be no higher than 10 meters measured from the said street crown to its topmost part (such as roof apex or parapet wall line)

 

Building/Structure Design Regulations

• Building facades, roofs and other exterior elements shall be either be painted with earth-tone colors or made of natural stone;
• Perimeter fences along the front, rear and sides of properties shall have a maximum height of one meter reckoned from the crown of the road. The base may be made of opaque materials, such as concrete hollow blocks or rock, with a maximum height of 400 mm reckoned from the said street crown and the upper portion shall be made of see-through materials; and
• Landscape materials, particularly continuous hedge planting, should not obstruct views from the road. These shall have maximum heights of 600 mm reckoned from the said street crown.

           

SECTION 13.5. Faultline Overlay Zone (FLT-OZ). FLT-OZs are applied in areas defined by five (5)-meter wide strips on both sides of and running along identified earthquake faults. The objective of these regulations is to minimize the possible harmful effects of fault movements to properties.

 

Allowable Uses

 

Only the following uses shall be allowed within identified FLT-OZs:

• Parks, playgrounds, pocket parks, parkways, promenades and play lots
• Legal Easements

 

The above uses supersede the list of Allowed Uses in the Base Zones affected by FLT-OZs.

 

Building Density and Bulk Regulations

• No permanent buildings/structures shall be built within FLT-OZs.

 

SECTION 13.6. Heritage Overlay Zone (HTG-OZ). The heritage zone aims to promote the preservation of significant historical, cultural and social sites and environment, consisting of tangible and intangible cultural and historical properties; and enhance and provide order, continuity and identity to the growth and progress of our historic towns for the benefit and enjoyment of succeeding generations of Filipinos. These include natural sites of scenic, aesthetic, historical, or cultural value as well as cultural properties.

 

The HTG-OZ is applied in areas with houses and structures of ancestry. The objectives are:

• to preserve existing historic structures; and
• to harmonize the design and construction of new ones with the design of these historic structures.

 

Allowable Uses

• For declared houses of ancestry, Allowable Uses shall be limited to:
  • Single-detached residential
  • Museum
  • Shops, offices, restaurants, craftsmen’s workshops and retail outlets (only at the ground floor)
• For new construction, Allowable Uses shall be single-detached and semi-detached dwelling units.

 

Building Density and Bulk Regulations

 

The following regulations supersede those provided in the base R-1 zone:

• For declared houses of ancestry:
• The height and floor area of the existing building shall not be altered.
• For new construction:
• BHL: Building height limit for buildings within the buffer zone shall not be more than the roof apex of the declared heritage structure (Guidelines, Policies and Standards for the Conservation and Development of Historic Centers/Heritage Zones, NHCP 2012)

Building/Structure Design Regulations

• For declared houses of ancestry:
• Repair and renovation works, to include building and landscape, shall ensure that the original architectural design at the interior and exterior are maintained.
• The size and appearance of business and other signs shall be made to blend with the period design of the house.
• For new construction:
• Designs, to include building and landscape, shall be made similar to the period designs of the declared houses of ancestry.

 

Other Regulations

• The gathering of natural and historical artifacts shall be subject to the provisions of RA 10066.

 

SECTION 13.7. Tourism Overlay Zone (T-OZ). Tourism projects or tourist related activities shall be allowed in tourist zones provided that they foster and promote community participation and protection and management of natural resources. The establishment shall be environmentally sound and developed or undertaken in accordance with Department of Tourism (DOT) guidelines and standards. It shall have strategic access through transportation infrastructure, and reasonable connection with utilities and infrastructure systems. The following uses shall be permitted:

 

Allowable Uses

• Resort areas, e.g. beach/mountain resort including accessory uses
• Theme parks
• Heritage and Historical Sites
• Other related activities such as tree parks and botanical gardens
• Tourism accommodation such as:
  • Hotels
  • Cottages
  • Lodging inns
  • Ecolodges
  • Bed and breakfast facilities
  • Home stays
• Travel and tour services operators
• Meetings, incentives, conventions and exhibition organizers and facilities
• Souvenir shops, restaurants, cafes, and the like
• Open air or outdoor sports activities such as golf courses and the like
• Attraction facilities identified and recognized by the City of Zamboanga Tourism Office
• Parking areas

 

SECTION 13.7.1. Ecotourism Overlay Zone (ETM-OZ). The objective for this Overlay Zone is to ensure that the dual goals of environmental conservation and tourism economic development are attained.

 

Allowable Uses

 

In addition to those uses that may be allowed in the Base Zone, the following are uses and activities that may be allowed in the Ecotourism Overlay Zone:

• Accommodation facilities
• Boardwalks
• Dining facilities
• Dive shops/Diving lesson establishments
• Water-oriented recreation/sports rental equipment shops
• Tourism-oriented retail shops (e.g. souvenirs, clothes, etc.)
• Foreign exchange shops/establishments

 

Building Density and Bulk Regulations

• Ecotourism facilities such as resorts should have heights of no greater than 10 meters from highest grade to roof apex line.
• The minimum setback of buildings from the inland foreshore line is 50 meters.
• The maximum building footprint shall be 50% of the total lot area.

 

Building/Structure Design Regulations

• Ecotourism facilities such as hotels, resorts, should be made of light indigenous materials.
• Designs should conform to the applicable standards of the Department of Tourism.
• Only single-detached or duplex structures shall be allowed.
• The freeboard elevation of buildings shall be 600 mm measured from the outermost building line facing the foreshore to the building’s finish floor line.
• Buildings on stilts are encouraged.
• Electrical appliances should be raised with a minimum height of 600 mm from each building’s finish floor line.
• The use of impermeable paving materials outside of building envelopes shall not be allowed.
• Only picket fences made of wood or bamboo and with heights no greater than 600 mm shall be allowed.
• The use of firewalls along property lines shall not be allowed.

 

SECTION 13.7.2. Agri-Tourism Overlay Zone (AGT-OZ). This Overlay Zone is to spur tourism economic development while showcasing the city’s rich agriculture. In the AGT-OZ the following uses shall be permitted, provided that the use of land will remain predominantly agricultural:

 

• All uses allowed in agricultural zone
• Tourist Information Center
• Tourist accommodation facilities provided that:
  • A triple chamber septic tank will be provided to treat wastewater
• Farm tours for families and children
• Farm laboratories and greenhouse for educational/scientific purposes
• Campsites
• Horseback riding facilities
• Cafeterias
• Meditation/prayer areas
• Spas and wellness facilities
• Swimming pools and resorts
• Viewing decks
• Outdoor recreational facilities such as but not limited to:
  • Target shooting areas
  • Obstacle courses
  • Football, softball, baseball, fields
  • Basketball courts
  • Target Shooting Facilities
  • Playgrounds
  • Indoor sports track
• Indoor recreational facilities such as but not limited to:
  • Gymnasiums
• Accessory uses such as:
  • Parking areas
  • Restrooms
  • Staff quarters

 

To retain a predominantly agricultural use, a maximum of ten percent (10%) of the total land area or one (1) hectare, whichever is smaller, shall be allowed for tourism purposes. The remaining land area shall be kept agricultural.

 

Allowed tourism activities and structures shall have clear agriculturally related inputs or components, and will not deviate from the agricultural characteristics of the area.

 

SECTION 13.8. Urban Corridor Overlay Zone (UCD-OZ). The objectives for this Overlay Zone are intended to:

 

• Minimize roadside friction by reducing contact between vehicular through traffic and vehicle movement to and from individual properties
• Ensure that pedestrian walks are free from encroachments of parked vehicles
• Ensure a friendly and vibrant urban environment by reducing the rigidity of streetscapes

 

Allowable Uses

• Allowable uses shall be as provided in the applicable Base Zone subject to the following additional regulations.

 

Parking Layouts

• Under no circumstances shall vehicular parking be made to occupy road rights-of-way;
• The minimum setback of buildings from the right-of-way line of (name of road) shall be 10 meters;
• Parking layouts that cause the backing of vehicles onto (name of road) shall not be allowed;
• Parking spaces shall be provided with distinct entry and exit points, i.e., through driveways; and
• Parking spaces may be laid out along the building frontage within the property line.

 

SECTION 13.9. Transit-Oriented Overlay Zone (TOD-OZ). The Transit-Oriented Overlay Zone covers all properties having a radial distance of one kilometer or as declared by the LGU from the City Multi-Modal Terminal. The objectives of these regulations are:

 

• to facilitate the development of a walkable and compact urban center thereby reducing opportunities for urban sprawl; and
• to encourage the use of public vehicles thereby reducing vehicular traffic volumes.

 

Allowable Uses

• Allowable uses shall be as provided in the applicable Base Zone subject to the following additional regulations.

SECTION 13.10. Billboards Overlay Zone (BB-OZ). The Billboards Overlay Zone includes all lots fronting the National Road. The objectives of these regulations are:

 

• to rationalize the location of billboards to minimize their potentials to create hazards to lives and properties;
• to ensure that billboards do not obstruct the view of any scenic spot;
• to ensure that billboards would not constitute nuisance to adjoining property owners, distract motorists or constitute as hazard to public safety; and
• to ensure that billboards are in harmony with the intended urban character of the Base Zone.

 

SECTION 13.11. Key Biodiversity Area Overlay Zone (KBA-OZ). The objective for this Overlay Zone is to ensure that areas having high biodiversity are protected.

 

Allowable Uses

• Only scientific studies which do not involve gathering of species or any alteration in the area is allowed.

 

Building Density and Bulk Regulations

• No buildings/structures shall be allowed.

 

Other Regulations

• The gathering of natural and historical artifacts shall not be allowed.

 

SECTION 13.12. Critical Habitat Overlay Zone (CH-OZ). A portion or portions of the Strict Protection Sub-Zone is hereby overlain with a Critical Habitat Overlay Zone. The objective for this Overlay Zone is to preserve the habitats of the endangered species of (i.e. birds, bats, flowers, etc.).

 

Allowable Uses

• Only scientific studies which do not involve gathering of species or any alteration in the area is allowed.

 

Building Density and Bulk Regulations

• No buildings/structures shall be allowed.

 

Other Regulations

• The gathering of natural and historical artifacts shall not be allowed.

 

SECTION 13.13.Ancestral Domain Overlay Zone (AD-OZ). Portions of the Forest Zone is hereby overlain with an Ancestral Lands Overlay Zone.

 

Allowable Uses

 

Allowable uses shall be limited to:

• Traditional dwellings of IPs
• Traditional livelihood activities of IPs
• Traditional/customary religious ceremonies or rituals of IPs

 

Building Density and Bulk Regulations

• Buildings/structures shall be according to traditional/customary designs of dwellings.

 

SECTION 14. Zoning Incentives. Incentives such as waiver of applicable fees may be provided for projects for providing the following:

 

SECTION 14.1. Provision of Incentives for Inclusionary Zoning. In consonance with the objectives of “Urban Development and Housing Act of 1992” and to encourage private sector participation in the provision of affordable housing units to families in the City of Zamboanga which are classified as low-income sector, it is hereby made available through this zoning ordinance the following incentives for housing development which will incorporate inclusionary zoning:

 

1. Waiver of permit fees
2. Tax incentives such as discounts on real property tax for the first year
3. And other fiscal incentives such as discounts on clearance and inspection fees
4. Fast tracking of plan review and permits, provided the public has been well-informed of the application
5. Marketing assistance such as features in the official city website and local newspaper

 

Owners and/or developers have the option to avail any one of these incentives provided that they meet all of the requirements stated:

 

1. The owner and/or developer shall enter into a signed agreement with the CZBAA stating the intention to avail of the chosen incentive for inclusionary zoning.

 

2. The owner and/or developer shall submit the following documents to CZBAA:
3. A letter of application to the CZBAA stating the intention to avail of the chosen incentive for inclusionary zoning.
4. A completed application form.
5. A plan which reflects the location of socialized housing units.

 

            An officer from CZBAA shall be designated to review and approve applications for incentives.

