Republic of the PhilippinesPROVINCE OF CAMARINES SUR Municipality of Ragay OFFICE OF THE SANGGUNIANG BAYAN (054) - 741-12-81 Excerpts from the minutes of the regular session of the Sangguniang Bayan of Ragay, Camarines Sur held at the Municipal Session Hall on March 26, 2001. Present: Hon. Justina C. Clemente Hon. Domingo S. Cedo Hon. Maria M. Eje Hon. Adelaida A. Ruy Hon. Melchor A. Balbastro Hon. Benjamin P. Ramos Hon. Judith Q. Amparado Hon. Armando P. Hernandez Hon. Clarita SL. Almarez Hon. Romeo G. Mayor Hon. Alberto G. Villaflor Absent: None Vice Mayor/Presiding Officer Sangguniang Bayan Member -do-do-do-do-do-do-doSB Member/ABC President SB Member/SKF President INTRODUCED BY: COUN. DOMINGO S. CEDO ORDINANCE NO. 048, s, 2000 AN ORDINANCE ADOPTING THE ZONING REGULATION FOR THE MUNICIPALITY OF RAGAY, CAMARINES SUR, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. BE it ordained by the SANGGUNIANG BAYAN of Ragay, Province of Camarines Sur, that WHEREAS, the implementation of Comprehensive Land Use Plan would require the enactment of regulatory measures to translate its planning goals and objectives into reality; and a Zoning Ordinance is one such regulatory measures which is an important tool for the implementation of the Comprehensive Land Use Plan; WHEREAS, a zoning ordinance is one of the regulatory powers of the government to protect and enhance the public health, safety, morals and general welfare of its citizens; WHEREAS, the Local Government Code authorizes Local Government Units to enact zoning ordinances subject to and in accordance with existing laws; WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists in and coordinates the activities of Local Government Units in comprehensive land use planning; NOW, THEREFORE, the Sangguniang Bayan of Ragay, Camarines Sur, in a session assembled hereby adopts the following Zoning Ordinance. Cont. Ordinance No. 048, s. 2000 Page 2 of 32 ARTICLE I TITLE OF THE ORDINANCE Section 1. Title of the Ordinance. This ordinance shall be known as the "Comprehensive Zoning Ordinance of the Municipality of Ragay, Camarines Sur" and shall be referred to as the Ordinance. ARTICLE II AUTHORITY AND PURPOSE Section 2. Authority. This ordinance is enacted pursuant to the provisions of the New Local Government Code, R.A. 7160 Sections 20 1458 a.2 (7-9) and 447 a.2. (7-9) dated 10 October 1991. "Authorizing the Municipality through the Sanggunian Bayan to adopt Zoning Ordinance subject to the provisions of existing laws", and in conformity with E.O. 72. Section 3. Purpose. This ordinance is enacted for the following purposes: 1. Guide, control and regulate future growth and development of Ragay in accordance with its Comprehensive Land Use Plan; 2. Strengthen and protect the functional character or identity and stability of residential, commercial, industrial, institutional, agricultural, forest and open space areas within the municipality and promote the orderly and beneficial development of the same; 3. Promote and enhance the health, safety, economy, convenience, amenity, prosperity and general welfare of the inhabitants. Section 4. General Zoning Principle. a. Land is a limited national resource and as such must be managed for the welfare of all in accordance with the community's comprehensive development plan. b. The environment provides man with life supporting systems and as such it must be conserved and developed to enhance the quality of life. c. Man's well being is the ultimate consideration of development. This being the case, there is a need for regulatory measures which shall ensure the protection of his immediate environment. d. Lands must be used in a most beneficial, rational and most efficient manner as to prevent the mixture of incompatible land uses, environmental hazards, blight, depression and artificial scarcity of land resources. Thus there is a need for regulatory measures which shall promote such pattern of development. e. This comprehensive zoning ordinance is one such regulatory measure which is enacted to identify the various land uses in the districts, designate the allowable uses therein and prescribe physical standards based on the development plan. ARTICLE III DEFINITION OF TERMS Cont. Ordinance No. 048, s. 2000 Page 3 of 32 The definition of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other implementing Rules and Regulations, promulgated by the HLURB. The words phrases hereunder shall be understood to have meaning corresponding indicated as follows: 1. Agricultural Zone - an area within the municipality intended for cultivation/fishing and pastoral activities e.g. fish farming, cultivation of crops, goat/cattle raising, etc. 2. Agro-industrial Zone - an area within the municipality intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc. 3. HLURB/Board - shall mean the Housing and Land Use Regulatory Board. 4. Buffer Area - these are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance and or identifying and defining development areas or zones where no permanent structures are allowed. 5. Built-up Area - a contiguous grouping of ten (10) or more structures. 6. CAA - Civil Aviation Authority. 7. Central Business Districts - shall refer to areas designated for trade, services and business purposes (Commercial 1 Zone). 8. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance. 9. Compatible Use - uses or land activities capable of existing together harmoniously e.g. residential and parks and playground. 10. Comprehensive Land Use Plan (CLUP) - a document embodying specific proposals for guiding, regulating and/or development. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use. 11. Conflicting Uses - uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants. 12. Conforming Use - a use which is in accordance with the zone classification as provided for in the Ordinance. 13. Easement - open space imposed on any land use activities sited along the waterways, road-right-of-way, cemeteries/memorial parks and utilities. 14. Environmental Critical Areas - refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981. General Commercial Zone (GCZ) . 16. The gross floor area of any building should not exceed the prescribed Floor Area Ratio "FAR" multiplied by the lot area. .an area within the municipality intended primarily for forest purposes. Floor Area Ratio or "FAR" . as distinguished from a mere inconvenience or a desire to make more money. s. rules and regulations on land use. etc. Planned Unit Development (PUD). Innovative Design . 27. . Exception . Locational Clearance . schools. government offices.an area within a municipality 22. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.is the ratio between the gross floor area of a building and the area of the lot on which it stands. Environmental Critical Projects .a means to grant relief in complying with certain provisions of the Ordinance. Newton. 20. General Institutional Zone (GIZ) . 24.g. Ordinance No.a device which grants a property owner relief from certain provisions of a Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner.g. Low Density Residential (R-1) . 23.a subdivision of an area principally for the following types of industries: a. 048. 21.a clearance issued to a project that is allowed under the provisions of this Zoning Ordinance as well as other standards. 18. Mitigating Device . 19. 17.a duly authenticated map delineating the different zones in which the whole municipality is divided.an area within a municipality for trading/services/business purposes. determined by dividing the gross floor area and the area of the lot.Cont. academic/research. Light Industrial Zone (I-1) . 1981.an area within a municipality principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare. hospitals/clinics. Forest Zone . General Zoning Map . non-pollutive/non-hazardous b.introduction and/or application of new/creative designs and techniques in development projects e.refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14. 26. convention centers.an area within a municipality principally for general types of institutional establishments e. non-pollutive/hazardous 25. 2000 Page 4 of 32 15. General Residential Zone (GRZ) principally for dwelling/housing purposes. Urbanizable Land . culture and other services normally associated with city or town.Cont. Urban Zoning Map . Tourist Zone . 40. . recreation.include all barangays or portions of which comprising the poblacion. 2000 Page 5 of 32 28. It also includes amendment or change in view of reclassification under Section 20 of R. building siting. because of the particular.shall refer to a town deliberately planned and build which provides. compliance on height.a process of introducing amendments to or a change in the text and maps of the zoning ordinance. shopping. physical surroundings.A. 35. Rezoning . Planned Unit Development (PUD) .a special locational clearance which grants a property owner relief from certain provisions of Zoning Ordinance where. 39. Set-back . 