08. csfp-clup chapter 7 (1)

CITY OF SAN FERNANDO, PAMPANGA

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

CHAPTER 7 – Zoning Ordinance 7-1

The Zoning Ordinance

“ Too much freedom breeds anarchy. And too much of national security

leads to despotism.”

- Lee Kuan Yew

7.1 Introduction:

ule of law – this has always been an ubiquitous item in the wish list of investors

when undertaking due diligence work on where to direct and place their

investments. Upon close examination of the marketing campaigns of some of the

world’s top investment places like Singapore, Hong Kong, New York, London, Zurich and other

premiere cities, one would notice that “rule of law” has become an omnipresent differentiating

criterion that is included in the advertising, public relations, multi-point selling and sales

promotion mantras and initiatives of the said cities. Indeed, the fair and effective rendition and

enforcement of justice and the predictability of policy and judicial outcomes are potent and

unambiguous stimulants in attracting investments into a locality. And the City of San Fernando

may commence in applying this beneficial doctrine by way of its judicious implementation of the

Zoning Ordinance, the details of which are elucidated below.

R

Chapter

7




Republic of the Philippines

CITY OF SAN FERNANDO (PAMPANGA)

Tanggapan ng Sangguniang Panlungsod

Present:

Hon. Edwin D. Santiago . . . . . . . . . . . . . Presiding Officer

Hon. Nelson G. Lingat . . . . . . . . . . . . . . Member

Hon. Jaime T. Lazatin . . . . . . . . . . . . . . . Member

Hon. Renato G. Agustin . . . . . . . . . . . . . . Member

Councilor Bernie T. Castro . . . . . . . . . . . Member

Councilor Raul F. Macalino . . . . . . . . . . Member

Councilor Rosemary G. Calimlim . . . . . . Member

Councilor Redentor S. Halili . . . . . . . . . . Member

Councilor Jesus R. Cuyugan . . . . . . . . . . Member

Councilor Ruperto D. Dumlao . . . . . . . . Member

Councilor Amando C. Santos . . . . . . . . . Member

Councilor Ralph Daniel M. Henson . . . . Member

On Official Business:

Hon. Alex F. Patio Member

Excerpts from the minutes of the 118th regular session of the 2

nd Sangguniang

Panlungsod of the City of San Fernando, Pampanga held at the Fortune Restaurant ,

GSO Road, Dolores, City of San Fernando, Pampanga on the 13th day of December

2006.

After careful deliberation, on motion presented by Councilor Hon. Nelson G. Lingat,

duly and jointly seconded by all Sangguniang Panlungsod members present, the

following CITY ORDINANCE was enacted on the 13th day of December 2006 and

final reading:

ORDINANCE NO. 2006-028

Author: Hon. Nelson G. Lingat

AN ORDINANCE APPROVING THE COMPREHENSIVE LAND USE PLAN

(CLUP) AND ZONING ORDINANCE OF THE CITY OF SAN FERNANDO,

PAMPANGA FOR 2007 - 2011.

WHEREAS, the formulation of the Comprehensive Land Use Plan (CLUP) of

the City of San Fernando, Pampanga was anchored on the following core edicts,

executive orders, circulars and mandates:




1. National Land Use Act – This national act promotes a land use

pattern that adheres to the following: meeting of food security;

promotion of rational population distribution; promotion of orderly

and balanced economic growth; sustainable use of natural resources;

preservation of environmental integrity; mitigation of natural and

man-made disasters; and harmonization of varied interests within

the framework of people empowerment;

2. Comprehensive Agrarian Reform Law or Republic Act 6657 – This

law implements the policy of the State to promote comprehensive

rural development and agrarian reform. Section 65 of the law

empowers the Department of Land Reform to reclassify or convert

land usage;

3. Urban Development and Housing Act of 1992 or Republic Act 7279

– This law mandates LGUs to conduct inventory and identify

suitable land for socialized housing;

4. National Integrated Protected Areas System (NIPAS) Law or

Republic Act 7586 – This law mandates the protection of national

parks, wildlife sanctuaries, protected landscapes and seascapes and

related areas;

5. Special Economic Zone Act of 1995 or Republic Act 7916 – This

law provides the legal framework and mechanism for the creation,

operation, administration and coordination of special economic

zones in the Philippines;

6. Local Government Code or Republic Act 7160 – This law,

specifically Section 20, empowers local government units (LGUs)

to reclassify agricultural lands in cases where the land ceases to be

economically productive and where the reclassification for

residential, commercial or industrial use will have substantially

greater value. Under Section 476, LGUs are mandated to formulate

economic, social, physical and other development plans and policies

that give emphasis on the improvement of the quality of life for

constituents;

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7. Executive Order No. 72 – This executive order prompts LGUs to

prepare and implement physical framework plans and

comprehensive land use plans in accordance with national standards

and guidelines;

8. Executive Order No. 124 – This executive order establishes

priorities and procedures in evaluating areas proposed for land

conversion in regional agri-industrial centers, tourism development

areas and sites for socialized housing;

9. Department of Interior and Local Government (DILG) Circular No.

92-05 – This circular provides for the adoption of the guidelines for

the formulation of physical framework plans. These guidelines,

among others, include the following: promotion of equitable access

to resources; all extractive activities must not affect the productivity

of adjoining activities; sustainable development of economic,

political and cultural affairs; promotion of industrialization via

sound agricultural development and agrarian reform; land usage

must be environment-friendly; and optimal use of land assets; and

10. Memorandum Circular No. 54 – This circular prescribes the

guidelines governing the Local Government Code. It mandates

cities and municipalities to reclassify agricultural lands into non-

agricultural uses.

WHEREAS, the updated 2007-2011 CLUP is strategically aligned with allied

development plans and its salient elements are consistent with the general principles,

goals and objectives that are expounded in the related development plans. Listed

below are some of the allied development documents where the updated 2007-2011

CLUP has strategic linkage:

- National Physical Framework Plan (2001-2030) – The vision of

this plan is anchored on sustainable development and growth

with social equity. It is development that will be sustainable for

all generations of Filipinos. It articulates the efficient and

sustainable use of the country’s land and other physical

resources so that the same may yield the greatest economic

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benefit to both the present and future generations. Like the

updated 2007-2011 CLUP, this plan revolves around the

following principles: food security; environmental stability and

ecological integrity; rational urban development; spatial

integration; equitable access to physical and natural resources;

private-public sector partnerships; and people empowerment;

- Medium-Term Philippine Development Plan (2004-2010) – In

congruence with the thrusts of this plan, the updated 2007-2011

CLUP also endeavors to pursue the following: sustainable and

more productive use of natural resources to promote investments

and entrepreneurship; promotion of responsible extractive

industries; strengthening the protection of ecologically fragile

areas like watersheds; creation of a healthier environment for the

population; and the mitigation of the occurrence of natural

disasters;

- Metro Luzon Urban Beltway Development Framework (2006-

2010) – Under this development framework, the 16 regions of

the country were grouped into four mega regions – North Luzon,

Metro Luzon, Central Philippines and Mindanao, plus the region

that cuts across the four mega regions dubbed as the Cyber

Corridor. North Luzon will be developed as an agribusiness

center in the North, Metro Luzon as the Urban Beltway, Central

Philippines as the Philippines’ tourism hub and Mindanao as the

country’s agribusiness center in the South. The framework is

founded on areas and factors where the Philippines have natural

competitive advantages. It is prognosticated that the mega

regions will not only be the harbingers of economic growth in

the country but would also bring about political transformation

and greater empowerment to local governments. Consistent with

the major thrusts of this framework, the updated 2007-2011

CLUP also positions the City of San Fernando as the preferred

investment site of choice among strategic investors and

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development partners, particularly in the areas of trading,

finance, tourism and allied services;

- Regional Physical Framework Plan (2005-2030) and the

Regional Development Plan (2004-2010) – Like these plans, the

updated 2007-2011 CLUP prompts the City of San Fernando to

optimize the use of its scarce natural resources in order to make

the city a preferred tourist junction and a globally-competitive

center of trading, finance and allied services;

- Subic-Clark Alliance for Development (SCAD) and the Metro

Clark Development Frameworks – These development

frameworks are premised on the greater economic benefits that

can be generated by the symbiotic relationships and intrinsic

advantages of Subic and Clark. Subic, being a premiere free

port and transshipment hub, will synergistically benefit from

complementary and mutually beneficial economic exchanges

with Clark, a formidable aerotropolis, and vice-versa. These

symbiotic and beneficial exchanges between the two economic

fulcrums will spawn spillover development in adjoining

localities. Hence, hastening the growth and development of the

local economies within the sphere of economic influence of the

SCAD and Metro Clark Development Frameworks. To benefit

from these frameworks, the underlying principles of the updated

2007-2011 CLUP were linked to these development

frameworks; and

- Provincial Physical Framework Plan and the Provincial

Development Plan – The preferred development strategies

indicated in these plans strategically fit with the underpinnings

of the updated 2007-2011 CLUP. The same aims to lodge the

City of San Fernando as a locality of choice for investments in

tourism, education, healthcare, finance, retail trade and services.

WHEREAS, the Sangguniang Panlungsod of the City of San Fernando,

Pampanga in session assembled, adopts as it hereby adopts the following Ordinance:




Article I

TITLE OF THE ORDINANCE

SECTION 1. Title - This Ordinance shall be known and cited as:

“The Comprehensive Zoning Ordinance of 2007-2011 of the City of San

Fernando, Pampanga”

Article II

AUTHORITY AND PURPOSES

SECTION 1. AUTHORITY - This ordinance is enacted pursuant to

the provisions of R.A. 7160 otherwise known as the New Local Government Code of

1991, particularly Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated October 10, 1991,

“authorizing the City Government through the Sangguniang Panlungsod to adopt a

Zoning Ordinance, subject to the provisions of pertinent and existing laws, and in

conformity with E.O. No. 72.

SECTION 2. PURPOSES - This Ordinance is enacted for the

following purposes:

1. Guide, control and regulate the future growth and development of the city

in accordance with its Comprehensive Land Use Plan (CLUP);

2. To define and delineate the land use for residential, commercial,

industrial, institutional, agricultural, open space and other functional areas

within the locality and promote the orderly and beneficial development of

the same;

3. Promote and protect the environment, health, sanitation, safety, peace,

comfort, convenience and general welfare of the inhabitants in the

locality;

4. Provide adequate natural light and air ventilation, maximum privacy and

convenience of access to property;

5. Prevent undue concentration of activities that may collectively cause

undue harm to the city’s populace;

6. Regulate the location and use of buildings and lands in such a manner as

to obviate the danger to public safety caused by undue interference with

existing or prospective traffic movements on such streets and

thoroughfares;

7. Provide safety from fire, pollution and other environmental hazards to life

and property: and




8. Harmonize pertinent provisions of this Zoning Ordinance with relevant

core edicts, executive orders, circulars, mandates and development plans.