 

Criteria for approval:

 

1. The developer proposes a housing development within the jurisdiction of the City of Zamboanga.
2. The owner and/or developer of the new housing development shall allocate at least twenty (20) percent of its total land area or at least twenty (20) percent of its total project cost for socialized housing units. Socialized housing units shall be located WITHIN the project area.
3. Socialized housing units can use affordable building materials provided that it shall not be noticeably inferior in appearance from commercially available units.

 

            The socialized housing units shall be made available at affordable prices to applicants who have the following qualifications:

 

1. Must be a Filipino citizen;
2. Must be a resident of the City of Zamboanga for at least five (5) years
3. Must be an underprivileged and homeless citizen, as defined in Section 3 of RA 7279 UDHA;
4. Must not own any real property; and
5. Must not be a professional squatter or a member of squatting syndicates.

      Provisions for enforcement of the agreement shall be detailed.

1. Must not have previously availed of such benefit.

 

            The Zoning Administrator, after consulting CZBAA, shall grant a certificate of approval to the owner and/or developer with corresponding terms-of-agreement. In case where the owner and or developer failed to meet its end of the agreement, the city government shall have the right to revoke the certificate and the corresponding incentives such as tax incentives, waiver of permit fees, fast tracking of plan review and permits, and other fiscal incentives.

 

The CZBAA shall be responsible for the disposition and appropriate action on complaints, oppositions or violations on subdivisions.  The CZBAA may conduct consultations or public hearings as appropriate or may designate the Office of the City Planning as the secretariat to do the same.

 

SECTION 14.2. Provision of Incentives for Public Benefit Incentives. Incentives shall be available to certain developments within the City of Zamboanga which would provide facilities and amenities which are of public benefit and deemed desirable by the Zamboanga City Investment Incentive Board under Ordinance No. 259 as amended by Ordinance No. 312.

 

ARTICLE VI

GENERAL REGULATIONS

 

SECTION 15. General Provision. Developments of mixed-use character shall implement sharing of compatible uses, where the majority of the land developments in terms of area, must be the dominant use (e.g. the principal use is residential) and the remaining portion can be any of the allowed uses within the zone category.

 

The uses enumerated in the succeeding sections are neither exhaustive nor all-inclusive. The City Zoning Board of Adjustment and Appeals (CZBAA) shall, subject to the requirements of this Article, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed.

 

Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the City with due regard to the maintenance of the essential qualities of the zone.

 

 

Figure II-04. Sample Illustration of Sharing of Uses for Mixed-use Development

 

 

            SECTION 16. Height Regulations. Notwithstanding the Building Height provisions of this Ordinance, building heights should also conform to the height restrictions and requirements of the Civil Aviation Authority of the Philippines (CAAP).

 

Exempted from the imposition of height regulations in residential zones are the following: towers, church, steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code (NBC) and/or the CAAP.

 

SECTION 17. Building and Area Regulations. Unless otherwise stipulated in this Ordinance, building specifications, materials, design, etc., must conform to the restrictions and requirements of the existing codes such as:

1. PD 957, “Subdivision and Condominium Buyers’ Protective Law” and its revised implementing rules and regulations.
2. Batas Pambansa 220, “Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects” and its revised implementing rules and regulations.
3. RA 7279 – Urban Development and Housing Act;
4. PD 1096 – National Building Code
5. PD 1185 – Fire Code
6. PD 856 – Sanitation Code
7. RA 6541 – Structural Code
8. Batas Pambansa 344 – Accessibility Law
9. Rules and Regulations – HLURB Town Planning and Zoning Program
10. CA 141 or Public Land Act – public lands, including foreshore and reclaimed lands;
11. PD 705 or Revised Forestry Code – forestlands;
12. PD 1076 or Water Code of the Philippines – inland and coastal waters, shorelines and riverbank easements;
13. RA 6657 or Comprehensive Agrarian Reform Law – agrarian reform lands.
14. RA 7586 or National Integrated Protected Areas Act – protected areas in both land and seas;
15. RA 7942 or Philippine Mining Act – mining areas;
16. RA 8371 or Indigenous People’s Rights Act (IPRA) – ancestral lands;
17. RA 8435 or Agriculture and Fisheries Modernization Act (AFMA) – SAFDZs and prime agricultural lands;
18. RA 8550 or Revised Fisheries Code – municipal waters and coastal zones;
19. RA 9593 or Philippine Tourism Act – tourism zones and estates
20. RA 9729 or Philippine Climate Change Act, as amended;
21. RA 10066 or Philippine Cultural Heritage Act – cultural and heritage zones/areas; and,
22. RA 100121 or Disaster Risk Reduction and Management Act – disaster-prone and geo-hazard areas.
23. Other relevant guidelines promulgated by the national agencies concerned.

 

Areas at risk for hazards such as liquefaction, flooding, earthquake, etc. should strictly comply with the proper engineering standards and undergo relevant engineering studies such as soil studies, geologic studies, hydrologic studies, seismic studies, etc.

 

            SECTION 18. Easement. No permanent structure shall be constructed within a zone of twenty (20) meters in areas from the high watermark on the shores of the seas and three (3) meters from the high water mark on each side of creeks, rivers and other inland water bodies.

 

Likewise, pursuant to the provisions of the Water Code: 1) the banks of rivers and streams and the shores of the lakes throughout their entire length within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject to easements of public use in the interest of recreation, navigation, floatage, fishing and salvage.

 

No person shall be allowed to stay in this zone longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build structures of any kind.

Mandatory five-meter easement on both sides of earthquake fault traces on the ground identified by PHIVOLCS.

 

The above easement regulations shall be the minimum as provided for by PD1067 and shall be increased or enlarged subject to climate change and disaster risk management strategies.

 

SECTION 19. Percentage of Land Occupancy Regulations. Buildings or structures shall only be built on the land area allowable to the Percentage of Land Occupancy (PLO) allocated for the particular zone category.

 

To allow the infiltration of storm water to the ground, a minimum of twenty percent (20%) of the total land area shall be preserved for natural soil and green open space. Cementing or application of any substance that will impede the groundwater infiltration on this land area is prohibited.

 

 

Figure II-05. Sample illustration of Percentage of Land Occupancy(PLO)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Table II-01. Classification Maximum PLO per Zone

Zone Classification	Maximum PLO
R1-Z	0.60
R2-Z	0.60
R3-Z	0.60
C1-Z	0.60
C2-Z	0.60
C3-Z	0.60
SH-Z	0.60
I1-Z	0.60
GI-Z	0.60
PR-Z	0.25
CEM	0.50
TDZ	0.60

 

SECTION 20. Buffer Regulations. Unless otherwise specified in the zone regulations, a minimum buffer of four (4) meters shall be provided along entire boundary length between two or more conflicting zones/sub-zones allocating two (2) meters from each side of the zone/sub-zone boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of the yard or open space.

 

 

 

Figure II-06. Buffer zone between conflicting zones or uses

15

4

4

 

 

SECTION 20.1. Buffer between Industrial and Residential Zones. This section applies to the portion of industrial properties located within 30 meters of residential zones. Properties abutting any residential zones shall provide the following measures to minimize the impacts from noise, vibration, dust, other industrial impacts, and to maintain privacy and aesthetic compatibility.

 

1. Within 30 meters of residential zones, the following conditions apply:
   1. Loading Areas. Truck loading operations and maneuvering areas shall not be located within 30 meters of areas zoned for residential use.
   2. Horizontal Building Buildings with exterior (facade) walls greater than 20 meters in length and located within 30 meters of residentially zoned properties shall be required to provide architectural modulation in accordance with the following standards:
   3. Minimum modulation depth equals 2 meters;
   4. Minimum modulation length equals 5 meters;
   5. Maximum modulation length equals 20 meters;
   6. Minimum height of modulation equals 50 percent of height of facade;
   7. Any other method of architectural modulation which results in an equivalent or superior articulation of the building facade, which gives the building the appearance of not having flat facade surfaces for substantial portions of its length, based upon building plan elevations. Examples of acceptable architectural treatment include, but are not limited to, building facade modulation, orientation of doors and windows, varying use of building materials and colors, use of landscaping which breaks up flat expanses of building walls, or a combination of techniques providing the desired effect.

 

2. All lighting fixture luminaires shall be full cut-off.

 

3. Mechanical equipment located on the roof, facade, or external portion of a building shall be architecturally screened by incorporating the equipment in the building and/or site design so as not to be visible from adjacent residential zones or public streets.

 

4. Equipment or vents which generate noise or air emissions shall be located away from adjoining residentially zoned properties.

 

5. Screening. A sight-obscuring masonry or wood fence is required as part of the landscape buffer abutting the residential zone.
6. Landscaping shall be provided.

 

SECTION 20.2. Buffer between Protected Area and Other Uses. Appropriate buffers and setbacks from the environmentally critical areas shall be required through the critical area regulations for all development applications within this district.

 

SECTION 21. Buffer Yards. Aside from providing light and ventilation, buffers can mitigate adverse impacts and nuisances between two adjacent developments. All buffers shall be required to extend and/or be provided with planting materials in order to ameliorate said negative conditions such as, but not limited to, noise, odor, unsightly buildings or danger from fires and explosions. Building setbacks shall be considered as buffer yards. A buffer may also contain a barrier, such as a fence, where such additional screening is necessary to achieve the desired level of buffering between various activities.

 

1. Buffers between Adjoining Properties

Between two different developments, e.g. residential and commercial, the more intense land use shall provide the proper buffer design and materials. If a development shall occur beside a vacant lot, the owners of the properties in consideration may submit a contractual agreement whereby the required buffer for the first area to develop shall be reduced or waived. If an additional buffer will be required at the time the vacant lot develops, it shall be provided by the latter development.

 

2. Buffers on Simultaneous Developments

The development with the less restrictive use shall provide the necessary buffer in cases when two developments occur simultaneously.

 

3. Location of Buffers

The building setbacks shall serve as buffer locations, at the outer perimeter of a lot or parcel.

 

4. Types of Buffers

Landscaped buffers with suitable foliage are encouraged. Agricultural uses and forest uses are also allowed.  

 

Buffers may also serve as spaces to accommodate tree planting and should be spacious enough to accommodate trees and other implements for such activities.  Tree buffer areas will be allocated as “Carbon Footprint Offset Areas” and will also be promoted as areas for tree planting for carbon trading.  

     

5. Land Use in Buffer Areas

Buffers are part of yards and open spaces and in no case shall buildings encroach upon it. It may, however, be used for passive recreation such as gardening and pedestrian trails.

 

6. Buffers in Industrial Establishments

A planted buffer strip of not less than 15 meters wide or as the case may need is required along the periphery of industrial areas and residential areas, and 4.5 meters wide for industrial areas and commercial areas.

 

SECTION 22. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (PD 1096), as amended thereto, relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling on rear lots, access yard requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be observed.

 

            SECTION 23. Advertising, Billboards, and Business Signs. No advertising, billboards or business signs whether on or off premises of an establishment shall be displayed or put up for public view without Locational Clearance from the Zoning Administrator. Locational Clearance for such signs or billboards may be granted only when the same is appropriate for the permitted use for a zone and the size thereof is not excessive, taking into account the bulk or size of the building or structure and the business practices or usages of the City and the same shall in no case obstruct the view of any scenic spot. Furthermore, structural designs of these billboards shall be reviewed and approved by the City Building Official.

 

Obnoxious signs that would constitute nuisance to adjoining property owners, distract motorists or constitute as hazards to public safety shall not be allowed in any area. Temporary signs and billboards for not more than two months may be allowed by the Zoning Administrator upon payment of corresponding fees to the City. The permit for such sign shall indicate the location, size, slope, contents and type of construction.

 

The objectives of these regulations are:

• to rationalize the location and design of billboards to minimize their potentials to undue hazards to lives and properties;
• to ensure that billboards do not obstruct the view of any scenic spot;
• to ensure that billboards would not constitute nuisance to adjoining property owners, distract motorists or constitute as hazard to public safety; and
• to ensure that billboards are in harmony with the intended urban character of the Base Zone.