33. Urban Area . Non-Conforming Use . Central Business Districts (CBD) and other built-up areas including the urbanizable land in and adjacent to said areas and where at least more than fifty percent (50%) of the population are engaged in non-agricultural activities. 36. in addition to houses. area. 048. bulk and/or density would result in a particular hardship upon the owner.a duly authenticated map delineating the different zones into which the urban area and its expansion are divided.an area designed for diversion/amusements and for the maintenance of ecological balance of the community. leisure and other wholesome activities. 38.are sites within the municipality endowed with natural or manmade physical attributes and resources that are conducive to recreation. 7160. shape or topographical conditions of the property. New Town . as distinguished from a mere inconvenience or a desire to make more money. 31. setback.area designated as suitable for urban expansion by virtue of land use studies conducted. Parks and Recreation Zone (PRZ) . 30.it is land development scheme wherein project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design. complementarily of building types and land uses. CBD shall refer to the areas designated principally for trade. services and business purposes. Ordinance No. 34. for profit. education.refers to a storage and/or depository of those in business of performing warehouse services for others. s. Rural Area . usable open spaces and the preservation of significant natural land features. employment. Warehouse .existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the Ordinance subject to the conditions stipulated in this Zoning Ordinance.the open space left between the building and lot lines. Variance .area outside of designated urban area. 37. 29. 32. the prior map or any significant parts thereof remaining shall be preserved. FZ Forest Zone j. 048. SIZ Special Institution Zone g. R-1 Low Density Residential Zone b. TZ Tourist Zone Section 6. together with all available records pertaining to its adoption or amendment. 42. destroyed. 2000 Page 6 of 32 41. I-1 Industrial Zone d. lost or becomes difficult to interpret because of the nature or number of changes and additions. In the event that the Official Zoning Map is damaged.a municipal employee responsible for the implementation/enforcement of the Zoning Ordinance in a community. Ordinance No. and the Urban Area of the Municipality is hereby divided further into the following districts as shown in the official Zoning Map for the Urban District. or has been totally destroyed. GCZ General Commercial Zone c. To effectively carry out the provisions of this Ordinance. a. Unless the prior Official Zoning Map has been lost. streams. lakes and seas except those included in other classification. WT Water Zone k. Zone District . 43. location and boundaries of the districts herein established is shown in the Official Zoning Map of the municipality as prepared by the Municipal Planning and Development Office and hereby adopted as an integral part hereof. s. Divisions into Zones or Districts.Cont. PRZ Parks and other Recreation Zone i. the Municipality is hereby divided into general classifications as shown in the General Zoning Map (General Land Use Map). Official Zoning Map. the Sangguniang Bayan may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. .an area within municipality for specific land uses as defined by manmade or natural boundaries. GIZ General Institutional Zone e. ARTICLE IV ZONING CLASSIFICATIONS Section 5.are bodies of water within municipality which included rivers. The Official Zoning Map shall be signed by the Municipal Mayor and bear the seal of the Municipality. The designation. Water Zone . Zoning Administrator/Zoning Officer . AG Agricultural Zone h. 048. s. such boundary shall be deemed to be located in the middle of the main tracts of said railroad line. District Boundaries. it shall fall in the district where the principal uses fall. such lot lines shall be construed to be the boundaries. e. Interpretation of District Boundaries. g. d. such dimension shall be determined by the use of the scale shown on said Zoning Map. street lines. or highways right-of-way lines shall be construed to be the boundaries. c. as of record at the effective date of this Ordinance. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map. f. such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the Zoning Map. Where a district boundary is indicated as one-lot-deep. or extension of indicated on the Zoning Map shall be determined by the scale of the map. then the average depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts. canals and other bodies of water shall construed to follow such center lines. i. or the center lines or right-of-way lines of highways.Cont. Ordinance No. Boundaries indicated as following shorelines shall be construed to follow such shoreline and in the event of change in the shoreline as moving in the actual shorelines. h. the following rules shall apply. Boundaries indicated as parallel to. Where a boundary line divides a lot of crosses subdivided property. any lot has a depth greater than said average. Where the boundary of a district follows a stream or other bodies of water. Where district boundaries are so indicated that they approximately follow the lot lines. Where a lot of one ownership. boundaries indicated as approximately following the center lines of streams. said boundary lines shall be deemed to be at the limit of the political jurisdiction of the community. . If no distance is given. the remaining portion of the portion of the said lot shall be construed as covered by the one-lot-deep zoning district if the remaining portion has an area less than fifty percent of the total area of the entire lot. rivers. Where the boundary of the district follows a railroad line. is divided by a district boundary line. the location of such boundary shall be indicated upon the zoning map using the scale appearing on such maps. said depth shall be construed to be the average lot depth of the lots involved within each particular municipal block. Where districts boundaries are so indicated that they approximately follow the center of streets or highways. 2000 Page 7 of 32 Section 7. location and boundaries of the district/zones as appearing in the Zoning Map or more specifically described in Annex "A" hereof. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of the street. a. however. unless otherwise indicated. Where. All areas already declared or identified as blighted and/or suitable for socialized housing or resettlement shall remain classified as residential. Section 8. the lot shall construed to be within the district where the major portion of the lot is located. b. If the remaining portion has an area equivalent to fifty percent or more of the total area of the lot. as the case may be. In case the lot is bisected by the boundary line. The designation. Use Regulation in R-1 District. Home occupation. s. The regulation which apply within this district are designated to encourage the formation and continuance of a stable.2 Private garage e.5 Shed or tool room for the storage of equipment used in grounds or building maintenance. baking and the like. The uses enumerated in the succeeding sections are not exhaustive nor all-inclusive.7 Basketball or pelota court f. except for uses expressly allowed in said zones. The Local Zone Board of Adjustment and Appeals (LZBAA) shall. healthy environment and to discourage any encroachment by commercial. General Provision.4 Private pet house e. provided that: f. Ordinance No. Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within the zone of higher density (R-2. .1 No person other than members of the family residing within the premises shall be engaged in such home occupation. allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed. The following shall be permitted in any R-1 Zoning District: a) Single detached family dwelling b) Semi-detached one-family dwelling c) Single detached two-family dwelling d) Semi-detached two-family dwelling e) Customary accessory uses like: e. subject to the requirements of this Article. such that the cumulative effect of zoning shall be intra-zonal and not interzonal. 048.1 Permitted Uses. It is the intent of this Section that R-1 Zoning District be developed and reserved for low density residential purposes. Section 10. 2000 Page 8 of 32 ARTICLE V ZONE REGULATIONS Section 9. 