SECTION 3. GENERAL ZONING PRINCIPLE - This Zoning

Ordinance is based on the approved Comprehensive Land Use Plan for the City of

San Fernando (Pampanga) by the Sangguniang Panlungsod of the City of San

Fernando.

Article III

DEFINITION OF TERMS

SECTION 1. DEFINITION OF TERMS - Words and phrases used

in this Zoning Ordinance are hereby defined in Annex A, an attached document that is

an integral part of this ordinance.

SECTION 2. INTERPRETATION OF TERMS - The interpretation

of technical terms in the Zoning Ordinance shall carry the same meaning given to

them in already approved codes, rules and regulations, such as, but not limited to, the

National Building Code, Water Code, Philippine Environment Code, Code on

Sanitation, National Pollution Control Act of 1976, Urban Development and Housing

Act of 1992 and other Implementing Rules and Regulations promulgated by the

HLURB.

Article IV

ZONE CLASSIFICATION

SECTION 1. DIVISION INTO ZONES OR DISTRICTS - To

effectively carry out the provisions of this Zoning Ordinance, the city, is hereby

divided into the following zones or districts as shown in the Official Zoning Maps.

1. Settlements Area

1.1 Low Density Residential Zone (R-1)

1.2 Medium Density Residential Zone (R-2)

1.3 General Residential Zone (GRZ)

2. Production Area

2.1 Agricultural Zone (AGZ)

2.1.1.1 Strategic Agriculture and Fishery Development Zone

(SAFDZ) Area

2.1.1.2 Agricultural Land Outside SAFDZ Area

2.1.1.3 Agri-Industrial/ Livestock Farms

2.1.2 Industrial Zone (IZ)

2.2 General Commercial Zone (GCZ)

2.3 Tourism Development Zone (TDZ)

3. Protected Area




3.1 SAFDZ area

3.2 Park and Open Space

3.3 Heritage and Historic Preservation

3.4 River and Creek Easement

3.5 Swamp

3.6 National and Local Road Easement

3.7 PNR Railway Easement

4. Infrastructure Area

4.1 Economic Infrastructure

4.2 Social Infrastructure

4.3 Administrative Infrastructure

4.4 Utilities and Transportation

SECTION 2. ZONING MAPS - It is hereby adopted as an integral

part of this Zoning Ordinance, the Official Zoning Maps for the urban and urbanized

areas and for the whole city, duly prepared by the Office of the City Planning and

Development Coordinator, wherein the designation, location and boundaries of the

districts/zones herein established are shown and indicated. Such Official Zoning

Maps shall bear the signature of the City Mayor and duly authenticated by the

Sangguniang Panlungsod. These maps can be found in Annex B.

SECTION 3. ZONE BOUNDARIES - The locations and

boundaries of the abovementioned zones are hereby identified and specified. These

zone boundaries refer to the Zoning Map and Proposed Comprehensive Land Use

Map, the details of which are expounded in Annex B.

1. Settlements Area/ Residential Zones (R-1, R-2 and GRZ) – The residential

zones in the zoning/urban map are all the areas colored yellow.

2. Agricultural Zones (AGZ) – The agricultural zones in the zoning/urban

map are all areas colored light green.

3. General Commercial Zone (GCZ) – The commercial zones in the

zoning/urban map are all areas colored red.

4. Industrial Zones (I-1, I-2 and I-3) – The industrial zones in the

zoning/urban map are all areas colored violet.

5. Protected Area – Includes SAFDZ area, Park and Open Space, Heritage

and Historic Preservation, River and Creek Easement, Swamp Area,

National and Local Road Easement, and PNR Railway Easement. These

are identified and accordingly reflected in the Zoning Map.

6. Infrastructure Area – Includes economic, social, and administrative

infrastructure, including utilities and transportation facilities, as well as

institutional facilities. These are identified and accordingly reflected in

the Zoning Map.




SECTION 4. INTERPRETATION OF THE ZONE BOUNDARY -

In the interpretation of the boundaries for any of the zones indicated on the

Zoning Map, the following rules shall apply:

1. Where zone boundaries are so indicated that they approximately follow the

center of streets or highway, the street or highway right-of-way lines, shall be

construed to be the boundaries.

2. Where zone boundaries are so indicated that they approximately follow the lot

lines, such lot lines shall be construed to be the boundaries.

3. Where zone boundaries are so indicated that they are approximately parallel to

the center lines or right-of-way lines of streets and highways, such zone

boundaries shall be construed as being parallel thereto and at such distance there

from as indicated in the zoning map. If no distance is given, such dimension shall

be determined by the use of the scale in said zoning map.

4. Where the boundary of a zone follows approximately a railroad line, such

boundary shall be deemed to be the railroad right-of-way.

5. Where the boundary of a zone follows a stream, lake or other bodies of water,

said boundary line shall be deemed to be at the limit of the political jurisdiction of

the community unless otherwise indicated. Boundaries indicated as following

shorelines shall be construed to follow such shorelines and in the event and in the

event of change in the shorelines, shall be construed as moving with the actual

shorelines.

6. Where a lot of one ownership, as of record at the effective date of this

ordinance, is divided by a zone boundary line, the lot shall be construed to be

within the zone where the major portion of the lot is located. In case the lot is

bisected by the boundary line, it shall fall in the zone where the principal structure

falls.

7. Where zone boundary is indicated as one lot deep, the said depthness shall be

construed to be the average lot depth greater than said average, the remaining

portion of said lot shall be construed as covered by the one lot deep zoning district

provided the remaining portion has an area less than fifty percent (50%) of the

total area of the entire lot. If average lot depth shall apply to the lot which shall

become a lot divided and covered by two or more different zoning districts, as the

case may be.

8. The textual description of the zone boundaries shall prevail over that of the

Official Zoning Maps.

Article V

ZONE REGULATIONS




SECTION 1. GENERAL PROVISION - The uses enumerated in

the succeeding section are neither exhaustive nor all-inclusive. The Sangguniang

Panlungsod may allow other uses not enumerated hereunder as it may deem fit on

proper. Specific uses/activities of lesser density or intensity within a particular zone

(R-I) may be allowed within the zone of higher density (R-2, R-3) but not vise versa,

or not in another zone of different nature and its subdivisions (e.g., C-1, C-2), except

for uses expressly allowed in said zones, such that the cumulative effect of zoning

shall be intrazonal and not interzonal. The Compatibility Matrix in Annex C shall

also provide a cursory guide on the use regulations in designated zones.

SECTION 2. USE REGULATIONS IN SETTLEMENTS AREA:

I. LOW DENSITY RESIDENTIAL ZONE (R-1). An R-1 shall be used

principally for housing/dwelling purposes so as to maintain the peace and quiet

environment of the area within the zone with a density of not more than 20 dwelling

units per hectare. The following are the allowable uses:

1. Detached family dwelling

2. Semi-detached family dwellings (e.g., duplex, townhouses)

3. Customary accessory uses like:

a. Servants quarters

b. Private garages

c. Guardhouses

4. Apartment of not more than five (5) doors

5. Boarding houses accommodating not more than five (5) boarders

6. Home occupation for the practice of one’s profession or for engaging in an in-

house personal services such as dressmaking, tailoring, baking, running a sari-sari

store, beauty parlors, barber shops and the like, provided that:

a. The number of persons engaged in such business/industry shall not

exceed five (5), inclusive of the owner;

b. There shall be no change in the outside appearance of the building or

premises;

c. No home occupation shall be conducted in any customary accessory

uses cited above;

d. No traffic shall be generated by such home occupation in greater

volume than would normally be expected in a residential

neighborhood and any need for parking generated by the conduct of

such home occupation shall be met, off the street and in a place other

than in a required front yard;

e. No equipment or process shall be used in such home occupation

which creates noise, vibration, glare, fumes, odors or electrical

interference that is adversely detectable to the normal senses and

visual or audible interference in any radio or television receivers or

causes fluctuations in line voltage off the premises.

7. Home industry classified as cottage industry provided that:

a. Such home industry shall not occupy more than thirty percent (30%)

of the actual floor area of the dwelling unit. There shall be no




change or alteration in the outside appearance of the dwelling unit

and shall not be a hazard/nuisance;

b. It shall consider the same provisions as enumerated in letters c, d and

e of number 6 above.

8. Recreational facilities for the exclusive use of the members of the family

residing within the premises, such as:

a. Swimming pools

b. Tennis/Pelota courts

c. Others

9. Community facilities such as:

a. Chapels and other similar places of worship

b. Barangay halls and other incidental facilities

c. Pre-schools, elementary and high schools

d. Police/Fire sub-stations

e. Clinic, nursing and convalescing health centers

f. Community parks and playground

g. Radio, TV and other communication facilities provided that their

sound maintenance shall be the exclusive responsibility of the

applicant and/ or person running them.

10. Clubhouse and its incidental facilities

11. Refilling stations and minor motor service shops located along major

thoroughfares

12. Mini-marts

13. Neighborhood laundry shops and dry-cleaning services

II. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). R-2 zones shall be for

housing/dwelling i.e. 21 to 65 dwelling unit per hectare. The following are the

allowable uses:

1. All uses allowed in R-1

2. Apartments of more than five (5) doors

3. Boarding houses of more than five (5) boarders

4. Dormitory houses

5. Hometels

6. Medium rise apartel buildings of not more than four (4) storeys located along

major thoroughfares

7. Vocational school

8. Shuttle bus terminal without incidental repair and maintenance facilities

9. Tricycle/Tri-sikad terminals

III. GENERAL RESIDENTIAL ZONE (GRZ). A GRZ shall be for

housing/dwelling purposes of high density with 66 or more dwelling units per hectare.