 

Design Regulations

• Setback Requirements. Regulated Signs shall be subject to Setback Requirements:
• Minimum Distance between Signs. No billboard or billboard structure shall be located within an allowable distance. Regulated Signs that were earlier granted a permit by the city government shall enjoy preference over Regulated Signs whose permits were issued thereafter.
• Non-obstruction of Traffic Signs. No Regulated Sign shall be erected in such a manner as to confuse or obstruct the view or interpretation of any traffic sign, signal, or device.
• Non obstruction of Landscape. No Regulated Sign shall be constructed as to unduly obstruct the natural view of the landscape, distract or obstruct the view of the public as to constitute a traffic hazard, or otherwise defile, debase or offend aesthetic and cultural values and traditions.
• Restrictions on Combustible Materials. All Regulated Signs erected in highly restrictive Fire Zones as defined in the NBC and its IRRs shall have structural members of incombustible materials. Ground Signs may be constructed of any material meeting the requirements of the NBC. Combination signs, Roof Signs, Wall Signs, Projecting Signs, and Signs on marquees shall be constructed of incombustible materials. No combustible material other than approved plastics shall be used in the construction of electric signs.
• Display Surfaces. Display surfaces in Regulated Signs may be made of metal, glass or approved plastics.
• Clearances from Fire Escapes, Exits or Standpipes. No Regulated Sign shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit, or standpipe.
• Obstruction of Openings. No Regulated Sign shall obstruct any opening to such an extent that light or ventilation is reduced to a point below that required by the NBC. Regulated Signs erected within 1.50 meters of an exterior wall in which there are openings within the area of the Regulated Sign shall be constructed of incombustible material or approved plastics.
• Roof Signs. Roof Signs shall be allowed but strictly follow the National Building Code.
• Material Requirements. Sign structures carrying signs and signboards made of banners, pennants, tarpaulins and other similar non-rigid materials shall not be installed near power lines, and shall maintain a horizontal clearance from such power lines in accordance with Rule XIII, Table XIII.1 of the National Building Code and its IRR.
• Clearances from High Voltage Power Lines. Clearances of Regulated Signs from high voltage power lines shall be in accordance with the Philippine Electrical Code. In areas near electric distribution facilities including that of any power substations, the minimum horizontal distance measured from the property line abutting the road right-of-way and all the adjoining properties to the nearest base of the sign structure shall be the height of the structure plus one (1.00) meter.
• All Regulated Signs, Temporary Signs and LED Signs, installed over or across and along public thoroughfares, center islands and road rights-of-way, whether it be National Road or Secondary Road will be allowed subject to concurrence of the DPWH for national roads and City Engineer’s Office for the city roads.
• Markers of historical sites and tourist destinations including directional signs shall not be combined with advertisement signs even if these signs are sponsored by private businesses. Sponsors may put their advertisement in the periphery of the historical sites upon acceptance and permission of the sites’ administrators and upon signing of a Memorandum of Understanding or Agreement (MOU/MOA) witnessed by the city government.
• No signs shall be installed in trees, electric or lighting posts, center islands, side strips and fences that will destroy, alter or deface the natural landscape or seascape of historical sites and tourist destinations.
• No Sign shall be allowed to cross or straddle along carriageways.
• All Regulated Signs, Temporary Signs and LED Signs along covered areas shall automatically be put down or turned off by the owners and advertisers upon the announcement by the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA) that there would be a low pressure area or other weather disturbances in the city, subject to the review of Zamboanga City Disaster Risk and Reduction Management Office (ZCDRRMO).

 

It shall be unlawful to maintain an obsolete sign by reason of discontinuance of business, service or activity for more than 60 days therefrom approval of this Ordinance. The City Engineer’s Office shall conduct annual inventory all these obsolete signs and shall cause the demolition/removal of these obsolete signs.

 

ARTICLE VII

GENERAL DISTRICT REGULATIONS

 

SECTION 24. Petition to Homeowners’ Association or Barangay. Where a person plans to establish a certain use/activity which will necessarily affect the character of a residential zone in terms of aesthetic design or traffic to be generated and/or opening the area to outsiders which may result in loss of privacy of its residents, the prior social acceptability of the majority of the household heads of the homeowner’s association or in its absence, the barangay, most especially the persons immediately adjacent to the proposed site, will have to be secured as one of the preliminary criteria for the approval of the Locational Clearance.

 

SECTION 25. Road Setback Regulations

 

1. All structures must meet minimum horizontal setback requirements of the applicable zone.

 

2. Architectural Features

 

1. Cornices, canopies, eaves, sills, fireplaces, flues, ornamental features and other similar features may extend or project into a required setback a distance of not more than 30% of the required yard, and in no case shall they be closer than 0.60 meters to any lot
2. Uncovered and unenclosed ground story porches and decks less than 30 inches above grade may project into a required setback up to 0.30 meters from the property line.

 

3. Vision Clearance at Road On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impair vision between height of 1 meter and 3 Meters above the centerline grades of the intersecting streets within a triangle formed by the road right-of-way lines of such corner lots and a line joining points along said road lines 10 meters from the tangent of intersection.

 

4. Other regulations with setback requirements include:

 

1. Building Code
2. Fire Code
3. Water Code
4. Air Quality

 

The following road setback regulations shall be applied:

 

 

Table II-02. Road Setback Requirements

Zoning Classification	Road Right-of-Way (RROW) Width, in meters
	≥30	25-29	20-24	10-19	≤10
Industrial	30	20	10	10	10
Agri-Industrial	30	20	10	10	10
Commercial	8	6	5	5	5
Institutional	20	20	10	10	10
Parks and Recreation	10	10	3	3	3
Agricultural	20	20	7	7	7
Residential	8	6	5	3	3
Tourism	10	10	5	5	5

Source: NBC

 

However, commercial and residential structures located in Roads whose RROW is greater than 24 meters but whose lot area is not less than 500 square meters but not more than 1,000 square meters, shall be allowed to go one degree lower than the prescribed setback requirement.

 

While commercial and residential structures located in Roads whose RROW is greater than 24 meterswhose lot area is less than 500 square meters may be allowed to provide a minimum setback of 5 and 3 meters respectively. Commercial structures in this provision shall refer to the purpose of said structure whose main activity is for business purposes.

 

For lots less than 100 square meters, a required minimum setback of 3 meters may be allowed for commercial structures where RROW is less than 10 meters.

SECTION 26. Yard, Off-Street Parking Space. No part of a road, off-street parking space, loading space, or other open space required of any building shall, for the purpose of complying with this Ordinance, be included as part of the yard, open space, off-street parking or loading space similarly required of any adjacent neighboring building. However, this shall not apply to building/s with common party walls or adjacent building lines, in which case, only the yard for the free or non-abutting sides will be required.

 

            SECTION 27. Traffic Generators. All traffic-generating buildings and structures allowed in any of the districts must provide for adequate parking spaces for their employees, clients and visitors. Such shall, however, be subject to additional parking requirements as evaluated by the City Engineer’s Office based on Presidential Decree No. 1096.

 

            SECTION 28. 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 yard and other requirements of this Ordinance shall be met for each structure as though it was to be erected on an individual lot.

 

            SECTION 29. Dwelling Group. When it is impractical to apply the requirements of these Zoning Regulations to an individual building unit in a residential compound, consisting of two or more buildings, a permit for the construction of such compound may be issued, provided, that the plan thereof conforms to the following conditions:

 

1. That the buildings are to be used only for residential purposes and such uses are permitted in the district where the compound is located.
2. That the average lot area per family of dwelling unit in the compound, exclusive of the area used or to be used for streets or driveways, is not less than the lot area per family required in the districts.
3. That there is provided, within the tract on which the residential compound is to be located, an open space for playground purposes with an area equivalent to at least an aggregate area of five (5%) percent of the required lot area per family, but in no case less than one hundred square meters; provided,that where the residential compound is intended for less than ten families, the setting aside of such area for playground purposes may be dispensed with; and provided further, that an open space may be used as part of the yard requirements for the compound; and
4. That there is provided within the tract on which the residential compound is to be erected or immediately adjacent thereto, an adequate private garage or off-street parking area, depending on the needs of the residents and their visitors.

 

SECTION 30. Pollution Control. For effective pollution control, all zoning permit (locational clearance) granted for all development/activities must be subject to the condition of compliance with the Department of Environment and Natural Resources-Environmental Impact Statement System (DENR-EIS System-ECC Requirements as per Presidential Decree No. 1586 and its corresponding Department Administrative Orders [DAO No. 2003-30]) rules and regulations.

 

ARTICLE VIII

SUPPLEMENTARY REGULATIONS

 

SECTION 31. Innovative Techniques or Designs. When it is impractical to apply the requirements of these Zoning Regulations to certain developments, the proponent may apply for a permit with the Zoning Administrator on grounds of innovative development techniques (e.g. solar, rain collection, water filtration for the purpose of recharging ground water), provided, that the following conditions are complied with:

 

1. The proposed land 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. Both preliminary and final development plans must be submitted to Zoning Administrator for approval.
3. The preliminary plan must generally set forth any existing or proposed arrangements of lots, streets, access points, buffer strips, rail, water, highway or other transportation arrangements and the relationship of the tract of land involved to surrounding properties.
4. The final plan must, in addition to the above cited requirements, describe the noise, smoke, odor, vibration, dust, dirt, obnoxious gases, glare and heat, fire hazards, industrial wastes and traffic which may be produced by the development.
5. The area subject to application is a consolidated parcel of land of at least two (2) hectares.
6. In cases of pollutive/hazardous or high category of industries, they shall not be allowed in a residential area.

 

            SECTION 32. Special Use Permits

 

SECTION 32.1. Purpose. To provide a means to recognize and approve land uses not specifically as allowed uses. A special use permit must demonstrate that the proposed activity will not adversely affect or prevent those uses normally allowed within the respective district.

 

SECTION 32.2. Process/Authority for Special Use Permit

 

1. The Zoning Administrator, after receiving complete requirements by the Applicant and after consulting with CZBAA shall review and issue approval or denial of special use permit application within thirty (30) days.

 

2. The Zoning Administrator shall have authority to order that a special use permit be revoked, suspended, or modified based on a finding that the conditions have not been satisfied by the applicant. The Zoning Administrator or party of record may request a review on a special use permit.

 

3. The approving authority’s decision may be to grant or to deny an application.

 

4. The burden of proof shall be on the applicant to provide evidence in support of the application. The criteria for approval or denial shall include the following:
   1. The proposed use will be compatible with existing and planned land use and comply with the CLUP/CDP.
   2. The proposed use will not create undue noise, odor, heat, vibration, air and water pollution impact on surrounding, existing, or potential dwelling units.
   3. The proposed use will not generate intrusions on privacy of surrounding uses.
   4. The proposed use will not cause potential adverse effects on the general public health, safety, security and welfare.
   5. The proposed use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding areas, or conditions can be established to mitigate adverse impacts on such facilities.
   6. The proposed use will maintain the character, landscape and lifestyle of the rural area. For new uses, proximity to existing businesses operating via special use permit shall be reviewed and considered for cumulative impacts.

 

5. Approved special uses identifiable through the Zoning Administrator’spermit tracking system shall be mapped upon request.

 

6. All special uses, including master planned resorts, shall be required to commence a development project for the entire parcel within 2 years of the permit approval, unless development is phased. For the purposes of this Section, “commenced” shall mean either (1) the use permitted by the permit has been established or (2) a complete building permit has been filed with the Zoning Administrator for the principal building which will allow the use. Upon building permit approval, the principal building shall be completed (i.e., final inspections completed) within 3 years. Those portions of the property, which are not included within the development area and where the above time frames are not met, shall automatically be removed from the special use approval, unless a phasing plan is approved. For purposes of this Subsection, “development area” shall mean all portions of the site needed to meet the Building Code requirements, such as lot coverage and setbacks.