10.6 Private swimming pool and batch house e.Cont. Allowance of further uses shall in the intrinsic qualities of the land and the socioeconomic potentials of the locality with due regard to the maintenance of the essential qualities of the zone. R-3) but not vice versa. industrial or other uses capable of adversely affecting the residential character of the district. dressmaking. e. nor in another zone and its subdivision. or the practice of one's profession or occupation such as tailoring.1 Servant's quarters e.3 Guard house e. f. traffic hazard.Cont. magazine. f.4 No home occupation shall be conducted in any accessory building.6 It creates no disturbing or offensive noise. unhealthy or unsightly condition. smoke. dust. Ordinance No. glare.2 Conditional Uses .2 The use of the dwelling unit for the home occupation is not more than twenty-five percent of the total floor area. 2000 Page 9 of 32 f. newspaper shop i) Medical and dental clinic j) Jewelry and watch repair shops .The following uses shall be permitted in any R-1 Zoning District provided they will be confined only in the area to be zoned as commercial in a Class A or B subdivision which will be situated in the said R-1 Zoning District and their activities are limited on a neighborhood scale.3 It produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling. odor.5 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 packing 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. 048. f. mini-golf. heat. a) Grocery or retail stores b) Retail drugstores c) Bakeshops d) Barber and Beauty shops e) Amusement centers (indoors) f) Florist shops g) Music stores and/or record shop h) Book. s. basketball and volleyball courts i) Kindergarten or pre-school nursery j) Day Care Center k) Chapel l) Barangay Centers and related offices m) Nursery for flowers and plants 10. vibration. f. tennis. g) Neighborhood and Community Parks and Playgrounds h) Clubhouses. one hundred fifty (150) square meters for duplex.3 Other requirements. 11. cupolas. Ordinance No.7 Shopping centers b.5 Bookstores and office supplies stores b. Uses permitted in R-1 Zoning Districts shall be required to conform to the following standards: a) No building or structures for human occupancy whether public or private shall exceed nine and one-half (9. The regulations which apply within this districts are designed to encourage the formation and continuance of a stable. chimneys.4 Department store b. There shall be no limitations for other structures such as church spires. 2000 Page 10 of 32 10. domes.3 Art supply store b.14 Sporting goods store .8 Hardware store b.6 Household furnishing store b. .13 Shoe store b. 048.10 Wine stores b.Cont. and with a lot width of not less than ten (10) meters. reduce traffic and parking congestion and discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.1 Antique store b.12 Photographic and camera supply and service store and studio b. television store b.It is the intent of this Section that the GC Zoning District be developed and reserved for local or neighborhood oriented business purposes. s.5) meters in height and shall not contain more than two storeys.1 Permitted Uses .The following shall be permitted in the General Commercial Zone District: a) All permitted uses in R-1 Zoning District b) Retail business involving the sale of merchandise on the premises of stores specifically including: b.2 Appliance. Section 11. b) The lot area shall not be less than one hundred (100) square meters for single family dwelling. belfries. radio.Use Regulation in General Commercial Zone . c) The principal building and the accessory building shall not cover more than 70% of the total area of the lot.9 Wet markets and supermarkets b. bulkheads. healthy and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities. watertanks. and the likes.11 Paint stores b. 10 Public utility business office c.15 Telephone Exchange c.1 Appliance.20 Gasoline and service stations b. 048. or combination thereof c. savings and loan association.8 Jewelry and watch repair shop c. schools for self-defense.9 Locksmith c. s.2 Other Requirements . but only as may be necessary for the efficient conduct of the business. driving school.18 Publicly owned and operated building.17 Day and night club b.4 Bicycle repair and sales shop c.13 Shoe repair shop c. personal loan agency and branches c.18 Office buildings b.11 Real estate agency c. tailor c.3 Barber shop. 2000 Page 11 of 32 b. beauty shop.5 Dressmaker. A building may exceed the above height provided that the portion of the building higher than one and one-half times the width of the street is set back from every street and lot line one meter for each six meters or less in excess of one .12 Special education schools like dancing school.15 Restaurants and other eateries b.6 Dry cleaning and/or laundry shops c.7 Insurance agency c. speech clinics c. Ordinance No.Uses permitted in GC Zoning District shall govern by the following standards: a) There shall be no limitations except that no building shall be built to a height exceeding one and one-half times the width of the street upon which the building abuts. seamstress.2 Bank.16 Movie houses/theaters and other commercial recreational facilities b.16 Radio and/or television station c.17 Off-street commercial parking lot c.14 Telegraph office c.Cont. c) Business involving the rendering of a personal service or the repair and servicing of small equipment specifically including: c.19 Office condominiums b. television repair shop c.21 Storerooms and warehouses. radio. facility or land 11. 2 Conditional Uses. Business building in corner lots shall cover not more than ninety (90) percent of the total area of the lot and not more than eight-five percent if they are on inner lots. Use Regulations In I-1 Zone . subject to the conditions set forth: a) Any use permitted on a conditional basis in any General Commercial Zoning (GCZ) District b) Any industries use which involves manufacturing. shoe lace and similar products b. smoke. etc.The following uses shall be permitted on a conditional basis in any I-1 Zoning District. . Ordinance No. related to the operation are not sufficient to create a nuisance beyond the premises. d) Cottage industries 12. gas.Cont. envelopes and other articles.4 Manufacturer of musical instruments b) Non-pollutive and hazardous (NP/H) manufacturing industries like b.1 Garment factories b. fumes.The following uses shall be permitted in any I-1 Zoning District: a) Non pollutive and non-hazardous (NP/NH) manufacturing industries like: a. Section 12.2 Manufacture of pulp stationary. rattan and other cane baskets and wares c) Non-pollutive and extremely hazardous (NP/EH) like the manufacture of compressed and liquefied gas. provided that any noise. vibration.1 Manufacturer of bakery products a.3 Manufacture of shoes. odor dust. Where a corner lot is involved. it shall have a lot area of not less than fifty-four (54) square meters for a single family. 048. . or other injuries or obnoxious condition. operation. b) When a building is designed or intended to be used for purely residential purposes. s.4 Manufacture of bamboo. the height limitations for the wider street shall govern for a distance of forty meters along the narrower intersecting street. to surrounding properties.3 Commercial and job printing a. 12.1 Permitted Uses. processing.. fire hazard.2 Custom tailoring and dressmaking shops a. . odor. storage. assembly.The intent of the I-1 Zoning District is to provide areas for limited industrial purposes which are not significantly objectionable in terms of noise. 2000 Page 12 of 32 and one-half times the width of the street. b. The regulations which apply within the district are designed to encourage the formation and continuance of a compatible environment for uses generally classified to be limited industrial in nature and protect and reserve undeveloped areas in the municipality which are suitable for such industries. fumes. . 048. Use Regulations in Agro-Industrial Zone (AIZ). 15. In SI Zones. Penitentiary and correctional institution Section 15. chemical and biological warfare facilities. home for the aged and the like b. the following uses shall be allowed: a) Government center to house national. Welfare homes. church.Cont. 2000 Page 13 of 32 12. drug addicts. vocational and trade schools and other institutions of higher learning. dormitories Section 14.g. orphanages. b) The same area regulations as required in R-1 and R-2 or General Commercial (GC) Zoning Districts for buildings intended for residential purposes shall be followed. the following use shall be allowed: a. In GI Zone. seminary and convents g) Museums h) Student housing e. Use Regulations in Special Institution Zone (SIZ). multipurpose clinics d) Scientific. Use Regulations in General Institutional (GIZ) Zone. physically and mentally and emotionally handicapped. ex-sanitaria inmates and similar establishments c. unwed mothers. Rehabilitation and vocational training center for ex-convicts. boarding house. Section 13. professional business schools. It is the intent of this Section that the AI Zoning District shall be developed for the establishment of activities for the processing and storage of farm products and other compatible uses. the building heights shall be governed by CAA regulations. e) Convention centers and related facilities f) Religious structures e. medical centers. radioactive. cultural and academic centers and research facilities except nuclear. boys and girls town. Military camps/reservations/bases and training grounds d. c) General Hospitals. regional or local offices in the area b) Colleges. universities.1 Permitted Uses .Uses