The following are the allowable uses:

1. All uses allowed in R-1 and R-2 Zones

2. Multi-level tenement houses

3. Cooperative centers/offices

4. Training centers

5. Public reading centers/libraries




6. Primary hospitals

7. Variance Subdivisions such as upgrading and sites & services projects

8. Socialized housing

9. Relocation projects

SECTION 3. USE REGULATIONS IN PRODUCTION AREA:

I. USE REGULATIONS IN AGRICULTURAL ZONE (AGZ). These areas

include i) SAFDZ lands, ii) agricultural lands outside SAFDZ, and iii) agri-industrial/

livestock farms. In the AGZ, the following uses shall be permitted:

1. Agro-industrial and other incidental uses directly supportive to large scale

commercial plantations such as processing/canning, packaging and similar

facilities, provided that all requirements of other government agencies

concerned for the conduct of such shall strictly be complied with

2. Hydro-electric generating plants and their related facilities

3. Transmission lines/towers

4. Telecommunication towers

5. Irrigation, flood control and their related facilities

6. Agricultural trading centers

7. Village level coconut oil processing mills

8. Ancillary dwelling units/farmhouses for tillers and laborers

9. Cultivation, raising and growing of staple crops such as rice, corn, camote,

cassava and the like

10. Raising of livestock (e.g., cattle, sheep, pigs, goats, horses, others) and

fowls (e.g., chickens, ducks, ostriches, others), hence, poultry, piggery and

related activities

11. Growing of diversified plants and trees such as fruit and flower bearing

trees, coffee, tobacco, etc.

12. Mushroom culture, fishing and fish culture, snake culture, crocodile farm,

monkey raising and the like

13. Customary support facilities such as palay dryers and rice threshers and

storage barns and warehouses

14. Agricultural research and experimentation facilities such as breeding

stations, fish farms, nurseries, demonstration farms, etc.

15. Home industry classified as cottage industry (e.g., mat weaving, pottery

making, food preservation, etc.) provided that:

a. Such home industries shall not occupy more than thirty percent (30%)

of floor area of the dwelling units. There shall be no change or

alteration in the outside appearance of the dwelling unit and shall not

be a hazard or nuisance;

b. The allotted capitalization shall not exceed more than one hundred

thousand pesos (P 100,000.00) during its entire operation;

c. Such shall consider the same provisions as enumerated in letters c, d

and e of Home Occupation under this section.

16. Other accessory uses incidental to agricultural activities

17. Fishing, fish culture and other similar aquatic activities

18. Agri-tourism and related activities

19. Rice/Corn mills




20. Drying, cleaning, curing and preserving of meat and its by-products and

derivatives

21. Flour mills

22. Cassava flour mills

23. Manufacture of coffee

24. Manufacture of unprepared animal feeds, grain milling, etc.

25. Production of prepared feeds for animals

26. Manufacture of charcoal

27. Milk processing

28. Butter and cheese processing

29. Natural fluid milk processing

30. Manufacture/processing of other dairy products

31. Canning and preserving of fruits and fruit juices

32. Canning and preserving of vegetables and vegetable juices/sauces

33. Miscellaneous canning and preserving of fruits and vegetables

34. Manufacture of desiccated coconut

35. Manufacture of starch and its products

36. Manufacture of wines from juices of local fruits

37. Vegetable oil mills including coconut oil

38. Sugarcane milling (centrifugal and refines)

39. Sugar refining

40. Muscovado sugar mill

41. Cotton textile mill

i. Manufacture/processing of other plantation crops

ii. Commercial and industrial activities using plant or animal parts

and/or products as raw materials

iii. Other accessory uses incidental to agro-industrial activities

II. USE REGULATIONS IN INDUSTRIAL (IZ). The permitted uses in the

Industrial Zone area are as follows:

(1) LIGHT INDUSTRIES(I-1)- Involves non-pollutive/non-hazardous and non-

pollutive/hazardous manufacturing/processing establishments, as follows:

A. Food Based Industries:

1. Drying fish

2. Biscuit factory manufacture of biscuits, cookies, crackers and other similar

dried bakery products

3. Doughnut and hopia factory

4. Manufacture of macaroni, spaghetti and vermicelli and other noodles

5. Other bakery products not elsewhere classified

6. Manufacture of dry ice, ice, ice cream, ice drops including cold storage

facilities

B. Leather Based Manufacturing:

1. Life belts factory

2. Manufacture of luggage, handbags, wallets and small leather goods

3. Manufacture of miscellaneous products of leather and leather substitute

4. Manufacture of shoes except rubber, plastic and wood

5. Manufacture of slippers and sandal except rubber and plastic




6. Manufacture of footwear parts except rubber and plastic

7. Manufacture of miscellaneous fabricated millwork

C. Wood Based Industries:

1. Manufacture of wooden and cane containers

2. Sawali, nipa and split cane factories

3. Manufacture of bamboo, rattan and other cane baskets and wares

4. Manufacture of cork products

5. Manufacture of wooden shoes, shoe laces and other similar products

6. Manufacture of wooden furniture and fixtures

7. Manufacture of miscellaneous wood products

D. Other Industries:

1. Manufacture of photographic & optical goods including eye glasses and

spectacles, optical lenses and related goods

2. Manufacture of paper stationery, envelopes and related articles

3. Repacking of industrial products e.g. paints, varnishes and other related

products

4. Private and public utility bus terminals garage where such vehicles are

stored, kept, maintained and repaired including storage facilities for spare

parts and other accessories.

5. Warehouse and open storages

6. Manufacture of musical instruments including organs, piano, wind-end

percussion and the like

7. Manufacture of watches and clock and other signal and detection

equipments.

8. Manufacture of commercial handicrafts and industrial activities utilizing

plant or animal parts and/or products as raw materials

(2) MEDIUM INDUSTRIES (I-2) - Involves pollutive/non-hazardous and

pollutive/hazardous manufacturing and processing establishments. Enumerated below

are the allowable uses:

A. All uses allowed in I-1

B. Food Based Industries:

1. Processing and canning of ham, bacon and native sausage

2. Poultry processing and canning

3. Corn mills/Rice mills

4. Chocolate and cocoa factories

5. Candy factories

6. Chewing gum factories

7. Peanuts and other nuts factories

8. Other chocolate and confectionery factories

9. Manufacture of flavoring extracts

10. Manufacture of food products (e.g., vinegar, vetsin, soy sauce, etc.)

11. Manufacture of fish meat

12. Oyster shell grading

13. Flour mills

14. Cassava flour mills

15. Manufacture of coffee, pineapple and banana products




16. Drying, cleaning, curing and preserving of meat and its by-products and

derivatives

17. Other similar food base industries

C. Wood-Based Industries:

1. Manufacture of rough lumber

2. Manufacture of worked lumber

3. Saw mills

4. Manufacture of veneer, plywood and woodtile products

5. Manufacture of worked lumber

6. Treating and preserving of wood

7. Manufacture of charcoal base products

8. Manufacture of wood and cane blinds, screen and shades

9. Manufacture of containers and boxes of paper and paper boards

10. Manufacture of miscellaneous pulp and paper products

11. Manufacture of wood furniture including upholstered

12. Manufacture of rattan furniture including upholstered

13. Manufacture of box beds and mattresses

D. Agricultural-Based Industries:

1. Manufacture of unprepared animal feeds, other grain milling

2. Production of prepared feeds for animals (feed mills)

3. Cigar and cigarette factory

4. Curing and re-drying tobacco leaves

5. Drying, smoking and airing of tobacco

6. Miscellaneous processing of tobacco leaves

7. Other agricultural based products

E. Non-Metallic-Based Industries:

1. Manufacture of statuary, art goods, cut stones and marble products

2. Manufacture of abrasive products

3. Manufacture of miscellaneous nonmetallic mineral products

E. Metallic-Based Industries:

1. Manufacture of household metal furniture

2. Manufacture of office, store and restaurant metal furniture

3. Manufacture of metal blinds, screens and shades

4. Manufacture of miscellaneous furniture and fixture primarily of metal

5. Manufacture of fabricated structural iron and steel

6. Manufacture of architectural and ornamental metal works

7. Manufacture of boilers, tanks and other structural sheet metal works

8. Manufacture of other structural products

9. Manufacture of metal cans, boxes and containers

10. Manufacture of stamped coated and engraved metal products

11. Manufacture of fabricated wire and cable products

12. Manufacture of heating, cooking and lighting equipment except electrical

13. Sheet metal works generally manual operation

14. Manufacture of other fabricated metal products except machinery and

equipment

G. Chemical -Based Industries:

1. Manufacture of perfumes cosmetics and other toilet preparations

2. Manufacture of waxes and polishing preparations

3. Manufacture of candles




4. Manufacture of inks

5. Manufacture of miscellaneous chemical products

H. Plastic and Rubber- Based Products:

1. Manufacture of plastic footwear

2. Manufacture of plastic furniture

3. Manufacture of other fabricated plastic products

4. Tire retreating and rebuilding

5. Manufacture of rubber shoes and slippers

6. Manufacture of industrial and molded rubber products

I. Other Industries:

1. Manufacture of medicinal and pharmaceutical preparations

2. Manufacture of cutlery, except table flatwares

3. Manufacture of hand tools

4. Manufacture of general hardware

5. Manufacture of miscellaneous cutlery hand tools and general hardware

6. Manufacture or assembly of agricultural machinery and other heavy

equipment machinery

7. Native plow and harrow factories

8. Repair of agricultural machinery

9. Manufacture of assembly of service industry machines

10. Manufacture of assembly of elevators and escalators

11. Manufacture or assembly of sewing machines

12. Manufacture or assembly of cooking ranges

13. Manufacture or assembly of water pumps

14. Refrigeration industries

15. Manufacture or assembly of other machinery and equipment except electrical

16. Manufacture and repair of electrical apparatus

17. Manufacture and repair of electrical cables and wires

18. Manufacture of electrical cables and wires

19. Manufacture of other electrical industrial machinery and apparatus

20. Manufacture or assembly of electric equipment, radio, television, tape

recorders, stereo

21. Manufacture or assembly of radio and television transmitting, signaling and

detection equipment

22. Manufacture or assembly of telephone and telegraphic equipment

23. Manufacture of other electronic equipment and apparatus

24. Manufacture of industrial and commercial electrical equipment

25. Manufacture of household cooking, heating and laundry appliances

26. Manufacture of other electrical appliances

27. Manufacture of electric lamp fixtures

28. Weaving of hemp textile

29. Jute spinning and weaving

30. Miscellaneous spinning and weaving mills,

31. Hosiery mills

32. Underwear and outwear knitting mills

33. Fabric knitting mills

34. Miscellaneous knitting mills

35. Manufacture of mats and matting

36. Manufacture of carpets and rugs




37. Manufacture of cordage, rope and twine

38. Manufacture of related products from abaca, sisal, henequen, hemp, cotton,

paper, etc.