 

7. At least one Public Consultation shall be conducted by the Zoning Administrator in coordination with the concerned Barangay prior to the issuance of a Barangay Resolution interposing no objection to a Special Use Project.

 

A special use permit shall be required for each of the following uses, subject to such terms and conditions as hereunder prescribed:

 

1. Transfer Stations/Materials Recovery Facilities (MRF)

 

1. Adequate buffers with a minimum distance of four (4) meters shall be put up to prevent undue scattering of wastes.
2. Eradication of rats and spraying of flies and the general maintenance of the dumping site shall be the sole responsibility of the proponent.
3. RA 9003 (Ecological Solid Waste Management Act of 2000) provisions shall at all times be complied with.
4. Other sanitary requirements of the City of Zamboanga and the Department of Health (DOH) shall be complied with.

 

2. Radio Transmitting Stations/Telecommunication Towers

 

1. They must conform to the standards set by the Bureau of Health Devices & Technology-Department of Health (BHDT-DOH), National Building Code, HLURB Resolution No.779 series of 2005, and HLURB Guidelines.
2. The proper maintenance of such station shall be the exclusive responsibility of the proponent and/or persons operating them.
3. Where the public welfare demands, however, radio transmitting stations /telecommunication towers may be located in some residential zones provided the preceding condition is strictly complied, and no interference with or damage to local electrical appliances or other property will likely result.
4. A perimeter fence as per specifications in the DOH radiation protection report shall be constructed to prevent access of the public to the antenna.
5. No advertising is permitted anywhere on the facility, with the exception of identification signage.

 

3. Gas and Filling Stations

 

1. They must conform to the standards set by the Department of Energy (DOE).
2. Filling stations shall be located at least fifty (50) meters away from the nearest residential area, schools, churches, hospitals and other similar structures/institutions and at least one hundred (100) meters away from the nearest actual or potential groundwater sources, banks of rivers, or other bodies of water traversing or adjoining the facility.
3. Filling stations shall be located at least five hundred (500) meters away from the nearest radio transmitting station/telecommunication tower.
4. They shall not constitute safety hazards in a community developed entirely for residential purposes.
5. Buffer strip at least five (5) meters and adequate firefighting equipment must be provided.
6. Shall at least be 100 meters away from each other, except if located from the opposite side of the road.

 

4. Open Storage Except Hazardous/Pollutive Substances

 

1. Open storage shall not be located within at least two hundred (200) meters from schools, churches, hospitals and other similar institutions.
2. Their sound maintenance shall be the sole responsibility of the proponent.

 

5. Abattoir/Slaughterhouse

 

Location of abattoir shall be in accordance with the Meat Inspection Code of Zamboanga City or City Ordinance No. 2017-178 as amended by Ordinance No. 2017-179 and shall conform to the following:

 

1. The abattoir shall not be located within two hundred (200) meters from residential, institutional, and some commercial areas. Abattoirs shall not be located within Twenty Five (25) meters from public markets and other food establishments. The development of Abattoirs/Slaughterhouses shall conform to the Board Resolution No. R-650, Series of 1999 of the HLURB.
2. Abattoirs shall be located at least two hundred (200) meters away from the nearest actual or potential groundwater sources, banks of rivers, or other bodies of water traversing or adjoining the facility.
3. A written authority to operate shall be secured from the local health and sanitation office by the applicant at least 90 days before the intended date of operation.Proposed abattoir procedures must be adopted.
4. Proper waste disposal, odor control and other abatement shall be provided.
5. The proponent shall obtain sworn statements from the owners of land immediately adjacent to the proposed site signifying their conformity or non-conformity to the proposed activity as one of the pre-requisites for the granting of a special use permit.

 

6. Funeral Parlors

 

1. Other sanitary requirements by the City of Zamboanga and the Department of Health (DOH) shall be complied with.
2. Funeral Parlors shall not be located within Twenty Five (25) meters from restaurants, food centers, and other food establishments, and not within Fifty (50) meters from markets, and not within two hundred (200) meters within abattoirs, schools, hospitals, and residential and institutional areas. The development of Funeral Parlors shall conform to the Implementing Rules and Regulations to Govern the Processing of Applications for Locational Clearance of Funeral Establishments from the HLURB (Resolution No. R-638 Series of 1999).
3. Where such project is traversed by a water course, drainage way, channel or stream, an easement of right-of-way prescribed by the Forestry and Water Code must be maintained.
4. Written consent of the majority of households (50% + 1) within the 50-meter radius of the proposed site.
5. No funeral establishment/s shall be allowed in flood prone areas.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               

 

7. Machinery display shop/center, machine shop service operation (repairing/ rebuilding, or custom job orders), small and medium-scale junkshop, and welding shops

 

1. Adequate fencing shall be put up to prevent undue scattering of waste, fuel, and oil spills.
   1. It shall be located within at least one hundred (100) meters from schools, churches, hospitals and other similar institutions.
   2. Their sound maintenance shall be the sole responsibility of the proponent.

 

8. Private Heliports

 

1. Heliports may be allowed on commercial or institutional buildings provided safety requirements are complied with.
2. A written authority to operate shall be secured from the Civil Aeronautics Board and the Civil Aviation Authority of the Philippines days before the intended date of operation, and a notice shall be posted or published in at least one of the daily newspapers to determine the proposed landing site.

 

9. Transport Terminal

 

1. Transport terminals shall provide measures to abate noise, vibration and odors such as by constructing structural enclosures, provision of buffer yards, etc.
2. Backing-up and maneuverings shall be done only within the terminal compound so as not to unduly disrupt traffic flow on public roads.
3. Wastes shall be properly disposed at all times and the direct discharge to public sewer and drainage of waste oils, grease and the likes is not permitted.
4. Bus stations, terminals and freight trucks terminals should be at the periphery of a commercial zone.
5. Jeepney/Taxi terminal may be located within the commercial zone provided that it should not be near major intersection where traffic congestion occurs.
6. Garage must be located at the outskirts of the commercial zone.

 

10. Transport Garage

 

1. Garages for public utility buses and / or cargo transport vehicles with more than three (3) units and garages for public utility jeepneys and accommodating more than six (6) units shall be considered only within commercial zones or in industrial zones. However, no garage shall be established along the national road.
2. Measures to abate nuisances and hazards such as noise, fumes, odors and wastes shall be provided.
3. Installation of gasoline filling station within the garage may be allowed only with prior approval of the Department of Energy and use thereof shall be exclusive to the vehicles housed in that particular garage facility.
4. Wastes shall be properly disposed at all times. The direct discharge to public sewers and drainage of waste oils, grease and the like is not permitted.
5. Clearance of the Barangay and, if the site abuts a residential zone, consent of the homeowners’ association or in its absence, all the immediate neighbors are also required.

 

11. Poultry and Piggery

                                            

1. Piggery and poultry farm shall be situated in agricultural zones and preferably in a rolling terrain to have good drainage. Flood prone areas, and other environmentally critical areas like watershed, source of water supply, etc. as defined by the Environmental Management Bureau (EMB) shall be avoided.
2. Piggery and poultry farm shall not be built on soils with high moisture level. The soil must be well drained and porous.
3. There shall be a buffer zone of at least five (5) meters in width around the boundaries of the lot and shall be planted with trees or shrubs.
4. Piggery and poultry farms shall be located outside urban barangays.
5. A piggery and poultry farm shall not be located 25 meters radius from sources of ground and surface drinking water.
6. Existing small, medium, and large scale poultry and medium and large scale piggery projects that are non-conforming use shall not be allowed to expand and may continue their operations provided:
7. That they shall be obliged to use chemical control of flies, its larvae to minimize source of pollutants.
8. That no such non-conforming use shall be enlarged or expanded to occupy a greater area of land than that already occupied by such use or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exists.

• That no such non-conforming use which has ceased operation for more than one (1) year be again revived as non-conforming use.

1. That an idle/vacant structure may not be used for non-conforming activity.
2. That any non-conforming structure or structures under one ownership which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than 50% of its replacement cost at the time of destruction, it shall not be constructed except in conformity with the provisions of this rules.
3. That no such non-conforming use maybe moved to displace any non-conforming use.

• That no such non-conforming structure maybe enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
• That should such structure be moved for any reason to whatever distance, it shall therefore conform to the regulation of the district in which it is moved or relocated.

1. The owner of a non-conforming use shall program the phase out and relocation of the non-conforming use within ten (10) years.

 

Table II-03. Locational Design Standards for Poultry Farms

Classification	Number of Heads	Distance, in meters
		Source of Ground Water	Built-Up	Major Road /Highway	Between Poultry Farms
1. Backyard	Max. 500	25	N/A	N/A	N/A
2. Small	501 – 5,000	25	500	200	500
3. Medium	5,001 – 9,999	25	1,000	200	1,000
4. Large	10,000 and over	25	1,000	200	1,000

Source: HLURB Resolution No. 674, Series of 2000

 

Table II-04. Locational Design Standards for Piggery Farms

Classification	Number of Heads	Distance, in meters
		Source of Ground Water	Built-Up	Major Road /Highway	Between Piggery Farms
1. Backyard	1 sow and 10 heads and below	25	N/A	N/A	N/A
2. Medium	2 sows and 11-20 heads	25	1,000	500	1,000
3. Large	More than 2 sows and more than 20 heads	25	1,000	500	1,000

Source: HLURB Resolution No. 674, Series of 2000

*Heads – include weanings, growers, and fatteners

 

12. Cockpit

 

1. Cockpits shall be located at least two hundred meters (200 m.) away from the nearest residence or institutional use and poultry farms.
2. Proper maintenance of the cockpit premises in sanitary condition shall be the duty of the proponent and/or persons operating them.
3. Proper parking facilities must be provided with consideration to their requirements stated in this plan.
4. A planting screen/buffer of 3-5 meters wide along the perimeter of the site shall be provided to protect both the cockpit and the adjacent land uses.
5. Shall provide ample vehicle parking for 20% of the seating capacity.

 

13. Bed and Breakfast

 

1. They are owner-occupied and managed.
2. Parking is on-site and a minimum of 3 Meters away from the property line of neighboring residences.
3. All lighting is directed away from neighboring residences.
4. It is demonstrated that the impacts will be no more obtrusive than a residence.
5. Seven (7) bedrooms or less are available for guest use.
6. Temporary lodging in a single location shall not exceed 30 days for any 1 individual, group or party.
7. A site plan showing the location, size, access of proposed primitive campsites, existing lodges/cabins, and RV sites is required to be submitted with the special use
8. When the bed and breakfast grows beyond the criteria established above and the conditions included in any approval, the business shall relocate to a zoning classification, such as high-density residential or general commercial zone which permit such activity.

 

14. Warehouse

 

1. Only market-oriented warehouse may be located within the commercial zone; all others shall be permitted in industrial zones.

 

15. Places of Amusement/ Entertainment

 

As stipulated in R.A. 1224, the City Council shall have the power to regulate or prohibit by ordinance the establishment, maintenance and operation of night clubs, cabarets, dancing schools, pavilions, bars, saloons, bowling alleys, billiard pools, and other similar places of amusement within its territorial jurisdiction: Provided, however, that no such establishment shall be established, maintained, and/or operated within:

 

1. 200 meters of night clubs, cabarets, pavilions, or other similar places;
2. 50 meters dancing schools, bars, saloons, billiard pools, bowling alleys, or other similar places;
3. Distance of cockpits shall be left to the discretion of the city from any public building, schools, hospitals, and churches: Provided further, that
4. no city ordinance fixing distances at which such places of amusement may be established or operated shall apply to those already licensed and operating at the time of the enactment of such city ordinance,
5. nor will the subsequent opening of any public building or other premises from which distances shall be measured prejudice any place of amusement already then licensed and operating

• any such place of amusement established within fifty lineal meters from any school, hospital or church shall be so constructed that the noise coming therefrom shall not disturb those in the school, hospital or church, and, if such noise causes such disturbance then such place of amusement shall not operate during school hours when near a school, or at night when near a hospital, or when there are religious services when near a church.