permitted in all I-1 Zoning District shall be governed by the following standards: a) The same height regulations as required in R-1 and GC Zoning Districts except in areas that may be declared by the Civil Aviation Authority (CAA) as along air traffic routes.g. in which case.The following shall be permitted in the Agro-Industrial (AI) Zoning District: . Ordinance No.3 Other Requirements. s. . Use Regulation in Agricultural Zone (AZ). and the raising of other animals and fowls a. . This district shall be use mainly for parks and open spaces to provide ecological balance between the community and at the same time provide inexpensive recreation places for the inhabitants. It is the intent of this section that the (AGZ) Zoning District shall be intended for agricultural production and related compatible uses.6 fishponds a. and other fruits a. 048.8 pineapple a.2 mango.The following shall be permitted in the Agricultural (AG) Zoning District: a) For the commercial production of farm products like: a.3 vegetables a.5 copra making a. coconut.1 Permitted Uses . Section 16.The following uses shall be permitted on conditional basis in any Agro-Industrial Zoning District: a) Any use permitted in I-1 Zoning District provided said industrial establishment must secure an environmental clearance from the appropriate agency. s.2 Conditional Uses . piggery. coffee.1 rice and corn a.Cont.4 poultry.The following uses shall be permitted on conditional basis in any Agricultural (AGZ) Zone: a) agricultural research and experimental stations b) agricultural schools c) farmers residential houses and accessories d) fishery schools e) green house Section 17. 16.2 Conditional Uses.7 sugar cane a. Use Regulation for Parks and Recreation Zone (PRZ).9 rootcrops 16. 2000 Page 14 of 32 a) Rice and corn mills b) grain storage c) warehouse d) meat processing plants e) food processing f) slaughterhouse 15. Ordinance No. Integrated Social Forestry Program (ISF) 4. Lease or License is issued by the DENR for the following: 1. Reforestation Compliance by Pasture Lease Agreement 7.Cont. Fishpond Purposes Fishing activities within the Forest Zone shall be undertaken pursuant to the provisions of the Fisheries Code and its Implementing Rules and Regulation and the Revised Forestry Code of the Philippines as amended. Section 18. 2. Commercial Tree Plantation and Industrial Forest Plantation (ITP/FP) 3. Reforestation Compliance by Forest Users by Temporary Lease Agreement 6. Community-Based Forest Management 5. Infrastructure and Resettlement . No development use or activity shall be allowed in Forest Zone unless consistent with the Department of Environment and Natural Resources (DENR). Infrastructure Development. s. Use Regulation for Forest Zone (FZ). size and character shall be determined by the Office of the Zoning Administrator. Any sign except those that are essential to identification of uses for the benefit of the public. 2000 Page 15 of 32 17. Ecological Revolution Programs (ECOREV) Other allowable uses such as Mining. Mining No extraction or other mining activity shall be undertaken except in accordance with the Mining Code and its Implementing Rules and Regulations. 048.The following shall be the allowable uses in the PR Zoning District a) Parks and playgrounds b) Zoo c) Botanical Gardens d) Municipal plaza e) Other similar uses 17. Development regulations for Forest Zones and a Permit.Any use of site or type of structure.2 Prohibited Uses .1 Permitted Uses . 3. Contract reforestation with Forest Land Management Agreement (FLMA) 2. intensity of activity or traffic or offensive operating characteristics be determined by the Office of the Zoning Administrator to be incompatible with the character and intent of the district. Ordinance No. Fishpond and Resettlement purposes should be in consonance with the national policies as enumerated below: 1. nature of use. allowed density is twenty one to sixty-five (21-65) dwelling units per hectare. s. Section 20. and subject to the approval of such projects in order to determine their environmental impacts and social acceptability. Development Density . and related activities. and provided further. .1 Low Density Residential Zone (R-1) . the structural Code as well as all laws.In R-3 Zone. and the revised Forestry Code of the Philippines as amended. as amended. Residential Zone a. Use Regulations in Water Zone (WZ).3 High Density Residential Zone (R-3) . allowed density is sixty-six (66) or more dwelling units per hectare. 1. Ordinance No. Such bodies of water shall include rives. 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. Height Regulation. Regulations in Tourist Zone (TZ).In R-2 Zone. design standards. and the revised Forestry Code of the Philippines. The utilization of the water resources for domestic and industrial use shall be allowed provided it is in consonance with the development regulations of DENR.In R-1 Zone. that it is subject to an Environmental Impact Assessment prior to the approval of its use. Section 22. 2000 Page 16 of 32 Infrastructure development and resettlement undertaken within Forest Zone shall be consistent with the provisions of the revised Forestry Code of the Philippines. Section 19. Other uses such as recreation. ordinances. fishing. 2. as amended.Cont. 048. a. allowed density is twenty (20) dwelling units and below per hectare. streams. A. All Other Zones There is no maximum density but should be based on the planned absolute level of density that it is intended for each concerned zone based on the Comprehensive Land Use Plan. lakes and seas. No tourism project or tourism related activities shall be allowed in Tourist Zone unless developed or undertaken in accordance with the Department of Tourism (DOT) guidelines and granted approval by the said agency. a. floatage/transportation and mining shall also be allowed provided it is consonance with the provisions of Water Code. ARTICLE VI GENERAL DISTRICT REGULATION Section 21. provisions of the Water Code.Permitted density shall be based on the zones capacity to support development. B.2 Medium Density Residential Zone (R-2) . Plumbing Code g.2 Medium Density Residential Zone (R-2) . Section 23. mid-rise dwellings are four to seven storeys.P. building heights shall be based on the prescribed Floor Area Ration (FAR).1 Low Density Residential Zone (R-1) . Within these zones. . s. A. Section 24. Executive Order No."Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects" and its revised implementing rules and regulations. c.In R-3 Zone. Exempted from the imposition of height regulations in residential zones are the following: towers. Area Regulations.In R-2 Zone. Exemptions from Height Regulation in R-1 and R-2. a. The FAR of an R-3 Zone shall be based on the Planned Density of Development intended for the zone.D. no building or structure for human occupancy whether public or private shall be higher that ten meters above highest natural grade line in the property or front sidewalk (Main Entry) level. 1096 . b. Other relevant guidelines promulgated by the national agencies concerned. 220 . church. steeples.the "Subdivision and Condominium Buyers Protective Law" and its revised implementing rules and regulations. B. 048.Cont.3 High Density Residential Zone (R-3) . P. Residential Zones a. 2000 Page 17 of 32 rules and regulations related to land development and building construction and the various safety codes. Sanitation Code f. low rise dwelling are up to three storeys. no building or structure for human occupancy whether public or private shall be higher than twenty-one (21) meters above highest natural grade line in the property or front sidewalk (Main Entry) level. Structural Code h.D. water tanks and other utilities and such other structure not covered by the height regulations of the National Building Code and/or the Air Transportation Office. All other Zone There is no fixed building height limits except those prescribed by the Air Transportation Office (ATO) and other government regulations. 957 . Ordinance No.In R-1 Zone. high rise dwelling units of eight or more storeys are allowed provided it conforms with the zone's prescribed Floor Area Ratio (FAR). 648 i. a. B.National Building Code d. Area regulation in all zone shall conform with the minimum requirement of the existing codes such as: a. Fire Code e. P. Section 27. 3 m. 7 m. Ordinance No. twenty (20) meters in agricultural areas and forty (40) meters in forest areas.Cont. s. advertising and business signs. shall be observed. 30 m. 10 m./Brgy 10 m. 1. 20 m. 30 m. floatage. 25 m. The following road setback regulation shall be applied: ROAD SETBACK Zoning Classification Residential Commercial Industrial Agriculture Agro-Industrial Institutional Parks/Recreation Forest Major Thoroughfare 30m and above Secondary Road Tertiary Road(6m and above) Diversion/ Railway Provincial Mun. along their margins. fishing and salvage. 