39. Manufacture of linoleum and other surfaced coverings

40. Manufacture of artificial leather, oil cloth and other fabrics except rubberized

materials

41. Manufacture of coil

42. Manufacture of miscellaneous textiles

43. Manufacture of table and kitchen articles

44. Manufacture of pottery, china and earthenwares

45. Manufacture of flat glass

46. Manufacture of glass containers

47. Manufacture of miscellaneous glass and glass products

48. Manufacture of clay bricks, clay tiles and hollow clay tiles

49. Manufacture of miscellaneous structural clay products

50. Manufacture of structural concrete products

51. Manufacture of asbestos products

52. Manufacture of engines and turbines except motor vehicles, marine crafts

and aircrafts

53. Manufacture of metal cutting, shaving and finishing machinery

54. Manufacture of wood working machinery

55. Manufacture, assembly, rebuilding, repairing of food and beverage making

machinery

56. Manufacture, assembly, rebuilding, repairing of textile machinery and

equipment

57. Manufacture, assembly, rebuilding, repainting of paper industry machinery

58. Manufacture, assembly, rebuilding, repairing of printing, trade machinery

and equipment

59. Manufacture of rice mills

60. Manufacture of machines for leather and leather products

61. Manufacture of construction machinery

62. Manufacture of machines for clay, stove and glass industries

63. Manufacture, assembly, repair, rebuilding of miscellaneous special industrial

machinery and equipment

64. Manufacture of dry cells, storage and other batteries

65. Boat building and repairing

66. Ship repairing, dock yards, dry docks and shipways

67. Miscellaneous shipbuilding and repairing

68. Manufacture of locomotives and parts

69. Manufacture of railroads or automobiles, cars, buses, trucks and trailers

70. Manufacture or assembly of automobiles, cars, buses, trucks and trailers

71. Assembly of motorcycle, cars, trucks and the like

72. Plant for computer and other electronic devices

(3) HEAVY INDUSTRIES (I-3). I-3 are for large scale highly

pollutive/non-hazardous; highly pollutive/hazardous, highly pollutive/extremely

hazardous, non-pollutive/extremely hazardous; and pollutive/extremely hazardous

manufacturing and processing establishments. Enumerated below are the allowable

uses:




A. All uses allowed in I-2 Zone

B. Food-Based Industries:

1. Meat processing, curing, preserving except processing of ham, bacon, sausage

and chicharon

2. Ice cream factories

3. Milk processing plants (e.g., manufacturing filled, reconstituted, recombined,

condensed or evaporated milk)

4. Butter and cheese processing plants

5. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing,

bottling of natural animal milk and cream related products)

6. Processing of other dairy products

7. Canning and preserving of fruits and fruit juices

8. Canning and preserving of vegetable and vegetable sauces

9. Canning and preserving of vegetable sauces

10. Miscellaneous canning and preserving of fruits and vegetables

11. Fish canning

12. Patis factories

13. Bagoong factories

14. Processing, preserving and canning of fish and other seafood

15. Manufacture of desiccated coconut

16. Manufacture of starch and its products

17. Manufacture of wines from juices of local fruits

18. Manufacture of malt and malt liquors

19. Manufacture of soft drinks carbonated water

20. Manufacture of instant beverages and syrups

21. Other non-alcoholic beverages

22. Slaughtering, preparation and preservation of meat products

23. Vegetable oil mills, including coconut oil refineries

24. Manufacture of refined cooking oil and margarine

25. Manufacture of fish, marine and other animal oils

26. Manufacture of vegetable and animal oils and fats

27. Sugar cane milling (centrifugal and refined)

28. Sugar refining

29. Muscovado sugar mills

30. Distilled, rectified and blended liquors

C. Other Industries:

1. Cement factories

2. Cotton textile mills

3. Ramie textile mills

4. Rayon and other man-made fiber textile mills

5. Bleaching and drying mills

6. Manufacture of narrow fabrics

7. Tanneries and leather finishing plants

8. Pulp mills

9. Paper and paperboard mills

10. Manufacture of fiberboards

11. Manufacture of inorganic salts and compounds

12. Manufacture of soap and cleaning preparations




13. Manufacture of hydraulic cement

14. Manufacture of lime and lime kilns

15. Manufacture of plaster

16. Blast furnaces, steel works and rolling mills

17. Iron and steel foundries

18. Manufacture of smelted and refined nonferrous metals

19. Manufacture of rolled, drawn or astruded nonferrous metals

20. Manufacture of nonferrous foundry products

21. Manufacture of industrial alcohol

22. Other basic industrial chemicals

23. Manufacture of fertilizers

24. Manufacture of pesticides

25. Manufacture of synthetic resins, plastic materials and man-made fibers

except glass

26. Petroleum refineries

27. Manufacture of reclaimed, blended and compound petroleum products

28. Manufacture of miscellaneous products of petroleum and coals

29. Manufacture of paints

30. Manufacture of varnishes, shellac and stains

31. Manufacture of paint removers

32. Manufacture of other paint products

33. Manufacture of matches

34. Manufacture of tires and inner tubes

35. Manufacture of processed rubber not in rubber plantation

36. Manufacture of miscellaneous rubber products,

37. Manufacture of compressed and liquified gases

III. OTHER USE REGULATIONS IN INDUSTRIAL ZONES. For land uses

under the use regulations for I-1, I-2 and I-3, the corresponding certification as to

whether they fall under the non-pollutive, pollutive or highly pollutive categories and

further classified as non-hazardous, hazardous and extremely hazardous, shall first be

secured from the Regional Office of the Department of Environment and Natural

Resources.

No industries listed under use regulation for I-1 and I-2 districts shall be allowed

inside areas for purely residential subdivisions existing prior to the approval of this

Zoning Ordinance even if such residential subdivisions are within the Industrial

Districts as described in this Ordinance.

IV. GENERAL COMMERCIAL ZONE (GCZ). A GCZ shall be principally

for trade, services and business activities. Enumerated below are the allowable uses:

1. Office buildings like:

a. Office/condominium buildings

b. Office/residential/condominium buildings

2. General retail stores and shops like:

a. Department stores/shopping centers

b. Bookstores and office supply shops

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c. Grocery stores /mini marts

d. Supermarkets

e. Wine, cigar and cigarette shops

f. Car accessory shops

g. Home appliances stores

h. Record and musical instrument shops

i. Medical equipment stores

j. Photo shops

k. Flower shops

l. Pet shops

m. Duty free shops

n. Sports supplies and accessory shops

o. Gifts and souvenir shops

p. RTW shops and/or boutiques

q. Shoe shops

r. Second hand retail shops such as books, used clothing, furniture, appliances

and the like

s. Art gallery shops

3. Food shops /outlets such as:

a. Food marts

b. Bakeries and bakeshops

c. Restaurants/Eateries

d. Fast food centers

e. Grilled/Roasted food outlets

f. Ice cream parlors

g. Fruit stands

h. Candy shops

4. Personal services shops like:

a. Beauty parlors

b. Barber shops

c. Sauna bath and massage clinics

d. Dressmaking, tailoring and embroidery shops

e. Medical clinics

f. Aerobics/Body-Building centers

g. Reflexology and acupuncture service centers and the like

h. Portrait shops

5. Sports and Recreational Centers:

a. Moviehouses

b. Playcourts (e.g., tennis, bowling, billiard)

c. Indoor shooting ranges

d. Mini-golf courses/driving ranges

e. Swimming pools

f. Day and night clubs, disco pubs, videoke/karaoke/KTV bars, beer/pubhouses,

bars and the like subject to existing local ordinances/regulations as to its

distance from the nearest institutional structures such as schools, churches,

hospitals and the like.

g. Stadiums, coliseums, gymnasiums

h. Skating rinks

h. Carnivals and recreational shows

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i. Other sports and recreational and amusement establishments except casinos,

cockpits or other forms of gambling activities

6. Short term special education like:

a. Dancing schools

b. School for self-defense

c. Driving schools

d. Speech clinics

e. Music studios/schools

7. Commercial housing like:

a. Residential condominiums

b. Hotels

c. Pension/lodging houses/inns

d. Apartments and similar structures and uses

e. Boarding houses

f. Dormitories

g. Storerooms and similar storage facilities necessary for the effective conduct of

the business

8. Institutional activities such as:

a. Colleges/Universities

b. Embassies and consulates

c. Libraries and museums

d. Convention centers and related facilities

e. Government offices

f. Hospitals

g. Scientific, cultural and academic centers and research facilities except

nuclear, radioactive, chemical and biological warfare facilities

h. Public parks and playgrounds including public zoo

9. Other trade, services and business activities such as:

a. Banks and other similar financial institutions

b. Hardware/auto supply and spare parts stores with storerooms incidental to the

principal use

c. Filling/service stations

d. Vocational/technical schools

e. Off-street and multi-level parking areas

f. Radio and television stations

g. Printing shops and publishing houses

h. Pawnshops and goldsmith services

i. Watch, locksmith and other light electrical and mechanical repair shops

j. Laundry shops and dry cleaning services

k. Typing, photocopying and engraving services

l. Messengerial services

m. Janitorial services

n. Security agencies

o. Recruitment agencies

p. Vehicle rental services

q. Bag/Shoe repair shops

r. Clubhouses

s. Booking offices

t. Small vulcanizing shops

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u. Advertising offices

v. Radio, TV and other communication facilities

w. Tire and vulcanizing shops

x. Memorial chapels, funeral parlors, mortuaries, crematoriums and similar

services

y. Other similar commercial activities not elsewhere classified

10. Repair shops like:

a. House appliance repair shops

b. Motor vehicle and accessory repair shops (Note: All shops shall be provided

with adequate working space and no vehicle repair or no storage shall be

allowed on the road right-of-way)

c. Home furnishing shops

d. Electrical and mechanical equipment repair shops

11. Satellite PUJ terminals provided the same are located outside the Central

Business District (CBD) and upon the recommendation of the Office of the City

Planning and Development Office

12. Billboards /Signboards making/ advertising shops

13. Small and medium scale junk stores of not more than 50.00 sq.m. of floor area

14. Machinery sales and services

15. Carwash services

16. Automobile sales and services

17. Heavy equipment sales and services

18. Machine shop service operations for engine repair rebuilding or custom job

orders

19. Lumber yards without machinery

20. Tire recapping centers (cold process)

21. Blacksmith/Tinsmith shops

22. Woodworks /Furniture shops

23. Steel works such as:

a. Window grills fabrication

b. Window casement/steel doors making

c. Steel Gate/Fence making

d. Garden/Home furniture making

e. Cutflowers/Plant accessories shops

f. Other similar steel fabrication activities

24. Lechon or whole pig roasting

25. Doughnut and hopia factories

26. Other bakery products not elsewhere classified

27. Repacking of food products (e.g., fruits, vegetables, sugar and other related

products)