 

16. Tourism estates

 

1. Tract or parcel of land with defined boundaries and which is suitable for development into an integrated resort complex;
2. With prescribed carrying capacities of tourist facilities and activities such as, but not limited to, sports and recreation centers, accommodations, convention and cultural facilities, food and beverage outlets, commercial establishments and other special interest and attraction activities/ establishments;
3. Provided with roads, water supply facilities, power distribution facilities, drainage and sewage systems and other necessary infrastructure and public utilities
4. A Tourism Estate shall be under unified and continuous management

 

17. Farmlot subdivisions

 

1. Subdivision projects primarily intended for agricultural production

1. Minimum lot area of 1,000 square meters
2. 25% Maximum allowable buildable area

 

SECTION 33. Roof Gardens. In the absence of areas available for parks, recreation and open spaces, roof gardens are encouraged in accordance with the proposed network of open spaces.

 

SECTION 34. Zoning the Pedestrian Paths. In line with creating a pedestrianized city wherein connectivity is given importance, the sidewalk shall be zoned to ensure that there is a minimum clear space allotted for passing through of pedestrians and a host of activities for the pedestrians as well. Walkways shall at least be 1.50 m wide.

 

General Pedestrian Zones

 

1. Street Facade Zone (exterior)

An extension of the building into the sidewalk that houses cafes, sidewalks sales, window shopping, front stoops, and/or display gardens. The zone ranges from 0.46 to 6.1 meters. Multiple floors of balconies occupy this zone.

 

2. The Walking Aisle

Protect paths from stalls for the mobility impaired. In order to mark the edge of this zone for the visually impaired, the surfaces that border on the walking aisle may be noticeable fixtures. Three dimensional objects should not be closer than six (6) inches (15.2 cm) from the edge of this zone and should be painted in high-contrast colors. These shall range from a minimum of 0.600 meters in agricultural and forestry zones. 1.000 m in residential and industrial zones, to 2.500 m in commercial and institutional zones.

 

3. The Furniture Zone

A buffer along traffic or parking lanes that ranges from six (6) inches for parking meters to many feet. This buffer may contain such things as street furniture, public sculpture, street trees, seating areas, and places for street musicians or other artists. Together with the following zones, it provides a buffer between pedestrians and moving traffic that allows for driveway and walkway curb cuts, provides a place to pile dirt and park construction/repair equipment and reduces exposure to noise, road spray, and the perception of hazard.

4. The Loading Zone

An 18-30 inch (.46 to 76 m) zone on the sidewalk along the curb that provides a place for people getting into or out of cars. Along van-accessible curb parking there should be a clear space of five (5) feet deep by 12 feet (1.52 by 3.66 m) centered on a parallel parking space (this space can overlap other zones as long as it is kept clear of obstructions.)

 

Adjacent zones within the street, parking lot, and/or buildings should be incorporated in the design of the sidewalk. Typical zones include the following:

 

1. Street Margin

The curb parking lane can also provide for underground facilities, street cafes, and street performers.

 

1. Bike Lanes

Bike lanes and curb parking are a different mix. Bike lanes may replace curb parking or be separated from curb parking by a planting strip.

 

5. Street Façade Zone (interior)

The street level front of a building should support the sidewalk. It may be storefront, display case, lobby, news, and sundries store, or sheltered area for ATMs and street vendors.

 

Figure II-07. Pedestrian Zones

 

 

            SECTION 35. Zoning Charge and Zoning Bond. It is hereby imposed a Zoning Charge and Zoning Bond for all buildings which have outstanding violation/s of the terms and conditions of their building/occupancy permit issued prior to the enactment of the City Zoning Ordinance.

 

For buildings constructed in violation of the height restrictions, the amount of Zoning Charge and Zoning Bond shall be determined by multiplying the excess floor area (the total floor area exceeding the allowable height limit) by the demolition cost and further multiplied by the moratorium period, that is:

 

Zoning Charge= ¼ (Excess Floor Area) x (Demolition Cost) x (Moratorium Period)

 

Zoning Bond = ¾ (Excess Floor Area) x (Demolition Cost) x (Moratorium Period)

 

For buildings constructed in violation of the use and/or other terms and conditions of building/occupancy permit, the amount of the Zoning Charge and Zoning Bond shall be determined by multiplying the moratorium period by regulation/enforcement costs. Seventy Five Percent (75%) of the product will be applied to Zoning Bond while the remaining 25% will constitute Zoning Charge.

 

The CZBAA, through appropriate resolution, shall set the moratorium period, the rates of demolition and/or enforcement costs using the prevailing rates in the industry as reference.

 

Only bonds issued by the accredited government banks [i.e. Land Bank of the Philippines (LBP), Development Bank of the Philippines (DBP), and Philippine National Bank (PNB)] shall be accepted.

 

The Zoning Bond will be returned to the building owner, without interest, if the required rectification/compliance has been made prior to the end of the moratorium period. Otherwise,the cash shall be forfeited or bond is called upon in favor of the City Government to cover the demolition/enforcement expense

 

            SECTION 36. Development Impact Charge. Because new developments increase impacts on public services and infrastructures, it is hereby imposed a Development Impact Charge to pay for the provision of additional public services and facilities necessitated by the new development.

 

The owner of the lot shall pay the City Government of Zamboanga, prior to the start of construction of any new building or any expansion of an existing building, a Development Impact Charge as a contribution to a trust fund to be administered by CZBAA.

 

This trust fund shall be used to improve facilities and utilities such as:

1. Provision of sidewalks
2. Traffic management
3. Elevated walkways
4. Landscape improvements
5. Drainage
6. Sewerage
7. Provision of online public services
8. Other public amenities

 

For the public domain benefiting the greatest number of people in the City of Zamboanga.

 

The funds shall not be used for the maintenance, repair and operation costs of existing infrastructures.

 

Applying the Development Impact Charge shall be subject to the following regulations:

 

1. All types of uses are subject to the development impact charge. Upon changes in the use of the building, a development impact charge will be set.
2. The development impact charge shall be collected prior to the issuance of a building permit.
3. The amount of the development impact charge that shall be due from the owner shall be computed as:

 

DEVELOPMENT IMPACT CHARGE: = A * (B-C-D)

 

A is equal to the Area Assessment which shall be set at One Thousand Pesos (PhP1,000.00) until December 31, 2026. Every January 1st thereafter, such amount shall increase by ten percent (10%) over the Area Assessment charged in the previous year; provided that, beginning 2018 and at every successive five-year period thereafter, the increase in the Area Assessment shall be reviewed and adjusted by the CZBAA to correspond to the accumulated increase in the construction cost index during the immediately preceding five years as abased on the weighted average of the wholesale price and wage indices of the National Census and Statistics Office and the Bureau of Labor Statistics.

 

B is equal to the Gross Floor Area, of the completed or expanded building in square meters.

 

C is equal to the estimated Gross Floor Area of the original building before construction.

 

D is equal to any excess floor area on which a Development Impact Charge has previously been assessed and collected.

 

4. The payment of a development impact charge shall not justify nor cure any violations of the applicable building height restrictions per area.

 

5. Excess floor area on which a Development Impact Charge has previously been paid shall not be subject to further Development Impact Charge assessment in the event of subsequent expansion of the building.

 

 

SECTION 37. Tax Declaration. The City Assessor should indicate deed restrictions with the issuance of tax declarations and the acceptance of the property owner.

 

 

ARTICLE IX

PERFORMANCE STANDARDS

 

            SECTION 38. Application of Performance Standards. The following performance standards are intended to ensure land use and neighborhood compatibility. Proposed developments shall comply with the applicable performance standards which shall form part of the requirements for Locational Clearance. These standards are by no means exhaustive or all inclusive. The CZBAA may require other standards, when deemed necessary, to ensure land use and neighborhood compatibility.

 

These shall be enforced through the Implementing Guidelines following this Zoning Ordinance.

 

            SECTION 39. Environmental Conservation and Protection Standards. Through the Office of the City Environment and Natural Resources (OCENR), it is the intent of the Zoning Ordinance to protect the natural resources of the City. In order to achieve this objective, all developments shall comply with the following regulations:

 

1. Views shall be preserved for public enjoyment especially in sites with high scenic quality by closely considering building orientation, height, bulk, fencing and landscaping.

 

2. The utilization of the water resources in the City of Zamboanga shall be allowed provided it is in consonance with the development regulations of the DENR, provisions of the Water Code, the Revised Forestry Code of the Philippines, as amended, and whenever necessary, be subjected to an Environmental Impact Assessment (EIA). Deep wells shall not be allowed unless a Water Permit is obtained from the National Water Resources Board. The City Government through the OCENR, will monitor and report any violations on the utilization of water resources within the city.

 

3. Land use activities shall not cause the alteration of natural drainage patterns or change the velocities, volumes, and physical, chemical, and biological characteristics of storm water. Streams, watercourses, wetlands, lakes or ponds shall not be altered, re-graded, developed, piped, diverted or built upon.
4. All developments shall ensure that storm water runoff shall be controlled through appropriate storm water drainage system design. The rate of run-off generated shall not be more than that of the site in its natural condition.

 

5. All developments shall undertake the protection of rivers, streams, lakes and ponds from sedimentation and erosion damage;

 

6. The internal drainage systems of developments shall be so designed as not to increase turbidity, sediment yield, or cause the discharge of any harmful substances that will degrade the quality of water. Water quality shall be maintained according to DENR DAO No.34 – Revised Water Usage and Classification/Ambient Water Quality Criteria;

 

7. Domestic and industrial wastewater effluents shall not discharge into surface and groundwater unless it is scientifically proven that such discharges will not cause the deterioration of the water quality. Wastewater treatment facilities will be required for establishments that discharge wastewater that is scientifically proven to potentially deteriorate the environment. Effluents shall be maintained according to DENR DAO No. 35 – 91 – Establishing Effluent Quality Standards for Class “C” Inland Waters;

 

8. Developments that generate toxic and hazardous waste shall provide appropriate handling and treatment facilities which should be in accordance with the requirements of and approved by the DENR;

 

9. Floodplains shall not be altered, filled and/or built upon without proper drainage design and without proper consideration of possible inundation effects on nearby properties;

 

10. All developments, particularly those in sloping areas, shall undertake adequate and appropriate slope and erosion protection as well as soil conservation measures;

 

11. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke, gas or any other air polluting material that may have harmful effects on health or cause the impairment of visibility are not permitted. Air quality at the point of emission shall be maintained at specified levels according to DENR’s latest Air Quality Standards.

 

12. Developments that generate a significant volume of solid waste shall provide appropriate solid waste collection and disposal systems and facilities.

 

13. Industrial processes/activities should not cause negative impacts to the environment. The Zoning Administrator may request for descriptions of these as part of the requirements for Locational Clearance.

 

14. Trees or those equal to or greater than a caliper diameter of 200 millimeters or more, measured 360 millimeters or more above the ground, shrubs and desirable ground cover shall not be cleared or cut, unless permitted or is done in accordance with the provisions of the DENR.

                                                                    

            SECTION 40. Agricultural Land Conservation and Preservation Criteria. Agricultural lands are recognized as valuable resources that provide employment, amenity and bio-diversity. All agricultural lands in the City shall not be prematurely re-classified. Requests for re-classification shall be evaluated on the merits of conditions prevailing at the time of application, compatibility with the CLUP, and subject to the provisions of Memorandum Circular No. 54 Prescribing the Guidelines Governing Section 20 of RA 7160, authorizing Cities and Municipalities to Reclassify Agricultural Lands into Non-Agricultural Uses.

 

                Applications for agricultural land re-classification approved by the City shall be submitted to the HLURB and Sangguniang Panlungsod for review and final approval.