7 m. 20 m. Specific Provisions in the National Building Code. navigation. Section 28. which are not in conflict with the provisions of the Zoning Ordinance. Setback Regulations. Easement. access yard requirements and dwelling groups. navigation. Specific provisions stipulated in the National Building Code (P. 10 m. 20 m. floatage. A buffer of three (3) meters shall be provided along boundary length between two or more conflicting zones allocating 1. ARTICLE VII ENVIRONMENTAL MANAGEMENT .5 meters from each side of the district boundary. 048. erection of more than one principal structure. 20 m. 10 m. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of the yard or open space. 25 m. 3 m. 10 m.) the banks of rivers and streams and the shores of the seas throughout their entire length and within a zone of three (3) meters in urban areas. 10 m. 10 m.D. 30 m. 2000 Page 18 of 32 Section 25. Buffer Regulations. are subject to easement of public use in the interest of recreation. 10 m. 20 m. fishing or salvage or to build structures of any kind. dwelling or rear lots. 25 m. Section 26. 20 m. Pursuant to the provisions of the Water Code. No person shall be allowed to stay in this zone longer than what is necessary for space or recreation. 1069) as amended thereto relevant to traffic generators. Performance Standards . all sewage shall comply with pertinent requirements of the national Pollution Control Commission.No sewage dangerous to the public health. a) Detailed description of the proposed development or activity. 1 of the Ringlemann Chart. . Ordinance No. Noise. Dirt and Fly Ash . noise silencers and mufflers.The following are the criteria established to control noise. starting a new fire. odor. dirt or fly ash be allowed to exceed 0. g) Sewage Disposal . In no case whatsoever shall dust. 048. natural waterway or drainage channel. d) Odors and Gases . such as cork set on reinforced concrete foundation or a floating isolated foundation set on piles.Major constructions/development/activities may be required by the Zoning Administrator or the local government to submit an Environmental Impact statement for review by the authorities concerned. c) Dust. dirt. safety and general welfare shall not be permitted. vibration. s.5 as a daily average on a volumetric bases with a temporary variations of 5.All noise and vibration . b) Smoke . an open yard of a distance of not less than twenty (20) meters from the street as buffers. fire and explosive hazards.5 and 8.68 grams per cubic meter of fuel gas at stack temperature of 60 centigrade nor to create a haze with opaqueness equivalent to or greater then No. Acidity or alkalinity shall be neutralized to a PH of between 6.Glare and Heat from any operation or activity shall not be allowed to be radiated. as needed by the machinery concerned to reduce all noise and vibrations to a reasonable minimum. shall not be permitted. Waste water shall not contain substances at levels considered toxic to whatever organisms are considered benefited from the receiving waters which maybe by man. fishes or other organism.0. which is objectionable due to intermittence. or noxious matter. filters. To minimize vibrations.The emission of foul odors and gases deleterious to public health.Cont.0 to PH 10. Environmental Impact Assessment/Statement . and general welfare shall be discharged into any public sewer system.Any smoke emitted from any source for period aggregating seven (7) minutes in any thirty minute particularly when. 2 of the Ringlemann Chart. destructive. f) Industrial Waste . shall have a density not greater than No. e) Glare and Heat .producing machinery shall be enclosed by a building and shall be provided with effective noise-absorbing materials. or fly ash from any sources or activity which shall pollute the air and render it unclean. In addition to the following requirements. Buildings and activity emitting foul odors and obnoxious gases shall be enclosed by airtight buildings provided with air conditioning system. or cause visibility to be impaired. Section 30. Waste water shall not contain oil or grease in excess of 300 PPM or exceed a daily average of 10 PPM. smoke. toxic. unhealthful or hazardous.The emission of dust. seen or felt from any point beyond the limits of the property. and glare or heat generated by or inherent in uses of land or buildings: a) Noise and vibrations .Industrial plant waste 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. The following requirements shall be submitted by the applicants. safety. 2000 Page 19 of 32 Section 29. beat frequency or high pitch shall not be allowed unless enclosed in a sound-proof building as tested and approved by the authorities concerned. deodorizing and other cleaning equipment. a machinery should be mounted on shock absorbing mountings. In addition.Cont. Nature and Concept .The establishment of PUD in any area shall be permitted only if the following conditions are complied with: . d) Detailed description of probable direct or induced impact of the proposed activity on the physical. Section 33. c) Detailed description of the existing plants if there is any which will be affected by the proposed development or activity. fishing. the owner or developer must first submit his plans to the Zoning Administrator who will review the zoning viability of the site and discuss with the Municipal Planning and Development Office and with the concerned public officials and agencies the viability of the project. 2000 Page 20 of 32 b) Detailed description of the physical. creeks and streams shall be observed: a) Three (3) meters setback for all urban uses. s. salvage and other similar activities. provided they are consistent with as set forth in the next succeeding section. 048. exploitation development. social environment within which the proposed development or activity will be placed. Conventional standards and criteria are liberalized in an area where innovative techniques are employed. conservation and protection of water resources the following setbacks and/or easement along the entire length of the banks of rivers. f) Detailed description of the proposed measures that will be provided or to be incorporated in the project development to ensure the environmental soundness and acceptability of the project. Ordinance No. following the procedures prescribed for the conduct of hearings prior to the grant of variances as set forth in Article VIII herein. He may prescribe such terms and conditions that may he deem as reasonable and proper. he shall conduct a public hearing on the application.In the utilization. Before any PUD may be permitted. flexibility and economy in land uses. navigation. e) Comparison of impact of alternative actions. ARTICLE VIII PLANNED UNIT DEVELOPMENT (PUD) Section 32. Requirements and Procedure for Granting of Permits to Planned Unit Development. Buffer Strips/Easement . Section 31. floatage. The above setbacks/easement shall be subjected for public use as for recreation. biological and social environment. b) Twenty (20) meters easement for all agricultural c) Forty (40) meters easement for all forest uses.Planned Unit Development (PUD) involves the development of mixed-use large scale projects on a single tract of land or in a particular compact integrated area employing innovative techniques or designs for the purpose of encouraging creativity. Section 34. biological. Conditions for the allowance of Planned Unit Development (PUD) . on any portion within the legal easements of creeks and rivers c) No part of a yard. and it should not defeat the purposes and objectives of the development plan and ordinance of the municipality. and no building or structure or part thereof shall hereafter be erected. and the relation (in terms of existing and potential economic influence and environmental impact) of the tract of land involved with the surrounding properties. odor. b) The owner/developer must submit to the municipal council and the Zoning Administrator.The regulations set by this Ordinance within this Zone unless otherwise provided. 