28. Wholesale establishments/stores or offices with storage facilities and display of

commodities/ items for sale

29. Warehouse and open storages

30. Other commercial activities not elsewhere classified

V. TOURISM DEVELOPMENT ZONE (TDZ). A TDZ refers to areas where

major tourism projects or tourist related activities shall be allowed provided that the

same shall be in accordance with the Department of Tourism (DOT) guidelines and

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standards and shall have secured special local government requirements. A citywide

tourism plan shall be formulated which will spell out the necessary guidelines for the

use and development of the area. Initially, the following are the

activities/establishments allowed in the TDZ:

1. Eco-tourism projects

2. Agri-tourism projects

3. Theme parks

4. Hotels, convention facilities, and restaurants

5. Shopping centers, souvenir shops, tourism information office

6. Other related activities

SECTION 4. USE REGULATIONS IN PROTECTED AREAS:

I. SAFDZ AREAS. Republic Act 8435 otherwise known as the Agriculture

and Fishery Modernization Act (AFMA) of 1997 is a landmark legislation aimed at

ensuring the food security of the country at the same time catalyzing agro-industrial

development. The strategy is to mark on the ground the Network of Protected Areas

for Agriculture and Agro-industrial Development (NPAAAD) and from the

NPAAAD, identify the Strategic Agriculture and Fishery Development Zones

(SAFDZ). The identified SAFDZ lands shall be protected and non-negotiable for

conversion subject to the provisions of the AFMA law. Allowed uses corresponds to

developments zones as shown below:

1. Strategic crop sub-development zone;

2. Strategic livestock sub-development zone;

3. Strategic fishery sub-development zone;

4. Integrated strategic crop-fishery sub-development zone;

5. Integrated strategic crop-livestock sub-development zone;

6. Integrated strategic fishery-livestock sub-development zone; and

7. Integrated strategic crop-livestock-fishery sub-development zone;

II. PARKS AND OPEN SPACE. The following uses shall be allowed in

this zone:

1. Parks/Gardens

2. Resort areas

3. Open air or outdoor sports activities and support facilities, including low-rise

stadiums, gyms, amphitheaters and swimming pools

4. Golf courses, ball courts, race tracks and similar uses

5. Memorial parks/shrines/monuments, kiosks and other park structures

6. Wild life parks, botanical and zoological gardens

7. Theme parks

III. HERITAGE AND HISTORIC PRESERVATION. Heritage and historic

preservation sites shall be protected from any form of desecration and vandalism.

Preservation and rehabilitation of the same shall be undertaken through the

formulation of guidelines which shall focus on adaptive and re-use concepts. These

areas are:

1. Hilaga Northern Philippines (Formerly Paskuhan Village)




2. Metropolitan Cathedral of San Fernando

3. Pampanga Provincial Capitol

4. City Hall of San Fernando

5. Macario Arnedo Park

6. First Concrete Pavement Marker - Baluyut Bridge

7. Pampanga Hotel

8. Leaning Tower

9. San Fernando Train Station

10. Other Sites and Attractions – These include the mansions of the early ilustrado

Pampango families, like the Hizons, Lazatins, Hensons and Consunjis.

IV. RIVER EASEMENTS AND SALVAGE ZONES. Article 51 of Presidential

Decree No. 1067 a.k.a. The Water Code of the Philippines states that: “The banks of

rivers and streams and the shores of the seas and lakes throughout their entire length

and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural

areas and forty (40) meters in forest areas, along their margins, are subject to the

easement of public use in the interest of RECREATION, NAVIGATION,

FLOTAGE, FISHING AND SALVAGE. NO PERSON shall be allowed to stay in

this zone longer that what is necessary for recreation, navigation, flotage, fishing or

salvage OR TO BUILD STRUCTURES OF ANY KIND.”

Building structures of any kind in this zone are absolutely prohibited, except for bank

or shore stabilization structures, fences to set off the easement from private property

lines or footpaths and walkways in case such easements are developed into public

parks, promenades and the like.

Allowable activities/uses include linear parks, tree planting and riverside vegetation.

V. INFRASTRUCTURE RIGHT OF WAYS (ROWs). It is reiterated herein

that these ROWs, setbacks/easements, and even road sidewalks should be protected

and must be secured from development to eliminate congestion and ensure public

safety.

VI. ENVIRONMENTALLY CRITICAL AREAS. The vulnerability of the

entire Poblacion and the CBD to flooding makes it an environmentally critical area.

While a massive engineering intervention may address the problem, the City should

be very conservative in issuing locational clearances and development permits. In

critical areas where threat is very obvious (e.g. near water ways and low lying areas),

applicants must produce the necessary studies, which include but not limited to

environmental impact studies. This will be the basis in granting permits.

SECTION 5. USE REGULATIONS IN INFRASTRUCTURE AREAS -

Infrastructure areas include institutional uses including memorial parks and

cemeteries; sports and recreational facilities; and utilities and transportation.

1. Allowable institutional uses in this zone are enumerated below.

a) Government center to house national, regional or local offices in the area

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b) Colleges, universities, professional business schools, vocational and trade

schools, technical schools and other institutions of learning

c) General hospitals, medical center and multi-purpose clinics

d) Scientific, cultural and academic centers and research facilities except

nuclear, radioactive, chemical and biological warfare facilities

e) Convention centers and related facilities

f) Religious structures e.g. church, seminary, convents

g) Museum/public libraries, reading centers

h) Student housing, e.g. dormitories, boarding house

i) Cemeteries and similar burial grounds

j) Welfare houses, orphanages, boys and girls town, home for the aged and

the like

k) Rehabilitation and vocational training centers for ex-convicts, drug

addicts, unwed mothers, physically, mentally and emotionally

handicapped, ex-sanitarium inmates and similar establishments

l) Penitentiary and correctional institutions

2. Sports and recreational facilities allowed are:

a) Resort areas including accessory uses

b) Fishing parks

c) Other uses similar, related or directly incidental to the above uses

3. Utilities and transportation facilities allowed are:

a) Domestic water supply system installations including tube well drilling

fields and storage tanks and reservoirs

b) Transportation terminals

c) Radio, television and television transmitter, receiver and repeater facilities

d) Electrical power plant, substation, and power distribution lines with a rated

capacity in excess of 64 KVA

e) Roads and streets of all types and related fixtures within the legal right of

way, including off-street parking facilities and transport terminals

f) Telecommunications facilities, provided that an easement of 100 meter

radius or equivalent to the height of the tallest tower structure, as the case

may be, the transmission towers shall be reserved and protected. No

residential houses or trees exceeding 5 meters in height shall be allowed

within the easement

g) Transmission line of utility companies like the National Power

Corporation, provided that an easement of 15-75 meters along or below

the high-tension power transmission lines depending on the rated capacity

of the line shall be reserved and protected. No residential houses or trees

that exceed 5 meters in height shall be allowed within the easement




Article VI

INNOVATIVE TECHNIQUES

SECTION 1. INNOVATIVE TECHNIQUES OR DESIGNS -

Applications for projects that promote urban renewal and restoration work, or

introduce creativity or flexibility of design or plan, such as but not limited to historic

preservation development, planned unit development and similar developments, may

be approved by the local government through the office in charge of the city zoning

administration provided that:

1. The proposed land use will not alter the essential character of the zone, especially

its population density, number of dwelling units per hectare, traffic and parking

generation and the dominant land use of the zone;

2. Necessary environmental clearances and other government approvals are

obtained;

3. Other plans or studies that may be required by the city zoning administration in

order to assess the application are submitted;

4. The application follows the process prescribed by the city zoning administration.

Article VII

PROJECTS OF NATIONAL SIGNIFICANCE

SECTION 1. PROJECTS OF NATIONAL SIGNIFICANCE - Projects

may be declared by the NEDA Board as projects of national significance pursuant to

Section 3 of E.O. 72. When a project is declared as such, the locational clearances

shall be issued by the HLURB pursuant to E.O. 72.

Article VII

TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT

SECTION 1. TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT-

The owner or developer of a building or a mixed use development that has a

total floor area of at least 5,000 square meters shall be required to submit, as part of

the application for a building permit, a traffic and utilities impact study that indicates

the estimated volume and flow of vehicular traffic into and out of the building or

mixed use development, the impact of such vehicular traffic to the immediate vicinity,

corresponding traffic management procedures and mitigating devices, and the

estimated impact of the building or mixed use development on existing utilities.

Article IX

LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-

ECONOMIC AND ENVIRONMENTAL SIGNIFICANCE

SECTION 1. LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL

SOCIO-ECONOMIC AND ENVIRONMENTAL SIGNIFICANCE -




All projects that fall within the above project classification shall be subjected to

proper technical evaluation by all concerned government agencies to include the

Barangay Development Council (BDC) and the City Development Council (CDC).