 

SECTION 41. Network of Green and Open Spaces. The City intends to develop a network of green and open spaces as a way to minimize the occurrence of urban heat islands. Developments shall conform to the following provisions, as applicable:

 

1. All residential, commercial, industrial and mixed-use subdivisions, in compliance with the rules and regulations of PD 1216, PD 953, PD 957 and BP 220, are respectively required to provide tree-planted strips along their internal roads.
2. Similar developments shall also be required to provide landscaped tree parks that may be made part of the open space requirements mandated by PD 957, BP 220 and related laws. These mandated open spaces shall be classified as non-alienable public lands, and non-buildable.
3. Roof decks of all buildings shall be landscaped, as applicable.
4. Parking lots having at least 20 car parking slots shall be:
   1. Landscaped with suitable trees. The minimum height of trees at the time of securing an Occupancy Permit shall be 1.80 meters from base to the crown.
5. 50% paved with permeable or semi-permeable materials such as grass, gravel, grass pavers and the like.

 

            SECTION 42. Site Development Standards. The City consider it in the public interest that all projects are designed and developed in a safe, efficient and aesthetically pleasing manner. Site development shall consider the environmental character and limitations of the site and its adjacent properties. All project elements shall be in complete harmony according to good design principles and the subsequent development must be visually pleasing as well as efficiently functioning especially in relation to the adjacent properties and bordering streets.

 

Further, designs should consider the following:

 

1. Sites, buildings and facilities shall be designed and developed with regard to safety, efficiency and high standards of design. The natural environmental character of the site and its adjacent properties shall be considered in the site development of each building and facility.

 

2. The height and bulk of buildings and structures shall be so designed that it does not impair the entry of light and ventilation, cause the loss of privacy and/or create nuisances, hazards or inconveniences to adjacent developments.

 

3. Abutments to adjacent properties shall not be allowed without the neighbor’s prior written consent which shall be required by the Zoning Administrator prior to the granting of a Locational Clearance;

 

4. The capacity of parking areas/lots shall be per the minimum requirements of the National Building Code. These shall be located, developed and landscaped in order to enhance the aesthetic quality of the facility. In no case shall parking areas/lots encroach into street rights-of-way.

 

5. Developments, such as shopping malls, schools, places of worship, markets, sports stadia and the like, which attract a significant volume of transportation, such as PUVs and, private vehicles shall provide adequate on-site parking for the same. These should also provide vehicular loading and unloading bays so as through street traffic flow will not be impeded.

 

6. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to all noise and vibration-producing operations. Noise levels shall be maintained according to levels specified in DENR’s latest guidelines on the Abatement of Noise and Other Forms of Nuisance.

 

7. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond the limits of the property.

 

8. Fencing along roads shall be see-through. Side and rear fencing between adjacent lots (not facing a road) may be of opaque construction materials.

 

9. The emission of foul odors and gases harmful to public health, safety and general welfare shall not be permitted. Activities emitting foul odors and obnoxious gases shall be enclosed by airtight buildings provided with air-conditioning system, filters, deodorizing and other cleaning equipment.

 

10. No commercial signage, billboard, streamers, tarpaulins, election-related signage, and/or pylon, which will be detrimental to the skyline, shall be allowed.

 

11. Design guidelines, deed of restrictions, property management plans and other regulatory tools that will ensure high quality developments shall be required from developers of commercial subdivisions and condominiums. These shall be submitted to the Zoning Administrator for review and approval.

 

            SECTION 43. Infrastructure Capacities. All developments shall not cause excessive requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the community. All developments shall exhibit that their requirements for public infrastructure (such as roads, drainage, water supply and the like) are within the capacities of the system/s serving them.

 

The Zoning Administrator shall require the following:

 

1. Drainage Impact Assessment Study

 

All development proposals in flood prone areas and all major proposals likely to affect the existing drainage regime, including commercial-residential buildings or condominiums, shopping malls, public markets, schools, universities, residential and industrial, and other similar developments shall be required to submit Drainage Impact Assessment Studies. These should be prepared, signed and sealed by duly licensed Civil Engineers, Sanitary Engineers or Environmental Planners.

 

1. Traffic Impact Assessments/Statements

 

Major, high intensity facilities such as commercial-residential buildings or condominiums having four floors and above, shopping malls, public markets, transportation terminals/ garages, schools, universities, residential and industrial subdivisions, cock fighting arena, sports stadia and other similar developments shall be required to submit Traffic Impact Assessments/Statements. Other traffic generating developments, as determined by the Zoning Administrator, shall be required to submit the same.

 

ARTICLE X

MITIGATING DEVICES

 

            SECTION 44. Deviation. Variances and/ or Exceptions from the provisions of this Ordinance may be allowed by the CZBAA only when the following terms and conditions exist:

 

1. Variances (deviation from applicable Building Bulk and Density Regulations, Building Design Regulations and Performance Standards)

 

Variance may be allowed provided that proposals satisfy all of the following provisions:

 

1. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner of the property due to physical conditions of the property (topography, shape, etc.), which is not self-created.
2. The proposed variance is the minimum deviation necessary to permit reasonable use of the property.
3. The variance will not alter the intended physical character of the zone and adversely affect the use of the other properties in the same zone such as blocking-off natural light, causing loss of natural ventilation or encroaching in public easements and the like.
4. That the variance will not weaken the general purpose of the Ordinance and will not adversely affect the public health, safety or welfare.
5. The variance will be in harmony with the spirit of this Ordinance.

 

1. Exceptions (deviations from Allowable Use provisions)

 

Exceptions may be allowed provided that proposals satisfy all of the following conditions:

 

1. The exception will not adversely affect the public health, safety and welfare and is in keeping with the general pattern of development in the community.
2. 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.
3. The exception will not adversely affect the appropriate use of adjoining properties in the same zone such as generating excessive vehicular traffic, causing overcrowding of people or generating excessive noise and the like.
4. The exception will not alter the essential character and general purpose of the zone where the exception sought is located.

 

            SECTION 45. Procedures for Evaluating Variances and/or Exceptions. The procedure for evaluating applications for Variances and/or Exceptions is as follows:

 

1. The project proponent shall file a written application for Variance and/or Exception with the CZBAA citing the section(s) of this Ordinance under which the same is sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site. This sign shall be maintained until the CZBAA has rendered a decision on the application.
3. The CZBAA shall conduct preliminary studies on the application. These application papers shall be made accessible to the public.
4. A written affidavit of no objection to the project by the owners of the properties immediately in front of and abutting the project site shall be filed by the applicant with the CZBAA within fifteen (15) days upon filing of application.
5. The CZBAA shall hold public hearing(s) to be held in the concerned barangay in coordination with the barangay officials where the project located.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies.
7. After the public hearing, a barangay resolution of no objection to the project is required from the proponent.
8. The CZBAA shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing(s).

 

All expenses to be incurred in evaluating proposals for Variances and/ or Exceptions shall be shouldered by the project proponent.

 

ARTICLE XI

ADMINISTRATION AND ENFORCEMENT

 

            SECTION 46. Approved Zoning Maps. The Approved City Zoning Maps, printed in standard color codes and with minimum dimensions of 1.20m x 1.20m shall be posted at the following offices:

 

• Office of the City Mayor
• Office of the City Planning and Development Coordinator
• Office of the Sangguniang Panlungsod
• Office of the City Assessor
• Office of the City Engineer
• Office of the City Agriculturist
• Office of the City Environment and Natural Resources Officer
• Office of the City Veterinarian

 

            SECTION 47. Locational Clearance. All owners/developers and entrepreneurs shall secure a Locational Clearance from the Zoning Administrator for the approval or disapproval or, in cases of Variances and/or Exceptions from the CZBAA, prior to conducting any development activity or construction on the property/land.

 

Any Locational Clearance issued shall be non-transferable in terms of location and name of applicant/s.

 

            SECTION 48. Requirements for Locational Clearance. The issuance of the Locational Clearance shall be subject to the requirements provided in the HLURB guidelines or other existing related laws and regulations.

 

            SECTION 49. Projects of National Significance. Based on established national standards and priorities, the HLURB shall continue to issue locational clearances for projects considered to be of vital and national or regional economic or environmental significance. Unless otherwise declared by the NEDA Board, all projects shall be presumed locally-significant. (Paragraph 2 Section 3a, of EO 72)

 

            SECTION 50. Major and/or Innovative Projects. The Zoning Administrator or the CZBAA, as the case may be, may seek the assistance of the HLURB or external consultants in the evaluation of proposed Major and/or Innovative Projects such as seaports, airports, oil depots, reclamation areas, shopping malls, special economic zones, tourism enterprise zones, and the like.

 

            SECTION 51. Subdivision Projects. All owners and/or developers of subdivision projects shall, in addition to securing a Preliminary Subdivision and Development Plan (PSDP), be required to secure a Development Permit pursuant to the provisions of PD 957 and its Implementing Rules and Regulations or BP 220 and its Implementing Rules and Regulations and in accordance with the procedures laid down in EO 71, Series of 1993.

 

Proposed subdivision projects shall prepare their respective Deed Restrictions, to include among others, regulations pertaining to allowable uses within their project sites. The list of allowable uses within subdivisions shall be within the list of allowable uses within the Zone. Proof of compliance of future projects with the provisions of the Deed Restrictions for the said subdivision shall form part of the requirements for PSDP.

 

SECTION 52. Provisions for Environmental Management Control.

Notwithstanding the existence of various environmental management control laws, all establishments involve in any industrial activities that may expose the general public to any environmental pollution/hazard must strictly comply with all environmental requirements imposed by law for reasons of health, safety welfare and ecological balances.

 

Owners of these establishments shall allow free access of their premises anytime for the conduct of on-the-spot monitoring or the inspection of buffer zones.

 

For medium and heavy industrial activities, the installation of a higher standard of mitigating and preventive measures within their establishments, than those required by law, shall be encouraged. The Environmental Management Bureau may further recommend the installation of additional safeguards for completion by the establishment concern.

 

If a development shall be introduced in a vacant lot, the owners of the proposed project or developer shall notify the owners of the adjacent properties of its intention therein.

 

No pollutive/hazardous industrial activities shall take place at least 100 meters away from existing irrigated rice fields and fishponds and in no way shall industrial wastes be disposed of to affect existing rice fields, fishponds, rivers or other water bodies. Likewise, no industrial, commercial and residential wastes shall be disposed of by any industries, commercial and residential establishments that shall affect any abutting residential or commercial areas.

 

SECTION 53. Performance Standards. All land uses, development or constructions shall conform to the following standards:

 

1. Noise

 

Machinery producing noise level above Threshold Limit Values (TLVs) shall adopt one or more of the control measure/s:

 

• Submission with quieter moving parts of machines, materials or procedures.
• Proper upkeep and regular maintenance of machinery.
• Total or partial enclosure of noise producing equipment.
• Utilization of the anti-vibration mountings.
• Treatment of area with sound absorbing materials to decrease reverberation.
• Increase the distant or construct barriers.

 

2. Vibration

 

The response of the vibrating surface shall be reduced by any of the following means:

 

• Interface dumping (friction)
• Application of layer of material with high internal losses over the surface of the vibrating element
• Designing the critical elements as “sandwich” structure.

 

 

3. Smoke

 

Smoke emission shall comply with the requirement of RA 8749 – “The Philippine Clean Air Act of 1999” and its Implementing Rules and Regulations.

 

4. Dust, Fumes, Mist, Vapors, Odors and Gases

 

• All equipment and processes that emit or create harmful dust, fumes, vapors and gases in quantities that can injure the health of those exposed shall thereto be connected to an exhaust system or otherwise effectively controlled.

 

• The point of discharge of an exhaust system shall be so located that the discharge materials shall not re-enter places of employment or habitation nor create hazard to the public nor cause any general nuisance.