2000 Page 21 of 32 a) It would be economically impracticable to apply the conventional standards of this ordinance to a particular area or the compliance with such requirements would be less efficient. dust. water.Cont. b. streets. noxious gases. Ordinance No. b. loading space similarly required for other any building. s. access points. industrial wastes and traffic which may be produced by the development. to occupy a greater percentage of lot area 4. buffer strips and rail. preliminary and final plans including the project feasibility study for review. to accommodate or house a greater number of families 3. vibration. c) The proposed development will not be incompatible with existing and proposed adjacent and surrounding uses. 048. moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located. structure or land shall hereafter be used. Application of Zone Regulations . smoke. to exceed the prescribed height or bulk 2. . open space. shall for the purpose of complying with this ordinance. to have narrower or smaller yard requirement or any other contrary to the provisions of this ordinance 5. shall apply uniformly to each class or kind of structure or land as follows: a) No building. loading spaces required of any building.2 The final plan must in addition to the above requirements describe the noise. off-street parking. constructed or reconstructed.1 The preliminary plan must generally set forth any existing or proposed arrangements of lots. fire hazards. glare and heat. b) No building or other structure shall hereafter be erected or altered: 1. or occupied. highway or other transport arrangements. off-street parking. ARTICLE IX SUPPLEMENTARY REGULATIONS Section 35. d) The area of the proposed (PUD) is a consolidated parcel of land of at least two (2) hectares. less economical in design and space utilization and creativity. be included as part of the yard. in accordance with the criteria below prescribed: 1. s. however. c) Where public welfare demands. c) Their sound maintenance shall be the sole responsibility of the applicant and/or the persons running them. d) They shall not be contradicting to the provisions of clean air act or R. if public.Cont. Radio Transmitting Stations a) They shall be located within commercial zones. or within reasonable distance from residential zones.A. b) Their sound maintenance shall be the responsibility of the applicant or persons running them. Special Permit Uses . b) Poisoning of rats and spraying of flies and the general maintenance of the dumping site shall be the sole responsibility of the applicant. 2000 Page 22 of 32 d) No yard or lot existing at the time of the passage of this Ordinance shall be reduced in dimensions of area below the minimum requirements set forth herein. Ordinance No. Dumping Sites a) Adequate fencing shall be put up to prevent undue scattering of wastes. . they may not be denied location in some residential zones provided the preceding conditions are complied with. 8749 3.The following shall require a special permit from the Zoning Administrator. d) Other sanitary requirements of the municipality shall be complied with. 4. Section 36. b) A site inspection shall be required to determine that the proposed plant does not constitute safety hazards to the adjacent land uses and to the community in general. 048. Cemeteries a) They shall be located outside of. and shall be located within a reasonable distance from the residential zones. b) Their sound maintenance shall be the exclusive responsibility of the applicant and/or persons running them. c) The dumping site shall not be located outside the applicant's premises if private. Incinerator Plants a) They shall not as far as practicable be located within residential zones. 2. height and size will be determined. Ordinance No. Open Storage a) They shall be located within reasonable distance from schools. heliports. Section 38. hospitals and other similar buildings. Pollution Control . Section 39. they may not be denied location in some residential zones provided the preceding condition is complied with. Section 37. Filling Stations a) They shall be located within reasonable distance from schools.Advertising and business signs to be displayed or put up for public view in any of the Districts herein enumerated must have a permit from the Zoning Administrator in order that proper location. d) Sworn statements of the owners of the adjoining lands signifying their conformity to the proposed landing site shall be obtained by the applicant at least 30 days before the intended date of operation. and a notice shall be posted or published in at least one of the daily newspapers to determine public opposition to the proposed landing site. clients and visitors. preferably 200-300 feet away or more. 6. Private landing strip.Cont. churches. 048. 7. 5. s. all manufacturing industries must apply for non-pollution clearance from the DENR.All traffic generating building and structure allowed in any of the Districts must provide for adequate parking spaces for their employees.For effective pollution control. b) They must be at least 200-300 feet from the nearest residential zones or residence. c) A written authority to operate shall be obtained from the CAA Administrator by the applicant at least 90 days before the intended date of operation. churches. b) Their sound maintenance shall be the sole responsibility of the applicant. Advertising and Business Signs . hospitals and other similar buildings. and helipads a) They shall not be located within residential zones. runways. Traffic Generators . 2000 Page 23 of 32 c) Where public welfare demands. b) They shall not constitute safety hazards in a community developed entirely into residential purposes. EXCEPTIONS AND VARIANCES . ARTICLE X NON-CONFORMING USES. however. riot. explosion. which have been damaged by fire. c) That any non-conforming structure. although such use does not conform with the provisions of this Ordinance. i) Should such non-conforming structures or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction. structure or land at the time of the adoption of this Ordinance may be continued. during the remaining lifetime. Deviations . but any structure or portion thereof may be altered to decrease its non-conformity. provided: a) That no such non-conforming use shall be enlarged or increased or extended to occupy a greater area of land than that already occupied by such use at the time of the adoption of this Ordinance.Cont. Ordinance No. or one or more of a group of non-conforming structure related to one use and under the ownership. Certificate of Non-Conformance. earthquake. flood. it shall not be reconstructed except in conformity with the provisions of this Ordinance. Existing Non-Conforming Uses and Building. otherwise. 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. e) That such non-conforming use may be enlarged or extended only if the entire building is thereafter devoted to conforming use. 048. j) Should such structure be moved for any/reason for any distance whatever. war. it shall thereafter conform to the regulations for the district in which it is located after it is moved. 2000 Page 24 of 32 Section 40. s. The lawful use of any building. that is. increased or moved to displace any conforming use. Section 42.Exceptions and variances or deviations from the provisions of this Ordinance may be allowed by the Zoning Administrator only when the following terms and conditions obtain: . h) No such non-conforming structure may be enlarged or altered in a way which increased its non-conformity. or moved in whole or in part. that such reconstruction is not more than fifty percent (50%) of the assessed value of the structure or structures. enlarged. f) That such non-conforming use may be extended. A certificate of nonconformance/for all non-conforming uses shall be applied for by the owner or agent of the property involved within twelve (12) months from the approval of this Ordinance. d) That the total structural repair and alteration that may be made in a non-conforming structure shall not. b) That no such non-conforming use which has ceased for more than one (1) year or has been changed to a use permitted in the district in which it is located be again revived as non-conforming use. g) That no such non-conforming use shall be changed to another non-conforming use. subsequent to the adoption of this Ordinance exceed twenty five percent (25%) of its assessed value. the nonconforming use may be condemned at the owner's expense. or other such force majeurs may be reconstructed and used as before provided. Section 41. s. The proposed variance is the minimum deviation necessary to permit a reasonable use of the property. Ordinance No. 7. The exception will not alter the essential character of the district where the exception sought is located. 5. and will be in harmony with the general purpose of the of the Ordinance. if found necessary. The exception will not weaken the general purpose of the regulation. b) The Zoning Administrator shall make preliminary studies on the application and fix the time and place for the hearing. The exception will not adversely affect the public health. indicating the section of this Ordinance under which the same is sought and stating the ground therefore. at least . safety or welfare. c) A written notice of the public hearing shall be served on the applicant and the owners of the properties adjacent to the property which is the subject of the application.Cont. The variance will not weaken the general purpose of the ordinance and will not adversely affect the public health. 2. Exceptions and Variances. established for the specific district. 2. The hardship is not self-created. the owners cannot obtain a reasonable return on the property. 3. 4. The procedure for the granting of an exception and/or variance is as follows: a) A written application for an exception or variance is filed with Zoning Administrator. 3. The variance will be in harmony with the spirit of this Ordinance. The exception will not adversely affect the appropriate use of either property in the same district. Section 43. B. The variance will not alter the essential character of the district or zones where the property for which the variance is sought is located. The property is unique and different from other properties in the adjacent locality and because of its uniqueness. Exceptions: 1. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property. and will not substantially or permanently injure the use of other property in the same district or zone. 2000 Page 25 of 32 A. 6. Procedure for Granting the Same. 048. 4. safety and welfare and is in keeping with the general pattern of development in the community. Variances: 1. Visibility at Interaction Residential Zone. however. the regulation provided for in this Ordinance which are applicable to the most restricted district immediately adjacent to the land under consideration shall be applied to such land or portion thereof. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street.) of any other building. Erection of More than One Principal Structure. e) At the hearing all interested parties shall be afforded the opportunity to be heard and based in the evidence and testimonies presented. the Zoning Administrator shall decide on whether or not to grant variances. or any portion thereof revert to private ownership and the said street or public land does not appear on the zoning map as included in any district.Cont. . fire protection and shall have the required off-street parking.No building used or designated to be used as a residence shall be allowed in any rear lot unless such lot has an exclusive right-of-way easement over a path of at least four meters (4 meters) leading to a street and there shall be not more than one building for each easement. or by an agent or attorney.) from the point of the interaction. any party may appear in person. On a corner lot in any residential district. Dwelling or Rear Lots . may be allowed on a corner path if the right-of-way easement is at least six meters (6m.Lots abutting on a district boundary line shall conform to the yard requirements of the more restrictive district bounded by the line. f) The Zoning Administrator shall render a decision within sixty (60) days from the filling of the application. In any District where more than structure may be permitted to be erected on a single lot. Streets and Other Public Land Not included in any Zone. Yard Requirements along a Zone Boundary Line . Section 48. Structure to have Access. Easement. Section 50.No accessory building shall be erected in any required yard and no separate accessory building shall be erected within five (5 ft. Should any land. at the municipal hall. Section 45. Section 47. and all structures shall be so located on lots as to provide safe and convenient access for servicing. and in one another public place at least fifteen (15) days prior to the said public hearing. placed or planted or allowed to grow in such manner as materially to impede vision between a height of two and a half (2 ½ ft. Section 49. 2000 Page 26 of 32 fifteen (15) days prior to the scheduled public hearing.) wide. s. Section 46. d) At the public hearing. nothing shall be created. Section 44. the yard and other requirement of this Ordinance shall be met for each structure as though it were erected on an individual lot. exclusive of the time spent for public hearing. Two or more buildings. 048. Notice of such hearing shall also be posted on the property for which the exception is sought. Ordinance No. Accessory Building .) above the center line grade of interacting streets in the area bounded by the street lines of such corner lots and a line joining points said street lines fifty feet (50 ft. To qualify for the position of Zoning Administrator. 2000 Page 27 of 32 Section 51. 048. training and/or experience in physical planning. Section 53. or in the absence of one. and/must have no direct or indirect pecuniary interests in any public or private development construction.Cont. applications for the granting of exceptions in accordance with the following criteria: 1. within the tract on which the residential compound is to be erected. this open space may be used as part of the yard requirements for the compound. Powers and Duties.This Ordinance shall be enforced and administered by the Zoning Administration who shall be appointed by the Municipal Mayor. exclusive of the area or to be used for street driveways.) provided that where the residential compound is intended for less than ten (10) families. That the exception is essential to maintain the functional design and architectural integrity of the development. in the compound.When it is impracticable to apply the requirements of this Ordinance to individual building unit in a residential compound consisting of two (2) or more buildings. c) That there is provided. a permit for the construction of such compound may be issued. b) That the average lots per family or dwelling unit. That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district. and provided. The Zoning Administrator shall administer and enforce the provisions of this Ordinance.(1) of good moral character. Enforcement . Section 54. d) That there is provided. Qualification of Zoning Administrator. that when an open space for playground purposes is set aside. Dwelling Group . provided that the plan thereof conforms to the following conditions: a) That the building are to be used for residential purposes and such accessory uses are permitted in the district where the compound is located. he or she must be . ARTICLE XI ENFORCEMENT AND ADMINISTRATION Section 52. but in no case less than one hundred square meters (100 m. specifically. or immediately adjacent thereto. (2) possessing specialized knowledge. is not less than the lot area per family required in the district. A) To grant or deny. further. s. with or without conditions. an adequate private garage or off-street parking area. within the street on which the residential compound is to be located. Ordinance No. depending on the needs of the residents and their visitors. (3) a resident of the community for at least 5 years. construction and/or design technology. 2. the setting aside of such area for playground purposes may be dispensed with. an open space for playground purposes within an area equivalent to at least an aggregate area of five percent (5%) of the required lot area per family. . a lawyer. That the exception will not adversely affect the public health. 2000 Page 28 of 32 3. with or without conditions. That the exception will be in harmony with the spirit and purpose of this Ordinance. is located. for which variance is sought. That the variance will not alter the essential character of the district where the property. 2. contractor or other persons who commit or assist in any such violation. That the variance will be in harmony with the specific of this Ordinance. 6. That because of the uniqueness. That the exception will not weaken the general purpose of the regulation herein established for the specific district. 8. F) To call upon the Chief of Police and his authorized agents to assist in the enforcement of this Ordinance. That the variance will not weaken the general purpose of the Ordinance or the regulation herein established for the specific districts. is located. safety or welfare. 7. builder. That the proposed variance is the minimum variance necessary to permit a reasonable return on the property. agent. That the hardship is not self-created. That the variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district. application for the granting of a variance in accordance with the following criteria: 1. 4. 6. That the variance will not adversely affect the public health. 4. or tenant of the building or land. D) To serve notice requiring the removal of any use in violation of this Ordinance upon the owner. s. 9. or upon the architect. E) To call upon the assigned prosecutor to institute any necessary legal proceeding to enforce the provision of this Ordinance. That the property be unique and different from other property nearby. G) To report to the Municipal Planning and Development Board and the Sanggunian Bayan all the exceptions and variances granted so that the zoning map can be correspondingly updated and also a report on the progress and problems encountered in the . 5. B) To grant or deny. Ordinance No. C) To issue certificate of zoning compliance as herein provided. the owners cannot obtain a reasonable return on the property. 5. safety or welfare.Cont. 048. That the exception will not alter the essential character of the district where the property for which exception is sought. The assigned prosecutor is hereby authorized to institute the appropriate action to this end. 3. (1) Representative from NGO The concurring vote of four (4) members shall be necessary to reverse any order. The board shall adopt rules necessary for the conduct of its affairs. s. said permit shall be canceled by the Zoning Administrator and a notice thereof shall be given to the person affected.The Zoning Administrator shall submit a biannual reports on the status of the land uses of the municipality including the number. variances.No building permit shall be issued unless a certificate of Zoning Compliance has been obtained from the Zoning Administrator. Municipal Treasurer 7. exceptions. non-conforming uses. may administer oaths and compel the attendance of witnesses. Municipal Assessor 3. Municipal Engineer 4. the acting chairman. Report of Zoning Status .Cont.Chairman on Land Use 6. Section 56. which shall consist of following members: 1. nature and character of permits granted or denied. 048. Section 57. Section 59. Certificate of Zoning Compliance . Such certificate shall show among other things that the building or part thereof and the proposed use of the same are in conformity with the provisions of this ordinance. decision or determination of the Zoning Administrator. Ordinance No. Section 55. special and temporary uses and conditions imposed thereon to the Sanggunian Bayan. The Zoning Administrator shall maintain a record of all certificates of zoning compliance and a copy shall be furnished upon the request of any interested person. An Administrative board known as the Zoning Board of Appeals is hereby created. making the necessary recommendation therefore. . The Chairman. Meeting shall be held at the call of the chairman and such other times as the Board may determine. Municipal Agrarian Reform Officer 8. Section 58. Municipal Planning and Development Coordinator 2. all of which shall constitute a public record. or in his absence. I) To deputize barangay officials with regards to monitoring and report any violation in the barangay. If the certificate of zoning compliance is not used for one year from the date of issue. Procedure in the Zoning Board of Appeals. All meetings shall be open to the public. The Board shall keep a minute of its proceedings showing the vote of each member upon each question raised and keep a record of its official actions. Sangguniang Bayan . innovative techniques. H) Take any other action authorized by this Ordinance to ensure compliance with or prevent violation of its provisions. Zoning Board Appeals. Municipal Agriculturist 5. 2000 Page 29 of 32 administration and enforcement of this Ordinance. Expiration of Certificate of Zoning Compliance. and in one another public place at least fifteen (15) days prior to the said public hearing. b) Grant variance and exceptions as provided for in this Ordinance. Section 63. repeal or legislate a zoning ordinance. at the Municipal Hall. Section 64. Section 61. Creation of Local Zoning Review Committee. alter. The Committee shall be headed by the Municipal Planning and Development Coordinator and shall compose of the following: 1. by filling with the Zoning Administrator and with the Board. s. Appeals. The territorial jurisdiction of the Board shall be limited to the Municipality from which it derives its authority. The Zoning Administration shall transmit to the Board all papers constituting the record upon which the action appealed from was taken. order or determination made by the Zoning Administrator in the enforcement of this Ordinance. The Zoning Board of Appeals is a quasi-judicial body. Municipal Engineer . The Board of Appeals shall fix the time and place for the hearing of the appeal. or by an agent or by an attorney. Powers . Limitations on the Power and Authority of the Board. Municipal Assessor 3.The Zoning Board of Appeals shall have the powers to: a) Hear and decide appealed cases where it is alleged that there is a substantial error in any decision. a notice of appeal specifying the grounds therefore. by a committee to be known as the Local Zoning Review Committee. administration or enforcement of this Ordinance may appeal to the Local Zoning Board of Appeals. but not exceeding sixty (60) days from the receipt of the notice of the decision or action taken by the Zoning Administrator.Cont. This Zoning Ordinance shall be reviewed every year or sooner as the need arises. give due notice to the parties and decide the same within a reasonable time. Ordinance No. any party may appear in person. c) A written notice of the public hearing shall be served on the applicant and the owners of the properties adjacent to the property which is the subject of the application at least fifteen (15) days prior to the scheduled public hearing. it shall have no power and authority to amend.The procedure for granting of an exception and variance is as follows: a) A written application for an exception or variance is filed with the Zoning Administrator indicating thereon the section of this Ordinance under which the same is sought and stating the grounds therefore. . Such appeals shall be taken within a reasonable time. d) At the public hearing. Any person aggrieved by the decision of the Zoning Administrator regarding the interpretation. SB . 048.Chairman on Land Use 2. b) The Zoning Administrator shall fix the time and place for the hearing. Notice of such hearing shall be posted on the property for which the exception is sought. Decision of the Board of Appeals shall be final. 2000 Page 30 of 32 Section 60. As such. Section 62. Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid. Recommend to the Sanggunian Bayan necessary legislative amendments and to the Municipal Development Council the needed changes in the plan as a result of the review conducted by it. Municipal Agriculturist 5. Determine what amendments or revisions are necessary in the zoning ordinance because of changes that might have been introduced in the local development plan. Identify what provisions of the ordinance have been difficult to enforce or are unworkable.500. s. pending if necessary any construction of a building or structure which does not comply with any of the provision of this ordinance in close coordination with the Office of the Zoning Administrator. All Sangguniang Barangays thru their respective Punong Barangays are hereby enjoined to monitor the enforcement of this ordinance. be punished by a fine of two thousand five hundred (P 2. B. Section 65. 048. such decision shall not affect . 2000 Page 31 of 32 4. and exceptions and variances granted. They are hereby authorized to report. (1) Representative from NGO The representative of the Sangguniang Bayan shall be elected by the members of this legislative body while the representative of the private sector shall be appointed by the Mayor. Determine what changes would have to be introduced in the local development plan in the light of permits given. Section 66.Cont. Section 68. C. from time to time. Municipal Treasurer 6. Ordinance No. Violation and Penalty.00) pesos or an imprisonment of not more than six (6) months or both such fine and imprisonment at the discretion of the court. Separability Clause. Review the zoning ordinance for the following purposes: 1. supplement or repeal any provisions of this Ordinance. check. The Municipal Council may. and 3. on its own motion or upon recommendation by the Zoning Administrator amend. Provide information to the Housing and Land Use Regulatory Board that would be useful in the exercise of the Functions of the Commission. Amendments. Monitoring on the Enforcement. Review Committee shall have the following powers and functions: The Local Zoning A. Section 67. Section 69. Functions of the Review Committee. Any person or juridical persons who violates any of the provisions of the Ordinance shall upon conviction. 2. Municipal Agrarian Reform Officer 7. MELCHOR A. 2000. PROVIDED THAT LAND USE DECISIONS OF THE NATIONAL AGENCIES CONCERNED DEVELOPMENT PLAN OF THE LOCALITY.)HON. .)HON.Cont. 2001. 048. (Sgd. RUY SB Member (Sgd.)HON. Secretary ATTESTED: (Sgd. SHALL BE CONSISTENT WITH THE Section 71. Ordinance No. VILLAFLOR SB Member/SKF President APPROVED: (Sgd. AMPARADO SB Member (Sgd. HERNANDEZ SB Member (Sgd. UNANIMOUSLY APPROVED: By order of the Sangguniang Bayan of Ragay. Camarines Sur this 26th day of March.)HON. I HEREBY CERTIFY to the correctness of the foregoing Municipal Ordinance No.)HON. CLEMENTE Vice-Mayor/Presiding Officer (Sgd.)HON. MAYOR SB Member/ABC President (Sgd. Municipal Mayor Date Approved: April 30. Repealing Clause. ALBERTO G.)HON. Section 70. JUDITH Q. JUSTINA C. letter of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas.)HON. All other ordinance. BENJAMIN P.)HON. MARIA M.B.)MANUEL C. ALMAREZ SB Member (Sgd. AQUINO. CLARITA SL.D. s. The provisions of this Ordinance shall be without prejudice to the applications of the laws.)HON. s. ADELAIDA A. RAMOS SB Member (Sgd. RENATO E. which shall remain in force and effect. rules or regulations in conflict with the provisions of this Ordinance are hereby repealed. Camarines Sur". COMOTA S. 048. ARMANDO P. BALBASTRO SB Member (Sgd. CEDO SB Member (Sgd.)HON. provided that vested rights on the effectivity of this Ordinance shall not be impaired. 2000 Page 32 of 32 the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. presidential decrees. Suppletory Effect of the Laws. EJE SB Member (Sgd. ROMEO G. DOMINGO S. 2000 otherwise known as the " Comprehensive Zoning Ordinance of the Municipality of Ragay. M.)HON.