Said evaluations shall be reviewed by and appropriate recommendations and actions

shall be pursued by the Sangguniang Panlungsod. Projects that fall under this section

should obtain their clearances from:

1. Residential Subdivisions, Condominiums and Town Houses – Clearances from

the Office of the City Planning and Development Coordinator, City Engineer’s

Office, City Health Office, City Agriculture, Veterinary, Environmental and

Natural Resources Office, City Water District

2. Resettlement Areas – Clearances from the Office of the City Planning and

Development Coordinator, City Engineer’s Office, City Agriculture, Veterinary,

Environmental and Natural Resources Office, City Water District

3. Upgrading Sites and Services – Clearances from the Office of the City Planning

and Development Coordinator, City Agriculture, Veterinary, Environmental and

Natural Resources Office, City Engineer’s Office, City Water District

4. Farm Lot Subdivisions – Clearances from the Office of the City Planning and

Development Coordinator, City Agriculture, Veterinary, Environmental and

Natural Resources Office

5. Miscellaneous Sales Applications/Foreshore Lease Applications – Clearances

from the Office of the City Planning and Development Coordinator, City

Engineer’s Office, City Agriculture, Veterinary, Environment and Natural

Resources Office

6. Commercial Centers/Business Parks/Malls – Clearances from the Office of the

City Planning and Development Coordinator, City Engineer’s Office, City Health

Office, City Agriculture, Veterinary, Environmental and Natural Resources

Office, City Water District

7. Industrial Estates/Subdivisions – Clearances from the Office of the City Planning


Natural Resources Office, City Engineer’s Office

8. Cemeteries/Memorial Parks – Clearances from the Office of the City Planning


Natural Resources Office, City Water District, City Health Office

9. Golf Courses – Clearances from the Office of the City Planning and Development

Coordinator, Department of Environment and Natural Resources, City Water

District

10. Reclamation Site – Clearances from the Office of the City Planning and


Natural Resources Office, City Engineer’s Office

11. Private and Landing Strips, Airports and Heliports/pads – Clearances from the

Office of the City Planning and Development Coordinator, Civil Aeronautics

Administration and Philippines Air Force Command in Clark, Pampanga

12. Dumping Sites/Incinerators/ Sanitary Landfills – Clearances from the Office of

the City Planning and Development Coordinator, City Agriculture, Veterinary,

Environmental and Natural Resources Office, City Health Office, City Water

District




13. Mining and Quarrying – Clearances from the Office of the City Planning and



14. Manufacture of Explosives – Clearances from the Office of the City Planning and


Natural Resources Office, Philippine National Police Command in Pampanga

15. Nuclear, Radio Active, Chemical and Biological Research Centers – Clearances

from the Office of the City Planning and Development Coordinator, City Health

Office, City Agriculture, Veterinary, Environmental and Natural Resources

Office, Philippine National Police Command in Pampanga, City Water District

16. Power Generation Plants/Stations – Clearances from the Office of the City

Planning and Development Coordinator, City Agriculture, Veterinary,

Environmental and Natural Resources Office, National Power Corporation, City

Environment and Natural Resources Office, City Health Office

17. Funeral Parlors/Memorial Chapels/Mortuaries – Clearances from the Office of the

City Planning and Development Coordinator, City Health Office, City

Agriculture, Veterinary, Environmental and Natural Resources Office, City Water

District

18. Cockpits – Clearances from the Office of the City Planning and Development

Coordinator, City Health Office, City Agriculture, Veterinary, Environmental and


19. Slaughterhouses – Clearances from the Office of the City Planning and

Development Coordinator, City Health Office, City Agriculture, Veterinary,


20. Civic Centers – Clearances from the Office of the City Planning and Development

Coordinator, City Health Office, City Water District

21. Sewerage Treatment Plants – Clearances from the Office of the City Planning and



22. Race Tracks, Jai-alai Centers, Lottery Centers, Casinos and all other forms of

Gambling Activities – Clearances from Office of the City Planning and

Development Coordinator, City Health Office, City Water District, City

Engineer’s Office

23. Motels – Clearances from the Office of the City Planning and Development

Coordinator, City Health Office, City Water District, City Engineer’s Office

24. Planned Unit Development – Clearances from the Office of the City Planning and

Development Coordinator, City Engineer’s Office, City Health Office, City

Agriculture, Veterinary, Environment and Natural Resources Office, City Water

District

25. New Town Development – Clearances from the Office of the City Planning and


Environment and Natural Resources Office

Article X

GENERAL DISTRICT REGULATION

SECTION 1. HEIGHT REGULATIONS - Building height must conform to

the height restrictions and requirements of the Air Transportation Office (ATO) as




well as the requirements of the National Building Code, the Structural Code as well as

all laws, ordinances, design standards, rules and regulations related to land

development and building construction and the various safety codes.

SECTION 2. HEIGHT REGULATIONS IN LOW DENSITY RESIDENTIAL

ZONE (R-I) -

In R-I Zone, no building or structure for human occupancy whether public or

private shall exceed nine (9) meters in height.

SECTION 3. HEIGHT REGULATIONS IN MEDIUM DENSITY

RESIDENTIAL Zone (R-2) -

In R-2, no building or structure for human occupancy whether public or

private shall exceed twelve (12) meters in height.

SECTION 4. ALL OTHER ZONE - There is no fixed building height

limits except those prescribed by the Air Transportation Office (ATO) and other

government regulations. Within these zones, building heights shall be based on the

prescribed floor area ratio.

SECTION 5. EXEMPTIONS FROM HEIGHT REGULATIONS IN R-1 AND R-

2-

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 and/or

the Air Transportation Office.

SECTION 6. AREA REGULATIONS - Area regulations in all zones shall

conform with the minimum requirement of the existing laws and codes such as:

1. P.D. 957 - The “Subdivision and Condominium Buyers’ Protective Law”, and its

revised implementing rules and regulations

2. B.P. 220 - “Promulgation of Different Levels of Standards and Technical

Requirements for Economic and Socialized Housing Projects” and its revised

implementing rules and regulations

3. P.D. 1096 - National Building Code

4. Fire Code

5. Sanitation Code

6. Plumbing Code

7. Structural Code

8. Executive Order No. 648

9. Other relevant guidelines promulgated by the national agencies concerned

SECTION 7. ROAD SETBACK REGULATIONS - The following

road setback regulations shall be applied:

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ROAD SETBACK

Major

Thoroughfares

30m & above

Secondary Roads Tertiary Roads Zoning

Classifications

Diversion/Railway Provincial/City Municipal/Barangay

Residential 10 10 3

Commercial 20 20 7

Industrial 30 25 10

Agricultural 20 20 7

Agro-Industrial 30 25 10

Institutional 20 20 10

Parks and

Recreation

10 10 3

Forest 30 25 10

SECTION 8. BUFFER REGULATIONS - A buffer of 3

meters shall be provided along entire boundary length between two or more

conflicting zones allocating 1.5 meters from each side of the district boundary. Such

buffer strip should be open and not encroached upon by any building or structure and

should be a part of yard or open space.

SECTION 9. SPECIFIC PROVISIONS IN THE NATIONAL BUILDING

CODE-

Specific provisions stipulated in the National building Code (P.D. 1096) relevant

to traffic generators, advertising and business signs, erection of more than one

principal structure, dwelling or rear lots, access year requirements and dwelling on

rear lots, access yard requirements and dwelling groups, which are not in conflict with

the provision of the Zoning Ordinance, shall be observed.

Article XI

MITIGATING DEVICES

SECTION 1. TEMPORARY USE PERMIT - When it is impractical to

apply the requirements of this ordinance to certain development, the city zoning

administration may, on grounds of innovative development techniques, grant a

temporary use permit for the purpose subject to the approval of the Sangguniang

Panlungsod, provided the following conditions are complied with:

1. That the proposed land area use will not alter the essential character of the zone,

especially its population density, number of dwelling units per hectare, and the

dominant land use of the zone.

2. That the area subject of application is a consolidated parcel of land at least one (1)

hectare.

3. The preliminary development plan must generally set forth any existing or

proposed arrangement of lots, street, access points, buffer strips and rail, water,

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highway or other transportation arrangement and the relationship of the tract of

land involved to surrounding properties.

4. That the final development plan must in addition to the above cited requirements

describe the noise, smoke odor, vibration, dust, dirt, noxious gases, glare and heat,

fire hazards, industrial waste and traffic which may be produced by the

development.

5. The final development plan must be submitted to the City Development Council

for review and recommendation, and to the Sangguniang Panlungsod prior to the

approval of the City Executive.

6. The temporary use permit shall be valid for a maximum of 5 years, subject to the

clearance requirements under Article IX of this ordinance.

7. Upon expiration of the temporary use permit, the said permit shall be deemed

automatically revoked and renders the owner to cease to operate. Any expense for

the transfer/relocation of such project to another site shall be at the account of the

owner/operator.

8. Development for the intended use of the zone within a 50-meter radius from the

project line is not evident at the time of the application of the proponent or not

programmed for the next 5 years, subject to the clearance requirements under

Article IX of this ordinance.

SECTION 2. DEVIATION - Exceptions and variances or deviations from the

provision of the ordinance may be allowed by the city zoning administration only

when the following terms and conditions are existing, subject to the clearances

requirements under Article IX of this ordinance and approval by the Sangguniang

Panlungsod.

1. Variances:

a. The property is unique and different from other properties in the adjacent

locality and because of its uniqueness, the owner/s cannot obtain a reasonable

return on the property. This condition shall include at least 3 of the following

provisions:

- Conforming to the provisions of the Ordinance will cause undue hardship

on the part of the owner or occupant of the property due to physical

conditions of the property (topography, shape, etc.) and is not self-created.

- The proposed variance is the minimum deviation necessary to permit a

reasonable use of the property.

- The variance will not alter the physical character of the district or zone

where the property for which the variance is sought is located, and will not

substantially or permanently injure the use of other property in same

district.

- That variance will not weaken the general purpose of the ordinance and

will not adversely affect the public health, safety or welfare.

- The variance, if granted, will still be in harmony with the spirit of this

ordinance.

2. Exceptions:

a. The exceptions will not adversely affect the environment, public health,

safety and welfare and is keeping with the general pattern of development in

the community.




b. The proposed project shall support economic-based activities, provide

livelihood, vital community services and facilities while at the same time

posing no adverse effect on the zone/community.

c. The exception will not adversely affect the appropriate use adjoining property

in the same district.

d. The exception will not alter the essential delineation of the zone where the

exception sought is located and will be in harmony with the general purpose

of the ordinance.

SECTION 3. PROCEDURE FOR GRANTING EXEMPTIONS AND

VARIANCES - The procedure for the granting of an exception and/or variance

is as follows:

1. A written application for an exception or variance is undertaken citing the section

of this ordinance under which the same is sought and stating the ground/s or

justifications thereof.

2. Upon filing of the application, a visible project sign, (indicating name and nature

of the proposed project) shall be posted at the project site.

3. The city zoning administration shall conduct preliminary studies on the

application.

4. A written affidavit of non-objection to the project by the owner of the properties

adjacent to the project shall be filed by the applicant at least fifteen (15) days

prior to the decision for exception/variance.

5. In case of objection, the city zoning administration shall hold public hearing.

6. At the hearing, any party may appear in person, or be represented by agents. All

interested parties shall be accorded the opportunity to be heard and present

evidences and testimonies.

7. The local chief executive through the city zoning administration and the city

development council shall render a decision within thirty (30) days from the filing

of the application, exclusive of the time spent for the preparation of written

affidavits of non-objection and/or the public hearing in case of any objection to

the granting of exception/variance.

Article XII

MISCELLANEOUS PROVISIONS

SECTION 1. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC)

Notwithstanding the issuance of locational clearances, no environmentally

critical projects nor projects located in environmentally critical areas shall be

commenced, developed or operated unless the requirements of ECC have been

complied with.

SECTION 2. SUBDIVISION PROJECTS - All owners and/or

developers of subdivision projects shall, in addition to securing a locational clearance,

shall be required to secure a development permit pursuant to provisions of PD 957

and its implementing rules and regulations or BP 220 and its implementing rules and

regulations and RA 7279 in the case of socialized housing projects in accordance with

the procedures laid down in E.O. 71, series of 1993.

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SECTION 3. PERFORMANCE STANDARDS - All land uses,

development or constructions shall conform to the following standards:

1. Noise and Vibrations – All noise and vibration-producing machinery shall be

enclosed and shall be provided with effective noise absorbing materials, noise

silencers and mufflers. To minimize vibration, machinery should be mounted on

shock-absorbing mountings, such as cork sets on reinforced concrete foundations

or a floating isolated foundation set on piles, as needed by the machinery.

2. Smoke – Any smoke emitted from any source for a period aggregating seven (7)

minutes in any given thirty (30) minute time particularly when starting a new fire,

shall have a density that shall not be a cause for accidents or shall not pose a

threat to the health of the community and the same must register an acceptable

and safe rating based on the recommendations of the Department of Environment

and Natural Resources as concurred by the relevant offices under the local chief

executive (i.e., presently set at a density not greater than No. 2 in the Ringlemann

chart or as may be prescribed by an updated rating set by environmental

authorities).

3. Dust, Dirt and Fly Ash – The emission of dust, dirt or fly ash from any source of

activity which shall pollute the air and render it unclean and that may be

destructive, unhealthful or hazardous, or may cause visibility to be impaired, shall

not be permitted. In no case whatever shall dust, dirt or fly ash be allowed to

exceed the minimum rating set for the Department of Environment and Natural

Resources as concurred by the pertinent offices under the local chief executive

(i.e., presently set at a rating not to exceed 0.30 grams per cubic meter of fuel gas

at stack temperature of 60 degrees centigrade so as not to create a haze with

opaqueness equivalent to or greater than No. 1 in the Ringlemann chart or as may

be prescribed by an updated rating set by environmental authorities).

4. Odors and Gases – The emission of foul odors and gases deleterious to public

health, safety and general welfare shall not be permitted. Buildings and activity

emitting foul odors and obnoxious gases shall be enclosed by airtight building

provided with air conditioning system, filters, deodorizing and other air cleansing

equipment. Foul odors caused by poultry, piggery farms and similar activities

will also not be permitted. The proponents of said activities must implement

diligent waste management measures to mitigate and eliminate foul odors emitted

by their enterprises.

5. Glare and Heat – Glare and heat from any operation or activity shall not be

allowed to be radiated, seen or felt at any point beyond the limits of the property.

6. Industrial Waste – Industrial plant wastes shall be disposed of only in a manner

which will not create any nuisance or danger to adjoining properties or to the

community in general, subject to the prescribed waste management system

imposed by the Department of Environment and Natural Resources as concurred

by pertinent offices under the local chief executive.

7. Sewerage Disposal – No sewerage dangerous to the public health, safety and

general welfare shall be discharged into any public sewer system, natural

waterway or drainage channel. In addition to the following requirements, all

sewerage shall comply with pertinent requirements of the Department of

Environment and Natural Resources-Environmental Management Board (DENR-

EMB).




SECTION 4. ENVIRONMENTAL IMPACT ASSESSMENT/STATEMENT -

Major construction/development/activities may be required by the city zoning

administration to submit an Initial Environment Examination (IEE) and/or

Environmental Impact Statement (EIS). If so required, the following shall be

submitted by the applicant:

1. Detailed description of the proposed development or action or construction.

2. Detailed description of the physical, biological, social environment within which

the development construction will occur.

3. Detailed description of existing plans which will be affected by the proposed

development action.

4. Detailed description of other actions planned, or in the course of realization,

which will interact with the proposed action, so as to increase or reduce the

environmental impact.

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

on the physical biological and social environment.

6. Comparison of impact of alternative actions.

7. Special emphasis on adverse effects, long-term effects, resource commitments

and cost-benefit analysis.

SECTION 5. POLLUTION CONTROL - For effective pollution control, all

manufacturing industries classified as pollutive by the Department of Environment

and Natural Resources shall provide proper anti-pollutive devices and acquire

clearances and certificates of anti-pollutive compliance from the DENR-EMB.

SECTION 6. BUFFER STRIP/EASEMENT - In the utilization,

exploitation, development, conservation and protection of water resources, the

following setbacks and/or easements along the entire length of the banks of rivers,

creeks and streams, shores of the seas, lakes, all waterways shall be observed:

1. Five (5) meters setback along the banks of waterways in urban areas.

2. Twenty (20) meters easement for the same in all agricultural.

3. Forty (40) meters easement for conservation areas.

4. Forty (40) meters easement for shores of bodies of water.

The above setback/easements shall be subject for public use such as for recreation,

navigation, floatage, fishing salvage and promenading and related lawful activities.

The easement shall be measured in accordance with the procedure set forth in the

National Building Code of the Philippines (P.D. No. 1096).

SECTION 7. SPECIAL PERMITS - Special permits shall be required

for each of the following uses, subject to the terms and conditions as prescribed

below:

1. Dump Sites:

a. Adequate fencing must be put to prevent undue scattering of wastes.

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b. Poisoning of rats and spraying of flies shall be the sole responsibility of the

applicant.

c. The dumpsite must be located in an area that is of reasonable distance from

inhabited areas.

d. Other sanitary and environmental requirements of the city must be complied

with.

2. Cemeteries/Memorial Parks:

a. These may be located within the periphery of the city center or in sparsely

populated areas and where little hazard to human health and life could result.

b. The number of cemeteries and memorial parks to be allowed shall be based on

the needs or death rate in the city.

c. Proper maintenance shall be the exclusive duty of the applicant.

3. Funeral Parlors:

a. The establishment of funeral parlors may be permitted in residential,

commercial and institutional zones provided that they shall be located at a

minimum radial distance from the following: (i) food establishments – at least

25 meters away; (ii) markets – at least 50 meters away; (iii) abattoirs, schools

and hospitals – at least 200 meters away.

4. Telecommunication Stations and Towers – Base stations and towers for cellular

mobile telephone services, public mobile telephone services, paging services,

trunking services, wireless local loops and other wireless communication services

may be located in residential, commercial, industrial, institutional, agricultural

and agro-industrial zones unless there are expressed prohibitions under existing

laws and regulations and subject to the guidelines of the HLURB, city

environmental and natural resources office and the city engineer’s office.

5. Cockpits:

a. These must be located within the parks and recreation zone and at least 200-

meter radius away from residential, commercial and institutional zones.

b. Adequate parking spaces must be provided.

c. Sanitary requirements must be complied with.

6. Piggery and Poultry Farms:

a. These must be located in agricultural and agro-industrial zones and outside

urban and major residential, commercial and institutional areas.

b. They must be located at least 25-meter radius away from sources of ground

and surface drinking water.

c. Medium and large-scale piggery and poultry farms must be at least 1,000

meters away from built-up areas (residential, commercial, institutional and

industrial zones) while small-scale piggery and poultry farms must be at least

500 meters away from built-up areas.

d. Piggery farms must be 500 meters away from major roads/highways and

poultry farms must be 200 meters away from major roads/highways.

e. The site of medium to large-scale piggery and poultry farms must be at least 1

kilometer away from one another to minimize pollution and health hazards.




Distance between small-scale piggery and poultry farms must be at least 500

meters away from one another.

SECTION 8. CULTIVATION/UTILIZATION OF RIVER BEDS AND

SANDBARS - No river beds or sandbars shall be subject to cultivation or

utilization except upon prior recommendation of the City Environment and the

Natural Resources Office and the City Engineers Office, Provided, further, that no

permission shall be granted if it obstructs the flow of water, or if it shall increase the

flood levels so as to cause damage to other areas.

SECTION 9. GENERAL DISTRICT REGULATIONS - No

building, structure or land shall be used, or occupied, and no building or structure or

part of thereof shall here after be erected, constructed, moved or structurally altered

except on conformity with the provisions of this ordinance and the National Building

Code of the Philippines (P.D. No. 1096) and all the implementing rules and

regulations issued thereof.

SECTION 10. TRAFFIC GENERATOR - All traffic

generating buildings and structures allowed in any of the districts must provide

parking spaces for their employees, clients and visitors in accordance with the

standards set forth by the National Building Code of the Philippines (P.D. 1096).

SECTION 11. ADVERTISING AND BUSINESS SIGNS -

Advertising and business signs/ billboards to be displayed or built for public

view in any of the districts herein enumerated must comply with the provisions of the

National Building Code of the Philippines (P.D. No. 1096) and other existing policies

and/or regulations including those that may later be adopted by the city government to

provide maximum safety to lives and properties.

SECTION 12. ERECTION OF MORE THAN ONE PRINCIPAL

STRUCTURE - In any district where more than one structure may be

permitted to be erected on a single lot, the requirements of this ordinance shall first be

met for each structure as though the same was erected on an individual lot.

SECTION 13. ARCADED THOROUGHFARES - Except for the

existing arcaded national highways in the Central Business District (CBD) and its

immediate environs, other city streets in the CBD that should be arcaded shall

accordingly be identified by the City Planning and Development Office in the future.

Article XIII

ADMINISTRATION AND ENFORCEMENT

SECTION 1. LOCATIONAL CLEARANCES - All owners/developers

shall secure locational clearances from the city zoning administration or in cases of

variances and exemptions, from the local chief executive through the city zoning

administration and the City Development Council (CDC) for review and

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recommendation, respectively, prior to conducting any activity or construction on

their property/land.

SECTION 2. BUILDING PERMITS - No building permit shall be

issued by the building official without a valid locational clearance in accordance with

this ordinance.

SECTION 3. BUILDING OCCUPANCY PERMITS - No building

occupancy permit shall be issued by the building official without official

validation/verification from the city zoning administration.

SECTION 4. NON-USERS OF LOCATIONAL CLEARANCES -

Upon issuance of a locational clearance, the grantee thereof shall have one

year within which to commence or undertake the use, activity or development covered

by such clearance on his property. Non-use of said clearance within said period shall

result in its automatic expiration, cancellation and the grantee shall not proceed with

his project without re-applying for a new clearance. Otherwise, the land use

classification of the subject property will automatically be reverted back into its

original zone classification or whatever existing land use is dominant/prevailing in the

immediate environs of the subject area.

SECTION 5. CERTIFICATE OF NON-CONFORMANCE - A

certificate of non-conformance shall be applied for by the owner of the structure or

operator of the activity involved within one (1) year from the date of enactment of this

ordinance. Failure on the part of the owner to register/apply for the said certificate

shall be considered in violation of the Zoning Ordinance and is subject to penalties.

The city zoning administration shall immediately notify owners of known existing

non-conforming use so they may apply for the said certificate.

SECTION 6. EXISTING NON-CONFORMING USES AND BUILDINGS -

The lawful uses of any building, structure or land at the time of adoption or

amendment of this ordinance may still be allowed to continue, although such uses do

not conform with the provision of this ordinance, provided:

1. That no such non-conforming use shall be enlarged or increased to occupy a

greater area of land than that already occupied by such use at the time of the

adoption of this ordinance or moved in whole or in part, to any other portion of

the lot or parcel of land where such non-conforming use exists at the time of the

adoption of this ordinance.

2. That no such non-conforming use which has ceased operation for more than one

(1) year be again revived as a non-conforming use.

3. An idle/vacant structure may not be used for a non-conforming activity.

4. That any non-conforming structures under one ownership, which have been

damaged may be reconstructed and used as before provided that such

reconstruction is not more than fifty percent (50%) of the replacement cost.

5. That should such non-conforming portion of a structure be destroyed by any

means to an extent of more than fifty percent of its replacement cost at the time of




destruction, it shall not be reconstructed except in conformity with the provisions

of this ordinance.

6. That no such non-conforming use may be changed to another non-conforming

use.

7. That no such non-conforming use may be moved to displace any conforming use.

8. That no such non-conforming structure may be enlarged or altered in any way

which increase its non-conformity, but any structure or portion thereof may be

altered to decrease its non-conformity.

9. That should such structure be moved for any reason to whatever distance, it shall

thereafter conform to the regulation of the district in which it is moved or

relocated.

SECTION 7. RESPONSIBILITY FOR ADMINISTRATION AND

ENFORCEMENT - This ordinance shall be enforced and administered by

the City Planning and Development Coordinator who shall be appointed by the City

Mayor, pursuant to the provision of the Local Government Code.

SECTION 8. QUALIFICATION OF THE ZONING ADMINISTRATOR -

The Zoning Administrator shall be a reputable person of good moral character

and shall possess specialized knowledge, training and/or experience in the field of

physical planning and zoning for at least 5 years, provided, however, that no elective

official shall be appointed.

SECTION 9. POWERS AND FUNCTIONS OF THE ZONING

ADMINISTRATOR - The following are the powers and functions of the

Zoning Administrator who shall be in charge of the city zoning administration:

1. Act on all applications by:

a. Issuing the corresponding certificate of zoning compliance for projects

conforming with the zoning regulations;

b. Granting or denying applications for temporary use, recommending

variances and exceptions;

c. Issuing certificates of non-conformance for non-conforming projects

lawfully existing at the time of the adoption of the ordinance, including

clearances for repairs/renovations of non-conforming uses consistent with

the guidelines therefore;

d. Imposing appropriate condition(s) on all permits/clearances/certificates

consistent with laws, rules and policies laid down under this ordinance.

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

notices of violations and show cause orders to owners, developers or managers of

projects who may have violated the Zoning Ordinance and refer the same to the

Sangguniang Panlungsod.

3. Coordinate the enforcement of the form and substance of this Zoning Ordinance

with the Philippine National Police particularly on actions that need the assistance

of the police.

4. Coordinate all legal issues relative to the enforcement of this ordinance with the

City Attorney’s Office.




5. Coordinate the proposed amendments to this Zoning Ordinance with the

Provincial Land Use Committee.

6. Coordinate relevant issues relative to the implementation of this ordinance with

appropriate public and private entities.

SECTION 10. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL

ZONING BOARD OF ADJUSTMENT AND APPEALS -

Said board shall perform the following:

1. Act on the applications of the following: variances, exceptions, non-conforming

uses, complaints and oppositions to applications.

2. Act on appeals on grant or denial of locational clearances by the zoning

administrator.

The decisions of the board shall be appealable to the HLURB.

SECTION 11. COMPOSITION OF THE LOCAL ZONING BOARD OF

ADJUSTMENT AND APPEALS - The city development council shall

create a committee that will act as the board. The same shall be composed of the

following:

1. City Mayor as Chairperson

2. City Legal Officer

3. City Assessor

4. City Engineer

5. City Planning and Development Coordinator

6. City Zoning Administrator

7. Two (2) representatives from the private sector nominated by their respective

organizations and confirmed by the city mayor

8. Two (2) representatives from non-government organizations nominated by their

respective apex organizations and confirmed by the city mayor

To fill vacancies in the board, the Sangguniang Panlungsod can nominate its members

to the said board to meet the total number of board members required under this

section. Said board shall be attached to the city development council.

SECTION 12. INTERIM PROVISION - Until such time that the Local

Zoning Board of Adjustment and Appeals is constituted, the HLURB shall perform

the responsibilities of the said board. As an appellate board, the HLURB shall adopt

its own rules of procedure in governing the conduct of appeals arising from the

administration and enforcement of this ordinance.

SECTION 13. REVIEW OF THE ZONING ORDINANCE - The City

Development Council shall create a sub-committee, the Local Zoning Review

Committee, that shall review the Zoning Ordinance considering the Comprehensive

Land Use Plan, as the need arises, based on the following premises:

1. Change in local development plans




2. Introduction of projects of national significance

3. Petitions for re-zoning

4. Other reasons that are appropriate for consideration

SECTION 14. COMPOSITION OF THE LOCAL ZONING REVIEW

COMMITTEE - The said committee shall be composed of the following:

1. City Planning and Development Coordinator

2. City Health Officer

3. City Agriculture, Veterinary, and Environment and Officer

4. President, Association of Barangay Chairpersons

5. City Engineer

6. City Land Reform Officer

7. District School Supervisor

8. Three (3) private sector representatives to come from the local chamber of

commerce, housing industry and home owners’ association, respectively

9. Two (2) representatives from non-government organizations

This committee shall be attached to the city development council.

SECTION 15. FUNCTIONS OF THE LOCAL ZONING REVIEW

COMMITTEE-

The said committee shall exercise the following functions:

1. Review the Zoning Ordinance for the following purposes:

a. Determine amendments or revisions necessary in the ordinance arising from

changes in the Comprehensive Land Use Plan

b. Determine changes to be introduced in the Comprehensive Land Use Plan

c. Identify provisions in the ordinance that are difficult to enforce or that may

have to be revised, updated, refined, improved or deleted.

2. Recommend the needed legislative amendments to the plan and the ordinance to

the Sangguniang Panlungsod and advise the local planning and development staff

of the required changes in the plan and in the ordinance as the result of the

reviews that the committee have conducted

3. Provide information to the HLURB that it can use in the exercise of its functions.

SECTION 16. ACTIONS ON COMPLAINTS AND OPPOSITIONS -

A complaint for violations of any provisions of the Zoning Ordinance or of

any clearance or permits issued pursuant thereto shall be filed with the zoning

administrator. However, oppositions to applications for clearances, variances or

exceptions shall be treated as complaints and dealt with in accordance with the

provision of this section.

SECTION 17. AMENDMENTS TO THE ZONING ORDINANCE -

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

that




any amendment to the Zoning Ordinance or provisions thereof shall be subject to

review and evaluation of the zoning administrator and shall be carried out through a

resolution of three fourths (3/4) vote of the Sangguniang Panlungsod.

SECTION 18. PROCESSING FEES - All processing fees shall be in

accordance with the schedule prescribed under the existing Amended Tax Code of the

City of San Fernando (Pampanga) and shall be paid directly to the Office of the City

Treasurer.

SECTION 19. VIOLATIONS AND PENALTIES - Any person who

violates any or all of the provisions of this Zoning Ordinance shall, upon conviction,

be punished by a fine of not less than P5,000.00 and or by imprisonment of not less

than six months (6) months but not more than one (1) year or both at the discretion of

the regular court. In case of violation by a corporation, partnership or association, the

penalty shall be imposed upon the erring officer thereof.

SECTION 20. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES -

The provisions of this ordinance shall be without prejudice to the application

of the existing laws.

SECTION 21. BUSINESS PERMITS AND/OR LICENSES - As

a suppletory provision to the existing Amended Tax Code of the City of San Fernando

(Pampanga), no business/mayor’s permits and/or licenses of any kind shall be granted

or issued in favor of any establishment if such establishment is intuited/located in

non-conforming areas or areas where such business or establishment is not allowed

under the provisions of this Zoning Ordinance.

SECTION 22. SEPARABILITY CLAUSE - Should any section or

provision of this Zoning Ordinance be declared by the Courts to be unconstitutional or

invalid, such decision shall not effect the validity of this Zoning Ordinance as a whole

or any part thereof other than the part so declared to be unconstitutional or invalid.

SECTION 23. REPEALING CLAUSE - All ordinances, rules and

regulations in conflict with the provisions of this Zoning Ordinance are hereby

repealed, provided that the rights that are vested upon the effectivity of this ordinance

shall not be impaired.

SECTION 24. EFFECTIVITY CLAUSE. This Zoning Ordinance

shall take effect immediately after satisfaction of the required publication in a

newspaper publication in the Province of Pampanga and posting of the same in

conspicuous places in the City of San Fernando, Pampanga.

ADOPTED this 13th day of December 2006

x---------------------------------------------------------------------------------------------------------x




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

JESSE S. QUIWA

Secretary to the Sangguniang Panlungsod

ATTESTED TO BE DULY ADOPTED:

Hon. EDWIN D. SANTIAGO City Vice-Mayor & Presiding Officer

APPROVED:

Hon. OSCAR S. RODRIGUEZ City Mayor

_________________ Date

08. csfp-clup chapter 7 (1)

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