 

• Exhaust System holding dust discharging to the outer air shall be provided with suitable air cleaning devices to remove air contaminants prior to the discharge to the outer air unless otherwise approved by the Department of Health (DOH) or meets the air quality standards as provided for by the rules and regulations of the Department of Environment and Natural Resources – Environmental Management Bureau (DENR-EMB)

 

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. Nuisance and Offensive Trades and Occupations

 

Establishments disposing any product or substance considered as a nuisance, or which engaged in offensive trades and occupations shall comply with the requirements of Chapter XIX – “Nuisances and Offensive Trades and Occupations” of the Code on Sanitation of the Philippines (P. D. 856) and its Implementing Rules and Regulations.

 

7. Sewage Disposal and Drainage

 

• All sewage, storm water and wastewater shall be discharged in a manner complying with Chapter XVII – “Sewage Collection and Disposal, Excreta Disposal and Drainage” and its “Supplemental Rules and Regulations Governing and Collection, Handling, Transport, Treatment, and Disposal of Domestic Sludge” of the Code on Sanitation of the Philippines (P.D. 856) and the pertinent requirements of RA 9275 – The Philippine Clean Water Act and its Implementing Rules and Regulations.

 

• The effluent quality to be discharged from the establishment shall meet the minimum standards and requirements set by the DENR-EMB and all other concerned regulatory agencies.

 

• Stormwater shall be discharged to a storm sewer; only sanitary sewage shall be discharged to a sewerage system; but this should not prevent the installation of a combined system.

 

• Properly designed grease trap shall be installed in establishments where the sewerage carries a large amount of grease as determined and approved by DENR-EMB.

 

 

8. Vermin, Insects and Pest Control

      

The operator of the establishment shall maintain a vermin abatement program which shall conform to Chapter XVI – “Vermin Control” of the Code on Sanitation of the Philippines (P.D. 856) and its Implementing Rules and Regulations, and other pertinent laws.

 

9. Toxic and Hazardous Waste and Nuclear Wastes

 

• All toxic   and hazardous   wastes   including   nuclear    wastes incident to the operation of industrial plant shall be collected stored or disposed of in a manner that will prevent health hazards, nuisance and pollution in accordance with the guidelines set by DENR-DAO 29 pursuant to R.A. 6969 – “Toxic Substances and Hazardous and Nuclear Waste Act of 1999”.

 

• Waste handling,  collection,  storage,  transport,  treatment   and disposal system of Health Care Waste shall be in accordance with the Joint DENR-DOH Administrative Order No. 02 – Policies and Guidelines on Effective and Proper Handling, Collection, Transport, Treatment, Storage and Disposal of Health Care Waste Management Manual.

 

SECTION 54. Cemeteries/Memorial Parks/Private Burying Ground.

Development of Cemeteries/Memorial Parks/Private Burying Ground shall be in accordance with the provision of Chapter XXI – “Disposal of Dead Persons” of the Code of Sanitation of the Philippines (PD 856) and its Implementing Rules and Regulations.

 

            SECTION 55. Planned Unit Development Projects. Proposed Planned Unit Development (PUD) projects shall be accompanied by Comprehensive Development Master Plans (CDMPs) showing, at the minimum, proposed land uses, building density and bulk, road network layout, road and sidewalk section details, and master layouts of all utilities such as those for potable water, storm drainage, sewerage, power supply, telecommunication and solid waste management.

 

CDMPs shall also be provided with Deed Restrictions where, upon approval of the Zoning Administrator or CZBAA, as the case may be, proof of compliance of future projects on the said PUD site shall form part of the requirements for Locational Clearance.

 

SECTION 56. Environmental Compliance Certificate. No Locational Clearance shall be issued to proposals covered by the EIS System (PD 1586) unless the requirements of ECC, and other national government requirements have been complied with.

 

            SECTION 57. Building Permit. No Building Permit shall be issued by the City Building Official if no valid Locational Clearance was issued in accordance with the Zoning Ordinance and a Barangay approval issued through a Barangay Resolution and provided that the barangay officials may enter the premises in accordance with the Ordinance No. 157, series of 1994.

 

            SECTION 58. Business Permit. No new business permit shall be issued by the Permits and Licenses Division of Office of the City Mayor if no valid Locational Clearance was issued in accordance with this Ordinance. Likewise, any Locational Clearance issued for the operation of any business shall be validated by the Zoning Administrator, upon payment of Validation Fee, prior to the renewal of the business permit.

 

Should there be any change in the activity or expansion of the area subject of the Locational Clearance, the owner/developer shall apply for a new Locational Clearance.

 

            SECTION 59. Occupancy Permit. No Occupancy Permit shall be issued by the Local Building Official without certification from the Zoning Administrator that the building has complied with the conditions stated in the Locational Clearance. The approval process shall be supported by concurrence of the Zoning Administrator.

 

SECTION 60. Period of Locational Clearance’s Approval/ Disapproval. Upon the completion of requirements for the application of Locational Clearance, the approval/disapproval thereof shall not be withheld for more than fifteen (15) days from receipt of application. There will be a thirty (30) days’ notice if public hearing is required.

 

            SECTION 61. Validity of Locational Clearance. Upon issuance of a Locational Clearance, the grantee thereof shall have one (1) year within which to commence or undertake the use, activity or development covered by such clearance on the property. Non-use of Locational Clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new Locational Clearance.

 

SECTION 62. Schedule of Zoning Fees. The upgrading and enhancing the capability of Zoning Administration requires the maintenance, upgrading of system and capability building of personnel as well as the use of Geographic Information System (GIS). Toward this end the generated income out of the implementation of Zoning Ordinance shall be deposited in a Trust fund (Zoning Fund) to be used for the maintenance/upgrading of personnel and capacities including capability building and training related to Zoning Administration and other operational expenses such as Inspection, Monitoring, Evaluation, and Activities related to Zoning Administration. This Ordinance shall include creation of the Trust Fund called Zoning Fund.

 

The Schedule of Fees of the Housing and Land Use Regulatory Board (HLURB) and the Approved Local Zoning Fees are hereby adopted and shall increase at a rate of ten percent (10%) every after three years unless otherwise amended. The following charges and fees shall apply on the reproduction of copies of zoning ordinance and zoning maps and the CLUP, locational clearance application, appeals, among others.

 

 

Table II-05. Schedule of Fees

PARTICULARS	AMOUNT
I. Zoning/Locational Clearance
A. Single residential structure attached or detached
1. P100,000.00 and below Project Cost	P275.00
2. Over P100,000.00 to P200,000.00 Project Cost	P550.00
3. Over P200,000.00 Project Cost	P700.00 + (1/10 of 1% in excess of P200,000.00)
B. Apartment/Townhouses
1. P500,000.00 and below Project Cost	P1,200.00
2. Over P500,000.00 to P2Million Project Cost	P2,000.00
3. Over P2Million Project Cost	P3,000.00 + (1/10 of 1% of cost in excess of  P2Million regardless of number of floors)
C. Dormitories
1. P2Million and below Project Cost	P3,500.00
2. Over P2Million Project Cost	P3,500.00 + (1/10 of 1% of cost in excess of  P2Million regardless of number of doors)
D. Institutional
1. Below P2Million Project Cost	P2,500.00
2. Over P2Million Project Cost	P2,500.00+ (1/10 of 1% of cost in excess of  P2Million)
E. Commercial, Industrial and Agri-Industrial
1. Below P100,000.00 Project Cost	P1,200.00
2. Over P100,000.00 to P500,000.00 Project Cost	P2,000.00
3. Over P500,000.00 to P1Million Project Cost	P2,500.00
4. Over P1Million to  P2Million Project Cost	P4,000.00
5. Over P2Million	P7,000.00 + (1/10 of 1% of cost in excess of  P2Million)
F. Special Uses/Special Projects (Gasoline Station, Cell Sites, Slaughter House, Treatment Plants, etc.)
1. P2Million and Below Project Cost	P7,000.00
2. Over P2Million Project Cost	P7,000.00 + (1/10 of 1% of cost in excess of  P2Million)
G. Alteration/Expansion (affected areas only)	Same as original application
II. Zoning/Locational Clearance for New Application for Business Enterprises
A. Enterprises with Business capital of:
1. P20,000.00 and below	P200.00
2. > P20,000.00 to P40,000.00	P400.00
3. > P40,000.00 to P60,000.00	P600.00
4. > P60,000.00 to P80,000.00	P800.00
5. > P80,000.00 to P100,000.00	P1,000.00
6. > P100,000.00 to P500,000.00	P1,500.00
7. > P500,000.00 to P1Million	P2,000.00
8. > P1Million to P2Million	P3,000.00
9. Over P2Million	P5,000.00 + 1/10 of 1% in excess of P2Million
B. Validation Fee for the Renewal of Locational Clearance for Business Permits
1. P100,000.00 and below	P300.00
2. > P100,000.00 to P500,000.00	P500.00
3. > P500,000.00 to P1Million	P700.00
4. > P1Million to P2Million	P1,000.00
5. Over P2Million	P2,000.00
III. Other Transactions/Certifications
A. Certifications
1. Zoning Certification	P300.00
2. Certification of Town Plan/Zoning Ordinance Approval	P300.00
3. Certificate of Non-Conformance	P250.00
4. Other, to include:
a. Availability of Records/public request	P150.00
b. Certificate of No record on File	P150.00
c. Certified true copy of documents (report size)
  Document of Five (5) pages or less	P40.00
  Every additional page	P4.00
B. Other Fees
1. Land Use Exception/Variance Application Fee	P2,000.00
2. Petition for Review	P1,000.00
IV. Research Service Fee (75% Discount for students with letter from the Dean)
A. Electronic copy of Maps available in PDF or Jpeg format
1.   General Land Use Map	P500.00
2.   Urban Land Use Map	P500.00
3.   Other Maps	P300.00
B. Printed Copy of Maps (Colored)
1.   A4 Bond Paper Size	P50.00
2.   A3 Paper Size	P400.00
3.   A1 Paper Size	P800.00
4.   A0 Paper Size	P1,500.00
C. Certified true copy of Maps	P50.00
D. CLUP/Zoning Ordinance – Electronic Data available in PDF
1. Volume 1 – Comprehensive Land Use Plan	P2,000.00
2. Volume 2 – Zoning Ordinance	P2,000.00
3. Volume 3 – CLUP Sectoral Studies	P2,000.00

 

            SECTION 63. Certificate of Non-Conformance. A certificate of Non-Conformance shall be applied for the structure or operator of the activity involved within one (1) year from the ratification of the Zoning Ordinance (ZO) by the HLURB. Failure on the part of the owner to register/apply for a Certificate of Non-Conformance shall be considered in violation of the ZO and is subject to fines/penalties of Five Thousand Pesos (P5,000.00) per violation.

 

The City Government through the Zoning Administrator shall, upon the approval of this Zoning Ordinance, immediately notify owners of known existing non-conforming uses to apply for Certificate of Non-Conformance.

 

Notice done through Media or publication in a local newspaper of general circulation for four (4) consecutive weeks shall constitute sufficient notice.

 

The Zoning Administrator may likewise coordinate and seek the assistance of the Barangay Council concerned to facilitate and expedite the service of such notice.

 

            SECTION 64. Existing Non-Conforming Uses, Buildings and Structures. The lawful uses of any building, structure or land at the time of adoption or amendment of this Ordinance may be continued, although such uses do not conform to the provisions of the Zoning Ordinance, provided:

 

1. That no such non-conforming use shall be expanded or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance or moved in whole or in part, to any other portion of the lot or parcel of land where such non-conforming use exists at the time of the adoption of this Ordinance.

 

2. That no such non-conforming use which has ceased operation for more than one (1) year be again revived as non-conforming use.

 

3. That a vacant/idle building or structure may not be used for non-conforming activity.

 

4. That any non-conforming building/structure which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost.

 

That should such non-conforming portion of any building/structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

 

5. That no such non-conforming use may be moved to displace any conforming use.

 

6. That no such non-conforming use and/or structure may be expanded or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

 

7. That should such use and/or structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the zone in which it is moved or relocated.

 

8. That such non-conforming use and/or structure should not cause nuisance effects to its neighborhood, such as but not limited to pollution of whatever form (air, noise, land, water, etc.), undesirable traffic (whether vehicular or pedestrian) and the like and should further not pose health and safety hazards and as further provided in the Performance Standards provision of this Ordinance.

 

9. The owner of a non-conforming use and/or structure shall program the phase-out and relocation within ten (10) years from the effectivity of this Ordinance.

 

10. In case of land transactions, the City Assessor shall inform the buyer or new land owners of the zoning of the property that is being acquired.

 

            SECTION 65. Responsibility for Administration and Enforcement. This Ordinance shall be enforced and administered by the Local Chief Executive/City Mayor or Officer-in-Charge through the Zoning Administrator under the Office of the City Planning and Development Coordinator.

 

SECTION 66. Functions of the Zoning Administrator. The Zoning Administrator, who shall be designated by the Local Chief Executive/City Mayor, shall be responsible in the enforcement and administration of the Zoning Ordinance including all the rules, standards, regulations and guidelines on the HLURB and other related laws, and shall perform the following functions:

 

1. Enforcement

 

1. Acts on all applications for locational clearances in accordance with existing HLURB guidelines and other rules and regulations.

 

1. Approves the issuances of Locational Clearance (LC) for projects conforming to the zoning regulations.

 

2. Conducts preliminary hearings and/or ocular inspections and evaluations when necessary on applications for LC, Variance and Exemptions.

 

3. Imposes appropriate conditions on all permits, LCs and certificates consistent with existing laws, rules and policies of the City and HLURB.

 

4. Recommends to the City Zoning Board of Adjustment and Appeals (CZBAA) the grant or denial of applications for variances and exemptions and the issuance of Certificate of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption of the Zoning Ordinance, including clearances for repairs/renovations on non-conforming uses consistent with the guidelines therefore.

 

1. Monitors on-going/existing projects within the city and issues notices of violation and show cause order to owners, developers, or managers of projects that are in violation of the Zoning Ordinance.

 

1. Calls and coordinates with the Philippine National Police for enforcement of all orders and processes issued in the implementation of this Ordinance.

 

1. Coordinates with the City Legal Officer for other legal actions/remedies relative to the foregoing.

 

1. Coordinates or seeks the assistance, whenever necessary to facilitate strict enforcement and monitoring of on-going or existing projects, of the Barangay Officials.

 

1. Planning

 

1. Coordinates with the Regional Office of the HLURB regarding proposed amendments to the Zoning Ordinance prior to adoption by the Sangguniang Panlungsod.

 

            SECTION 67. Qualifications of the Zoning Administrator. The Zoning Administrator should be a registered and licensed Environmental Planner in accordance with RA No. 10587 also known as the Environmental Planning Act of 2013. The Zoning Administrator must possess the following qualifications:

 

1. Must be a graduate of any of these degrees such as Law, Engineering, Architecture, Urban and Regional Planning, Public Administration, or a related degree;
2. Must have a legal or planning background;
3. Must have a working knowledge of the CLUP/Zoning Ordinance;
4. A resident of the city;
5. Of good moral character and have not been convicted of a crime involving moral turpitude; and
6. Must not be the City Planning and Development Coordinator.

 

SECTION 68. Interim Provision. Until such time that the Local Chief Executive shall be able to designate/appoint the ZoningAdministrator, the City Planning and Development Coordinator through existing Zoning, Planning and Programming Division under the OCPDC and presently performing these various functions, shall continue to perform the function of the Zoning Administrator, with the Zoning Officer directly providing the technical services and support required thereof.

 

SECTION 69. Complaints and Oppositions. A complaint for violation of any provision of the Zoning Ordinance or any clearance or permits issued pursuant thereto shall be filed with the CZBAA through the Zoning Administrator, who shall conduct the preliminary hearing in accordance with the rules and procedures of the HLURB.

 

However, oppositions to application/s for Locational Clearance, Variance or Exception shall be treated as a complaint and shall likewise be filed with the CZBAA.

 

SECTION 70. Functions and Responsibilities of the City Zoning Board of Adjustment and Appeals (CZBAA). There is hereby created a CZBAA which shall perform the following functions and responsibilities:

 

 

 

 

1. Acts on applications of the following nature:

 

1. Variances
2. Exceptions
3. Non-Conforming Uses
4. Complaints and Oppositions to Application/s
5. Special Use Permits
6. Innovative Technique or Design/Planned Unit Development

 

1. Acts on appeals on Grant or Denial of Locational Clearance by the Zoning Administrator. In such case, the CZBAA shall approve the corresponding Locational Clearance to be issued by the Zoning Administrator through a Board Resolution.

 

1. Imposes or prescribes the necessary fines/penalties in accordance with the provisions of this Zoning Ordinance and HLURB guidelines.

 

1. Acts on appeals regarding the non-conformity of existing uses, buildings or structures to the applicable provisions of this Ordinance.

 

1. Decisions of the CZBAA shall be carried by an absolute majority vote (50% + 1) of its members.

 

1. The CZBAA shall meet once in every two (2) months or when necessary.

 

SECTION 71. Appeals to CZBAA Decisions. Decisions of the CZBAA shall be appealable to the HLURB.

 

SECTION 72. Composition of the City Zoning Board of Adjustment and Appeals. The City Development Council-Executive Committee shall create a committee immediately after the approval of this Ordinance within six (6) months which shall act as the CZBAA composed of the following members:

 

1. City Mayor as Chairperson
2. SP Committee Chairperson on Urban Planning and Land Use
3. SP Committee Chairperson on Natural Resources and Environmental Protection
4. City Legal Officer
5. City Assessor
6. City Engineer
7. City Planning and Development Coordinator/Zoning Administrator
8. City Environment and Natural Resources Officer
9. City Agriculturist
10. City Disaster Risk Reduction and Management Officer
11. One (1) representative each from the Philippine Institute of Civil Engineering (PICE) and the United Architects of the Philippines (UAP), Zamboanga Chapter, nominated by their respective organizations and confirmed by the City Mayor. In the event of non-availability of any of the PICE and UAP representatives, the Sangguniang Panlungsod shall elect the number from the organization’s members as may be necessary to meet the total number above set forth, as representatives.
12. Two (2) representatives from non-government and civil society organizations nominated by their respective organizations, SP accredited NGO and members of City Development Council and Confirmed by the City Mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Panlungsod shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives.

 

As an appellate Board, the members of the CZBAA shall adopt its own internal rules that will govern its procedures.

The Zoning Administrator through the Zoning, Planning and Programming Division of the Office of the City Planning and Development Coordinator shall serve as the Secretariat to the CZBAA.

 

The CZBAA may invite resource persons in support of the performance of its functions.

 

Any of the above CZBAA members, in his/her absence, may designate and authorize a representative to the CZBAA.

 

SECTION 73. Review of the Zoning Ordinance. The City Zoning Review Committee (CZRC) is hereby created under the City Development Council, and shall convene at least once a year to review the Zoning Ordinance considering the CLUP, based on the following reasons/situations:

 

1. Updating/Revision of the CLUP
2. Introduction of projects of national and/or local significance
3. Force majeure events with City-wide land use implications
4. Petition for re-zoning/re-classification with City-wide implications
5. Increasing number of applications/issuances invoking Variances and Exceptions
6. Change in local development plans
7. Other reasons which are appropriate for consideration

 

SECTION 74. Composition of the City Zoning Review Committee. The City Zoning Review Committee (CZRC) shall be composed of sectoral experts as follows:

 

1. SP Committee Chairperson on Urban Planning and Land Use
2. City Planning and Development Coordinator
3. City Assessor
4. City Legal Officer
5. City Engineer
6. City Environment and Natural Resources Officer
7. City Disaster Risk Reduction Management Officer
8. City Agriculturist
9. City Agrarian Reform Officer (CARO)
10. City Health Officer
11. President, Association of Barangay Chairman
12. Three (3) Private Sector Representatives such as from Local Chamber of Commerce, local housing industry, federation of homeowner’s associations, and academe.
13. Two (2) NGO Representatives who are members of the City Development Council.

 

The Office of the City Planning and Development Coordinator shall serve as the Secretariat to the CZRC.

 

The CZRC may invite resource persons in support of the performance of its functions.

 

SECTION 75. Functions of the City Zoning Review Committee. The City Zoning Review Committee shall have the following functions:

 

1. Review the Zoning Ordinance for the following purposes:
2. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan.
3. Recommend changes to be introduced in the Comprehensive Land Use Plan and the Zoning Ordinance in the light of permits granted such as variances and exceptions, and increasing applications for rezoning and reclassification.
4. Identify provisions of the Ordinance that are difficult to enforce, are unworkable, or are no longer practical to implement.

 

1. Recommend to the Sangguniang Panlungsod necessary legislative amendments on the needed changes in the Zoning Ordinance as a result of the review conducted.

 

1. Coordinate with HLURB of the recommended changes to the Zoning Ordinance as a result of its review.

 

SECTION 76. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance, as a result of the review by the CZRC shall be treated as an amendment, provided that any proposed amendment to this Ordinance or provisions thereof shall be subject to public hearing and shall be carried out through a three-fourths vote of the Sangguniang Panlungsod.

 

The amendments shall be acceptable and eventually approved; provided,that there is sufficient evidence and justification for such proposal; provided further, that such proposal is consistent with the development goals, planning objectives and strategies of the Comprehensive Land Use Plan (CLUP) of Zamboanga City. Said amendments shall be carried out through an Ordinance of the Sangguniang Panlungsod.

 

Any amendment shall take effect only after approval and authentication by the Housing and Land Use Regulatory Board (HLURB).

 

SECTION 77. Violation and Penalty. Any person who violates any of the provisions of this Ordinance, shall, upon conviction, be subjected to fines/penalties for violators in accordance with the existing schedule of fines/penalties adopted and imposed by the HLURB in the exercise of its land use regulatory functions, or an imprisonment for a period not exceeding one (1) year at the discretion of the Court.

 

In case of violation by a corporation, partnership or association the penalty shall be imposed upon the erring officers thereof.

 

Notwithstanding the imposition of said fines/penalties, the Zoning Administrator may likewise recommend to the City Mayor the demolition of any structure found to be constructed in violation of this Ordinance or any conditions set forth in the Locational Clearance duly issued.

 

Willful violation of this Ordinance committed by Engineers, Architects, Master Plumbers and other related professions in the construction industry and/or contractors or developers shall be administratively fined with a minimum of One Thousand (P1,000.00) Pesos to a maximum of Five Thousand (P5,000.00) Pesos per violation and recommendation for the revocation of license.

 

Willful violation committed by City Government employees shall be subjected to the proper administrative sanction as provided in the Civil Service Commission Rules and Regulations or laws and if the case of warrants, dismissal from service.

 

In all cases, no Certificate of Occupancy and Business Permit shall be issued.

 

SECTION 78. Suppletory Effect of Other Laws and Decrees. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letters of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of Zamboanga City.

 

SECTION 79. NON-DIMUNITION OF NATIONAL STANDARDS.  The rules and standards provided in this Ordinance shall conform to the rules and standards provided by national agencies and shall not in any way diminish those that have been said by national laws and regulations.

 

            SECTION 80. CONSISTENCY BETWEEN NATIONAL AND LOCAL PLANS, PROGRAMS AND PROJECTS. Plans, programs and projects of national agencies that will be implemented within the locality, shall as much as practicable, be consistent with the provisions of this Ordinance.

 

            SECTION 81. SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be declared by the Court to be unconsititutional and invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

 

            SECTION 82. REPEALING CLAUSE. All ordinances, rules and regulations in conflict with the provisions of this Ordinance are hereby repealed; provided, that the rights that are vested upon the effectivity of this Ordinance shall not be impaired.

 

            SECTION 83. EFFECTIVITY CLAUSE. This Ordinance shall take effect upon ratification by the Housing And Land Use Regulatory Board.

           

            ENACTED: