Republic of the Philippines
Autonomous Region IX
City Of Pagadian
-o0o-
SANGGUNIANG PANLUNGSOD
1st Special Session January 13, 1978
Bill No. 2
ORDINANCE NO. 13
"AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF PAGADIAN AND PROVISIONS FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH"
THE SANGGUNIANG PANLUNGSOD OF PAGADIAN CITY HEREBY ORDAINS:
ARTICLE - 1
TITLE OF THE ORDINANCE
SECTION 1. - This shall be known as the "Comprehensive Zoning Ordinance for the City of Pagadian.
ARTICLE - II
AUTHORITY AND PURPOSE
SECTION 1. - This Ordinance is enacted pursuant to Section Three (3) of Republic Act No. Twenty-Two Hundred and Sixty Four (R.A. 2264), otherwise known as the Local Autonomy Act, authorizing cities to adopt zoning ordinances and regulations subject to the approval of the City Mayor and pursuant to Memorandum Circular No. 74-20 of the Secretary of the Department of Local Government and Community Development (DLGCD) dated 11 March 1974, authorizing the then City Councils to create and organize their respective City Planning and Development Board.
SECTION 2. - PURPOSE - This Ordinance is designed and enacted to:
1. Protect health and life, promote peace, develop morals, and provide comfort, convenience and general welfare;
2. Guide, control and regulate future growth and development in accordance with the development of the City;
3. Protect the character and stability of residential, commercial, industrial, institutional, agricultural and open space within the City and promote the orderly and beneficial development of the zone;
4. Provide adequate light, air, privacy and convenience of access to property;
5. Prevent undue congestion of population; and
6. Regulate the location of buildings, and the use of buildings and lands adjacent to streets and thoroughfares in such manner as to obviate the danger to public safety caused by undue interferences with existing or prospective traffic movements on such streets and thoroughfares.
SECTION 3. - DECLARED ZONING PRINCIPLE. - Zoning is the division of the City into districts according to present and potential use of property for the purpose of controlling and directing the use and development of these properties. Zoning is a tool to implement the development plan.
SECTION 4. - DEVELOPMENT PLAN. - This Comprehensive Zoning Ordinance is based on the development plan prepared by the City Planning and Development Board adopted by the Sangguniang Panlungsod through its Resolution No. 69, passed on December 15, 1977.
ARTICLE - III
DEFINITION OF TERMS
1. - ACCESSORY USE: A use incidental and subordinate to the principal use of the building and/or land.
2. - ADDITON, ALTERATIONS, REPAIRS: Changes in an existing building involving interior or exterior work and/or increase or decrease of the area of the building.
3. - APARTMENT: A row of independent units designed and intended for, or occupied by a family on a more or less permanent basis.
4. - APARTMENT HOTEL: Any building containing several independent and furnished apartment units regularly leased on a more or less permanent basis, and offering basic services to its tenants (e.g., dining services).
5. - APARTMENT HOUSE: A building containing several independent residential suits, usually having facilities such as elevators, air-conditioning, etc., furnished in common.
6. - BOARDING HOUSE: A house which admits a small number of persons for compensation and where meals may or may not be served to them only.
7. - BOTANICAL GARDEN: A tract of land use for the culture and study of plants, collected and grown for scientific and display purposes.
8. - BUIDABLE AREA: The remaining space in a lot after deducting the required minimum open space.
9. - BUILDING: A constructed edifice, designed to stand more or less permanently, covering space of land, usually covered by a roof, or more or less enclosed by walls and supported by columns, and serving as a dwelling store, factory, shelter for animals, etc.
10. - BUILDING ACCESSORY: A building subordinate to the main building located on the use and enjoyment of the main building, such as servants quarters, garage, etc.
11. - BUILDING, MAIN: One in which the principal use of the land on which it is situated is conducted.
12. - BUS TERMINAL: A private station where public utility buses regularly discharges and receive passengers and/or where such vehicles are repaired and maintained.
13. - COTTAGE INDUSTRY: Establishments or firm which conform to the standard set forth by the National Cottage Industry Development Authority (NACIDA).
14. - DORMITORY: A building where many persons are provided with board and lodging facilities in common halls, for a compensation.
15. - DWELLING: A building or structure use for lawful residence.
16. - DWELLING, ONE FAMILY DETACHED: A one-family house having one party wall and two side yards.
17. - DWELLING, ONE FAMILY DETACHED: A one-family house having one party wall and one side yard.
18. - DWELLING, TWO FAMILY, DETACHED: A house or structure divided into two separate and independent living quarters by a wall extending from the floor to the ceiling, and provided with two side yards. Each portion provided complete living facilities for the household.
19. - DWELLING, TWO-FAMILY, SEMI-DETACHED: A two family dwelling as above defined except that it is provided with one yard.
20. - DWELLING, MULTI-FAMILY: A building use as a house or residence for three (3) or more families living independently from one another, each occupying one or more rooms as a single housekeeping unit.
21. - FAMILY: A group of individuals living under one roof and considered as a part of a single housekeeping unit.
22. - FILLING STATION: A retail station servicing automobiles and other motor vehicles with gasoline and oil only.
23. - GARAGE: A building or structure where cars and other motor vehicles are housed and maintained.
24. - GARAGE, COMMERCIAL: A garage where motor vehicles are housed, maintained, equipped, repaired, or kept for remuneration or sale.
25. - GARAGE, PRIVATE: A building or structure where cars and other vehicles used by the owners or members of the family residing within the dwelling are housed and maintained.
26. - GUARD HOUSE: An accessory building or structure used by a security guard while on duty.
27. - HOME OCCUPATION: An occupation or business conducted within the dwelling unit.
28. - HOSPITAL: An institution providing health service primarily for in-patient, and medical or physical care of the sick or injured, including as an internal part of the institution, such related facilities as laboratories, out-patient department, training facilities, and staff offices.
29. - HOTEL: A building and its premises where persons may regularly be received, lodged, or harbored, as transients or guest, and provided with accommodation services, and/or meals for a fee.
30. - LOT: A parcel of land on which a principal building and its accessories are situated or maybe situated, together with the required open spaces.
31. - LOT DEPTH: The main horizontal distance between the front line and the rear line measured within the lot boundary.
32. - MANUFACTURING INDUSTRY: An industry which involves the chemical or mechanical transformation of inorganic or organic products whether the transformation is done by a power driven machine or by hand or whether it is done in a factory or in the workers house.
33. - MOTEL: Any structure with several separate units primarily located along the highway, where motorist may obtain lodging with parking spaces and in some instances meals.
34. - MUSEUM: A non-profit, non-commercial establishment operated as a repository, or a collection of nature, scientific, or literacy, curiosity or objects of interest such as work of arts. This does not include the regular sale or distribution of the objects collected.
35. - NURSERY/DAY CARE CENTER: A place where children are temporarily cared for and trained in the parents absence.
36. - PARK: A pleasure ground set apart for recreation of the public, to promote its health and enjoyment.
37. - PARKING BUILDING: A building of several floors used for temporary parking for motor vehicles on various floors and may be provided with services allowed for service stations.
38. - PARKING LOT: an off-street open area, the principal use of which is for the parking of motor vehicles by the public whether for compensation or not, or as accommodation to clients or customers.
39. - PRIVATE PET HOUSE: A building or structure for the keeping of domestic pets, for the enjoyment and/or protection of the members of the family residing within the dwelling.
40. - PROFESSIONAL OFFICE: The office of the person engaged in any occupation, vocation or calling, not purely commercial, mechanical, or science or learning and is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded therein.
41. - RECREATIONAL CENTER: A place, compound or building or a portion thereof, open to the public for recreational and entertainment purposes.
42. - RESIDENTIAL CONDUMINIUM: A building containing at least five or more apartment units with common areas and facilities, each apartment owner having exclusive ownership and possession of his apartment.
43. - RESTAURANT/OTHER EATERIES: A retail establishment primarily engaged in the sale of prepared food and drinks for consumption on the premises.
44. - SERVICE STATION: A building and its premises where gasoline, oil, grease, batteries, tires and car accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made and no other:
a) Sale and servicing of spark plugs, batteries, and distributor parts;
b) Tire servicing and repair, but not recapping or regrooving;
c) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluids, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel, bearing, mirrors, and the like;
d) Radiator cleansing and flushing;
e) Washing and polishing, and sale of automotive washing and polishing materials;
f) Greasing lubrication;
g) Emergency wiring repairs;
h) Minor servicing of carburators;
i) Adjusting and repairing brakes;
j) Minor motor adjustments not involving removal of the head or crankcase, or raising the motor;
k) Sales of soft drinks, packaged foods, tobacco and similar convenient goods for service station customers as accessory and incidental to the principal operations;
l) Provision of Road Maps and other information materials to customers, provision of rest room facilities. Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating conditions, or other works involving noise, glare, fumes, smoke or other characteristics to any extend greater than normally found in service stations. A service station is not a repair garage nor a body shop.
45. - SHOPPING CENTER: A group of not less than 15 contiguous retail stores, originally planned and developed as a single unit, with immediate adjoining off-street parking facilities.
46. - STORE: A building or structure devoted exclusively to the retail sale of commodity or commodities.
47. - THEATER: A structure used for dramatic, operatic, motion picture and other performances wherein admission to entrance money is received, and no audience participation and meal service care allowed.
48. - TOURIST INN OR PENSION HOUSE: Any building or structure regularly catering to tourist and travelers, containing several independent rooms, providing common facilities such as toilets, bathrooms, living and dining rooms and kitchen, and where combination of board and lodging may be provided.
49. - WAREHOUSE: Any building, the primary purpose of which is the storage of goods, wares, mechandize, utilities and/or another personal belongings.
50. - YARD: An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.
51. - NON-CONFORMING USE: A legal use of a structure or tract of land in existence at the date of adoption of ordinances, which does not conform to the use regulation of the ordinances as amended.
52. - EASEMENT: An encumbrance imposed on an immovable for the benefit of another immovable belonging to a different owner.
ARTICLE - IV
ZONING DISTRICTS
SECTION 1. - DIVISION INTO DISTRICTS. - To effectively carry out the provisions of this Ordinance, the City is hereby divided into the following districts:
R-1 - District for low density residential areas.
R-2 - District for medium density residential areas.
R-3 - District for high density residential areas.
C-1 - District for purely potential commercial uses and facilities.
C-2 - A & B District for commercial and compatible industrial uses.
I-1 - District for non-pollutive and non-hazardous industrial uses.
I-2 - District of pollutive and hazardous industrial uses.
In-1 - District of government buildings and institutions of higher learning.
In-2 - District for special public and private institutions.
Military Zones
Parks, recreational and open spaces
Agricultural and Agro-Industrial Districts
Tourism Zones
Watershed and Water Supply Source
Custom Zone
Fish Landing Area
Electric Power Sub-Station Area
Transport Terminal and Facilities Area
Port and Airport
SECTION 2. - OFFICIAL ZONING MAP. - The designation, location and boundaries of the districts herein established is shown in the Official Zoning Map of the City prepared by the City Planning and Development Staff for the City Planning and Development Board as an integral part thereof.
The Official Zoning Map shall be signed by the City Mayor, attested by the Secretary of the Sangguniang Panlungsod and shall bear the zeal of the City of Pagadian.
In the event that the Official Zoning Map is damaged, destroyed, lost, or becomes difficult to interpret because of the nature or number of changes and additions, the Sangguniang Panlungsod may by resolution adopt a new Official Zoning Map.
Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to the adoption or amendment.
SECTION 3. - DISTRICT BOUNDARIES: The District Boundaries shall be delineated by the following limits, viz:
a) C-2A is bounded by Cabrera Street on the North, Alano Street on the East, Marcelo Dablo Street on the South, Araullo Street on the West, as the district for commercial and compatible industrial uses and shall be constructed as a Fire Zone (200,000 square meters);
Pagadian City Public Market Complex is the area within C-2A bounded by Magsaysay Avenue on the North, Mabini Street on the East, Marcelo Dablo on the South, and Araullo Street on the West, an area of 40,000 square meters.
Pagadian City Cultural and Shopping Center is the area within the C-2A bounded by the National Highway on the North, Bonifacio Street on the East, Jamisola Street on the South and Mabini Street on the West, an area of 10,000 square meters.
b) C-2B is the Western Foreshore Area of about 80,000 square meters bounded clockwise by an alley between La Solidaridad Street and Araullo Street on the East, by the proposed Road designated C-1 in the North, Araullo Street on the East, the proposed Boulevard on the South and the Gatas River on the extreme West to intersect Marcelo Dablo Street on the North, as an extension district for commercial and compatible uses;
c) C-1 is bounded clockwise by V. Sagun Street on the North, along the alley between F. Sabado Street and Roxas Street on the East, along Jose Sanson Street towards the East up to the alley between Roxas Street and B. Sabellano Street down along the same alley until Marcelo Dablo Street on the South, the alley between Zulueta Extension and La Solidaridad Street from South to North except a portion between Cabrera Street and Jamisola Street where it follows along La Solidaridad Street on the West as the district for purely potential and commercial uses and facilities.
d) I-2 Delineation of Barangay Bomba as district for prospective pollutive and hazardous industries.
e) I-1 The area covering Santiago/San Pedro Foreshore, bounded on the Noth by Marcelo Dablo Street, on the East by Bulatoc River, on the South by the Proposed Seaside Boulevard and on the West by Alano Street as the district for non-pollutive and non-hazardous industrial uses.
f) In-2 The outer district limits for special public buildings and private institutions shall be the perimeter of 1,300 meters radius from the Jamisola/Mabini Streets intersection.
g) In-2 The outer district limits for government buildings and institutions of higher learning shall be the perimeter of 1,000 meter radius from the Jamisola/Mabini Streets intersection, and outer limits of C-1 as its inner limits.
h) R-3 The district limits for high density residential areas, clockwise shall be Mercedes Street on the North, the perimeter of an area of 850 meter radius from the Jamisola/Mabinin Streets intersection on the West, the outer limits of C-1 as its inner limits and the perimeter of an area 850 meter radius from the Jamisola/Mabini Streets intersection on the East.
i) R-2 The district limits for medium density residential areas, clockwise, shall be the Proposed Circumferential Road (Cn-2) on the North, the perimeter of an area 1,200 meter radius from the Jamisola/Mabini Streets intersection on the West, the outer limits for R-3 as inner limits and the perimeter of an area 1,200 meter radius from the Jamisola/Mabini Streets intersection on the East, with the exception of the area Sto. Ni�o Village, reserved for NHA Resettlement and Housing Project Site.
j) R-1 The district limits for low density residential areas shall be the Proposed Circumferential Road CR-1 on the North, the Western bank of Bulatoc River on the East, the outer limits of R-2 on the South and the Dumagoc River on the West.
k) Military Zone
Camp Abelon - The district limits of an area 28,552 square meters, clockwise, shall be the outside boundaries of Lot No. 57 on the North, Lot No. 56 on the Northeast, the National Highway on the South and the Southeast, Lot Nos. 2903, 2900 and 2899 on the Southwest and Lot Nos. 2781 and 2780 in the Northwest.
� Brigade Camp Site - The district limits of an area 29.6116 hectares in Barangay Dao, this City, clockwise, shall be the outside boundaries of Lot Nos. 226, 277 on the North, Lot Nos. 227, 228, 224 on the Northeast, Lot No. 24 on the East and Southeast, Lot Nos. 6, 5, and 4 on the South and Southwest, Lot Nos. 241 and 240 on the West and Northwest.
l) Parks, Recreational and Open Spaces
Reclamation Area Recreational Park is bounded clockwise, by the Proposed Marcelo Dablo Street Extension on the North, Balangasan River on the East, Proposed Seaside Boulevard on the South and a parallel lot line 30 meters away from Balangasan River.
San Pedro Recreational Park is approximately an area of 2.00 hectares two (2) lots depth Northeast of Kawit Bridge with Kawit Road on the South and Bulatoc River on the East as boundary limits.
Pagadian City Gardens and Memorial Park is the area of 4.73 hectares with limits bounded by the boundaries of Lot No. 57.
Buenavista Recreational Park - Areas within the perimeter of the school site of Buenavista Elementary School be developed as a recreational park.
m) Agricultural and Agro-Industrial Zone
Planned Area for Agro-Experimental Zone is bounded clockwise by the North Diversion Road on the North and Northeast and by the Circumferential Road CR-1 on the South and Southwest.
Agro-Industrial Zone is bounded clockwise by the limits of two (2) depth from the Pagadian City-Lanao del Sur Highway on the North, Tiguma Creek on the East, the Pagadian City-Lanao del Sur Highway on the South, and the junction of Pagadian City-Lanao del Sur Highway North Diversion Road on the West.
Fishpond Zone is bounded clockwise by the Bulatoc River on the North, Tiguma River on the East, Kawit Road on the South and Bulatoc River on the West.
Rural Agricultural Area - All other areas in the limits of Pagadian City are reserved as Rural Agricultural Area with the exception of those set aside by the Barangay Councils for specific purposes.
n) Tourism Zone - Areas of Dao-Dao Island, White Beach and those proximate to Barangay Lourdes Hot Springs be set aside for tourism development.
o) Watershed and Water Supply Source - Areas within the perimeter of the Dumagoc Spring and the water shed areas of Mt. Palpalan be considered as present and potential water supply sources of the City of Pagadian. Mt. Palpalan is also set aside as the City's PROFEM Priority Area.
p) Custom Zone is bounded by Marcelo Dablo Street on the North, Bonifacio Street Extension on the East, the Proposed Seaside Boulevard on the South and the Baltazar Street Extension on the West.
q) Fish Landing Area is bounded by Marcelo Dablo Street on the North, Baltazar Street Extension on the East, by the Imaginary Extension of the Proposed Seaside Boulevard on the South, and Araullo Street on the East.
r) Electric Power Sub-Station Site is the area occupied presently by ZAMSURECO Sub-Station in Barangay Tiguma.
s) Transport Terminal and Facilities Area
Eastbound Terminal Site is bounded by the boundary limits of Lot No. 200 in Barangay Bulatoc, this City, 200 meters from the National Highway and 100 meters parallel and along it on the North, the National Highway on the South and the line running from South to North, 100 meters from the Eastern Boundary limits of Lot No. 200 on the West.
Westbound Terminal Site is bounded by the National Highway. 100 meters along it, on the North, by a 200 meters lot line perpendicular to it on the East, by a 100 meters lot line parallel to the National Highway on the South and the Western Boundary line of Lot No. 5863 of Balangasan District, Pagadian City
t) Ports and Airport - are areas within the perimeter of the present Port of Pagadian City and the Pagadian City Domestic Airport in Sta. Lucia District and of Barangay Muricay, this City, respectively.
SECTION 4. - INTERPRETATION OF DISTRICT BOUNDARIES. - Where uncertainty exists with respect to the boundaries of any of the aforementioned districts as shown on the Zoning Map, the following rules shall apply:
a) Where district boundaries are so indicated that they approximately follow the center of streets or highways, streetlines, or highway right-of-way lines, such center lines, street lines or highway right-of-way lines shall be construed to be the boundaries;
b) Where district boundaries are as indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries;
c) Where district boundaries are as indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on the Zoning Map;
d) Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located in the middle of the tracks of said railroad lines;
e) Where the boundary of a district 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, if it is located thereat; unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be moving with the actual shorelines; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines;
Boundaries indicated as parallel to, or extension of indicated features not specifically indicated on the Zoning Map shall be determined by the scale of the map;
f) Where boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated upon the Zoning Map using the scale appearing on such maps;
g) Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by a district boundary line, the lot shall be construed to be within the district where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the district where the principal uses fall;
h) Where a district boundary is indicated as one-lot-deep, said depth shall be construed to be the average lot depth of the lots involved within such particular city block.
Where, however, any lot has a depth greater that said average, the remaining portion has an area less than fifty percent of the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent or more of the total area of the lot, then the average lot depth shall apply to the lot which shall become a lot divided and covered by two (2) or more different zoning districts, as the case may be;
i) Where zoning district boundary line is indicated in the Zoning Map, one block deep or a fraction thereof, such boundary line shall be scaled or determined by the Zoning Administrator.
ARTICLE - V
DISTRICT REGULATIONS
GENERAL PROVISIONS:
Notwithstanding the listing of allowable uses enumerated herein per district, the Zoning Administrator may allow similar compatible land use using as bases the physical and performance standards prescribed for that district.
SECTION 1. - USE REGULATION IN R-1 DISTRICT: - This district shall be for exclusively residential purposes to maintain the peace and quiet of the area. The following shall be the allowable uses, subject to all the conditions herein enumerated:
1. One detached family dwelling
2. One semi-detached family dwelling
3. Two detached family dwelling
4. Two semi-detached family dwelling
5. Customary accessory uses like;
a) Servant's quarters
b) Private garage
c) Guard house
d) Private pet houses
6. Home occupation like the practice of one's profession, dressmaking, tailoring, baking, sari-sari store and the like, provided that:
a) No person other than members of the family residing within the premises shall be engaged in such home occupation;
b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants, and not more than twenty-five (25%) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
c) As such as possible there shall be no change in the outside appearance of the building;
d) No home occupation shall be conducted in any accessory building;
e) 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;
f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interferences detectable to the normal senses of the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in a place other than a single-family residence. In the case of electrical interferences, no equipment or process shall be used which creates visual or audible interferences in any radio or television receivers off the premises, or causes fluctuation in line voltage of the premises.
7. Recreational facilities for the exclusive use of the members of the family residing within the premises, like:
a) Swimming pool
b) Mini-golf course
c) Pelota court
SECTION 2. - USE REGULATION IN R-2 DISTRICT. - This district shall be for medium density residential area and other compatible uses as follows:
1) All Uses allowed in R-1 District
2) Multi-family dwellings with not more than five (5) families residing
3) Apartments of not more than five (5) doors
4) Boarding houses with not more than five (5) boarders
5) Elementary schools
6) Branch libraries and museums
7) Chapels, churches and other places of worship
8) Small clinics, hospitals, nursing and convalescing homes with not more than five (5) bed capacity
9) Drugstore
10) Filling Stations
11) Service Stations
12) Home occupation as provided for in R-1 District except that not more than two (2) outside or hired helpers, assistants, or employees may be employed.
13) Parks and playgrounds for the community
14) Back gardens and raising of pigs, poultry and other animals and fowls provided:
a) They are for family consumption
b) No undue noises shall be created
c) No foul smell shall be omitted
d) Other sanitary requirements enforced in the City must be complied with.
SECTION 3. - USE REGULATION IN R-3 DISTRICT. - This district shall be for high density residential area and other compatible uses as follows:
1) All uses allowed in R-1 and R-2 Districts
2) Multi-family dwellings
3) Residential condominiums
4) Hotels
5) Motels
6) Pension house
7) Hometels
8) Hotel apartments or apartels
9) Apartments
10) Boarding house
11) Dormitory
12) High school and vocational school
13) Branch libraries and museums
14) Clinics, hospitals, nursing or convalescing homes with not more than fifty (50) bed capacity
15) Drugstore
16) Home occupation as provided for in R-1 District except that not more than five (5) outside or hired helpers, assistant employees may be employed.
17) Club houses and lodges
18) Backyard raising of animals and fowls as provided for in R-2 District
19) Parks and playgrounds
20) Parking lots
21) Parking buildings
22) Filling stations
23) Service stations
SECTION 4. - USE REGULATION IN C-1 DISTRICT. - This district shall be for prospective facilities and potential commercial uses as follows:
1) Offices like:
a) Office building or office condominiums
2) Stores and shops like:
a) Department stores
b) Bookstores and office supply shops
c) Home appliances stores
d) Car shops
e) Photo shops
f) Shopping centers
3) Food market and shops like:
a) Markets
b) Bakeries and bake shops
c) Wine stores
d) Groceries
e) Supermarkets
4) Recreational center like:
a) Movie houses
b) Pelota courts
c) Swimming pools
d) Day and night clubs
5) Personal service shops like:
a) Beauty parlor
b) Barber shops
c) Sauna bath and massage clinic
d) Dressing and tailoring shops
6) Restaurant and other eateries
7) Short term special education like:
a) Dancing schools
b) Driving schools
c) Schools for self-defense
d) Speech clinics
8) Store rooms and warehouses, but only as may be necessary for the efficient conduct of the business.
SECTION 5. - USE REGULATION IN C-2 DISTRICT. - This district shall be for commercial and compatible industrial uses as follows:
1) All uses allowed in C-1 District
2) Repair shops like:
a) Home appliances repair shop
b) Motor vehicles and accessory repair shop
c) Home furnishing repair shop
3) Funeral homes
4) Flower shops
5) Embalming establishments
6) Cottage industries
7) Manufacturing industries certified as non-pollutive and non-hazardous by the Human Settlements Commission
8) Stockyard and slaughterhouses
9) Cold storage and warehouses
10) Bar barns
SECTION 6. - USE REGULATION IN I-1 DISTRICT. - This district shall be mainly for manufacturing industries classified as non-pollutive and non-hazardous (NP/NH), non-pollutive and hazardous (NP/H), and non-pollutive and extremely hazardous (NP/EH) by the Human Settlement Commission as follows:
1) Non-pollutive and non-hazardous (NP/NH) like:
a) Manufacturing of bakery products
b) Custom tailoring and dressmaking shops
c) Commercial and job printing
d) Manufacture of musical instrument
2) Non-pollutive and hazardous (NP/H) like:
a) Garment factories
b) Manufacture of pulp stationery envelopes and related articles
c) Manufacture of wooden shoes, shoe lace and similar products
d) Manufacture of bamboo, rattan and other cane baskets and wares
3) Non-pollutive and extremely hazardous (NP/EH) like manufacture of compressed and liquefied gases.
4) Cottage Industries
SECTION 7. - USE REGULATION IN I-2 DISTRICT. - This district shall be mainly for the manufacturing industries classified as pollutive and non-hazardous (P/NH), pollutive and hazardous (P/H), pollutive and extreme hazardous (P/EH), highly pollutive and non-hazardous (HP/NH), highly pollutive and hazardous (NP/H), and highly pollutive and extremely hazardous (HP/EH) by the Human Settlement Commission as follows:
1) Pollutive and non-hazardous (P/NH) like:
a) Chocolate and cocoa factory
b) Manufacture of furniture and fixture primarily of metal
c) Manufacture of electrical appliances and hardwares
2) Pollutive and hazardous (P/H) like:
a) Knitting mills
b) Saw mills, planning and other wood mills
c) Manufacture of containers and boxes of paper and paperboard
3) Pollutive and extremely hazardous (P/EH) like:
a) Manufacture of paints, varnishes, lacquers, paint removers
b) Manufacture of explosives and fireworks
c) Manufacture of tires and inner tubes
d) Manufacture of processed natural rubber not in rubber plantation
4) Highly pollutive and non-hazardous (HP/NH) like:
a) Ice cream factory
b) Preserving and canning of fruits and vegetables
c) Manufacture of desiccated coconut
5) Highly pollutive and hazardous (HP/H) like:
a) Sugar factories and refineries
b) Distilled, rectified and blended liquors
c) Tanneries and leather finishing plants
d) Manufacture of soap and cleaning preparations
6) Highly pollutive and extremely hazardous (HP/EH) like:
a) Petroleum refineries
b) Manufacture of fertilizers and pesticides
c) Manufacture of synthetic resins, plastic materials, and man-made fibers except glass
d) Manufacture of industrial chemicals
SECTION 8. - USE REGULATION IN IN-1 DISTRICT. - This district shall be for government buildings and institutions of higher learning like:
1. Government offices like:
a) City Hall
b) Police Department
c) Fire Department
d) Health and Puericulture Centers
e) Main Libraries and Museums
f) Telephone Exchanges
g) Electric Sub-Station and Generating Stations
2. Colleges
3. Universities
4. Seminaries
5. Nunneries
SECTION 9. - USE REGULATION IN IN-2 DISTRICT. - This district shall be for special public and private institutions like:
1. City Hospitals
2. Big Private Hospitals
3. Special Hospitals like:
a) Hospitals for insanes
b) Hospitals for the heart patients
c) Hospitals for lepers
4. Orphanages
5. Home for the aged and other welfare homes
6. Rehabilitation centers like:
a) Rehabilitation center for unwed mothers
b) Rehabilitation center for drug addicts
c) Rehabilitation center for alcoholics
SECTION 10. - USE REGULATION IN MILITARY ZONES. - This district shall be for the exclusive use of the Armed Forces of the Philippines for military purposes and its compatible uses.
SECTION 11. - USE REGULATION FOR PARKS AND OPEN SPACES DISTRICT. - This district shall be mainly for parks and open spaces to provide ecological balance within the community and at the same time provide inexpensive recreation places for the inhabitants. The following shall be the allowable uses:
1. Parks and Playgrounds
2. Zoo
3. Botanical Gardens
4. City Plaza
5. Memorial Parks
6. Other similar uses
SECTION 12. - USE REGULATION FOR AGRICULTURAL AND AGRO-INDUSTRIAL DISTRICTS. - This district shall be for the commercial production of farm products like:
1. Rice and corn
2. Mango, coconut, coffee and other fruits
3. Vegetables
4. Poultry, piggery and the raising of other animals and fowls
5. Copra making
6. Fishpond
7. Saltbeds
SECTION 13. - USE REGULATION FOR TOURISM ZONES. - This district shall be mainly for beaches, resorts, tourist spots and other tourism development projects.
SECTION 14. - WATERSHED AND WATER SUPPLY SOURCE. - This district shall be mainly for the purpose of watershed development and as present and future water supply source of the City of Pagadian.
SECTION 15. - CUSTOM ZONE. - this district shall be mainly for the purpose of the establishment and the pursuance of activities compatible with the observance of custom rules and regulations.
SECTION 16. - FISH LANDING AREA. - This area is mainly for the purpose of serving as the disembarkation point and trading zone for aquatic and marine products.
SECTION 17. - ELECTRIC POWER SUBSTATION SITE. - This area is mainly for the purpose and use as Electric Power Substation Site of ZAMSURECO, the Electric Power Cooperative and distributor for Pagadian City.
SECTION 18. - TRANSPORT TERMINAL AND FACILITIES AREA. - This area is mainly for the purpose of serving as transport terminal for eastbound and westbound public utilities, for loading and unloading passenger and freight, as well as for establishments of facilities of commercial and service activities compatible with the actual use of the area.
SECTION 19. - PORTS AND AIRPORTS. - This area is mainly for the purpose of being utilized as berthing and disembarkation points for coastwise vessels and domestic airlines, private and commercial, for loading and unloading of passengers and cargoes. Likewise, commercial and service-oriented activities compatible to the use of the premises are allowable.s
SECTION 20. - NUISANCE AND POLLUTION. - For all allowed uses in the Districts, effective measure against pollution of the air and all waterways must be undertaken and the necessary safeguards must be instituted to prevent from becoming a nuisance.
ARTICLE - VI
SUPPLEMENTARY REGULATIONS
SECTION 1. - APPLICATION OF DISTRICT REGULATIONS. - The regulation set by this Ordinance within each District unless otherwise provided shall apply uniformly to each class or kind of structure of land as follows:
a. No building, structure or land shall hereafter be used, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved or structurally altered except in conformity with all the regulations herein specified for the district to which it is located;
b. No building or other structure shall hereafter be erected or altered:
1. To exceed the prescribed height or bulk;
2. To accommodate or house a greater number of families;
3. To occupy a greater percentage of lot area;
4. To have narrower or smaller yard requirement or in any other manner contrary to the provisions of this Ordinance.
c. No part of a yard, off-street parking, loading spaces, or other open spaces required of any building, shall for the purpose of complying with this Ordinance, be included as part of a yard, open space, off-street parking, loading space similarly required for any other building;
d. No lot or yard existing at the time of the passage of this Ordinance shall be reduced in dimension of area below the minimum requirements set forth herein.
SECTION 2. - SPECIAL PERMIT USES. - The following shall require a special permit from the Zoning Administrator in accordance with the criteria below prescribed:
1. Dumping Sites -
a. Adequate fencing shall be put up to prevent undue scattering of wastes;
b. Poisoning of rats and spraying of flies and the general maintenance of the dumping site shall be the sole responsibility of the applicant;
c. The dumping site shall not be located outside of the applicant's premises if private, and shall be located within a reasonable distance from residential areas, if public;
d. Other sanitary requirements of the City shall be complied with.
2. Incinerator Plants -
a. They shall not as far as practicable be located within residential zones.
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.
c. Their sound maintenance shall be the sole responsibility of the applicant and/or the persons running them.
3. Cemeteries -
a. They shall be located outside of, or within reasonable distance from the residential zones.
b. Their sound maintenance shall be the exclusive duty of the applicant or persons running them.
4. Radio Transmitting Stations -
a. They shall be located within commercial areas/zones.
b. Their sound maintenance shall be the exclusive duty of the applicant or persons running them.
c. Where public welfare demands, however, they may not be denied location in some residential zones provided the preceding condition is complied with.
5. Private Landing Strip, Runways, Heliports and Helipads -
a. They shall not be located within residential zones.
b. They must be at least 200 - 300 feet from the nearest residential zone 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, and a notice shall be posted or published in at least one of the daily newspaper to determine public opposition to the proposed landing site.
d. Sworn statements of the owners of the adjoining lands signifying their conformity or non-conformity to the proposed landing site shall be obtained by the applicant at least 30 days before the intended date of operation.
6. Filling Stations -
a. They shall be located within reasonable distance from schools, churches, and other similar buildings.
b. They shall not constitute safety hazards in a community developed entirely into residential purposes.
7. Open Storage -
a. They shall be located within reasonable distance from schools, churches, hospitals and other similar buildings, preferably 200 - 300 feet away or more.
b. Their sound maintenance shall be the sole responsibility of the applicant.
SECTION 3. - TRAFFIC BENEFACTORS. - All traffic generating buildings and structure allowed in any of the District must provide the adequate parking for their employees, clients and visitors.
SECTION 4. - POLLUTION CONTROL. - For effective pollution control, all manufacturing industries must apply for locational clearance from the Human Settlement Commission.
SECTION 5. - ADVERTISING AND BUSINESS SIGNS. - Advertising and business signs to be displayed or put up for public view in any of the District herein enumerated must comply with the rules and regulations on the sector.
SECTION 6. - EXISTING NON-CONFORMING USES AND BUILDINGS. - The lawful use of any building, structures or land at the time of the adoption of this Ordinance may be continued, although such use does not conform with the provisions of this Ordinance, provided:
1. 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, or moved in whole or in part, to any 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 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.
3. That any non-conforming structure, or one or more of a group of non-conforming structure related to one use and under one ownership, which have been damaged by fire, flood, explosion, earthquake, war, riot or other such force majeure may be reconstructed and used as before provided that such reconstruction is not more than fifty (50%) percent of the assessed value of the structure or structures.
4. That the total structural repair or alteration that may be made in a non-conforming structure shall not, during its remaining lifetime, that is, subsequent to the adoption of this Ordinance exceed twenty-five (25%) percent of its assessed value.
5. That such non-conforming use may be enlarged or extended only if the entire building is thereafter devoted to conforming use.
6. That such non-conforming use shall not be changed to another non-conforming use.
7. That such non-conforming use may not be extended, enlarged, increased or moved to displace any conforming use.
8. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.
9. Should such non-conforming structure or non-conforming portion of structure be destroyed by any means to an extent of more than fifty (50%) percent of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provision of this Ordinance.
10. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulation for the District to which it is located after it is moved.
SECTION 7. - VISIBILITY AT INTERACTION RESIDENTIAL DISTRICT. - On a corner lot in any residential district, nothing shall be erected, placed or planted or allowed to grow in such a manner as materially to impede vision between a height to two and a half feet (2 � ft.) above the center line grade of intersection streets in the area bounded by the street lines of such corner lots and a line adjoining points of said street lines fifty feet (50 ft.) from the point of intersection.
SECTION 8. - BUILDING PERMITS ISSUED PRIOR TO THE APPROVAL OF THIS ORDINANCE. - Nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit has been duly granted prior to the adoption of this Ordinance, provided the construction of such building, structure or part thereof shall have been started within six (6) months from the date of the issuance of the permit. If the construction is started after the six (6) month period, no construction shall be allowed unless a new building permit for the construction of the building in accordance with this Ordinance shall have been issued.
SECTION 9. - EASEMENTS, STREETS AND OTHER PUBLIC LANDS NOT INCLUDED IN ANY DISTRICT. - Should land, or any portion thereof revert to private ownership or the said street or public land does not appear on the Zoning Mao as included in any district, the regulations 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.
SECTION 10. - DWELLING ON REAR LOTS. - 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 (4) meters leading to a street and there shall not be more than one building for such easement. Two or more buildings, however, may be allowed on a corner path if the right-of-way easement is at least six (6) meters wide.
SECTION 11. - ACCESSORY BUILDING. - No accessory building shall be erected in any required yard and no separate accessory building shall be erected within five (5) feet of any other building.
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 yard and other requirements of this Ordinance shall be met for each structure as though it were erected on an individual lot.
SECTION 13. - STRUCTURE TO HAVE ACCESS. - Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and shall have the required off-street parking.
SECTION 14. - YARD REQUIREMENTS ALONG A DISTRICT BOUNDARY LINE. - Lots abutting on a district boundary line shall conform to the yard requirements of the more restrictive district bounded by the lines.
SECTION 15. - DWELLING GROUP. - 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, a permit for the construction of such compound may be issued, provided that the plan thereof conforms to the following conditions:
1. That the buildings are to be used only for residential purposes and such accessory uses are permitted in the district where the compound is located.
2. That the average lot area per family or dwelling unit, in the compound, exclusive of the area used, or to be used for streets or driveways, is not less than the lot area per family required in the district.
3. That there is provided, within the tract on which the residential compound is to be located, on 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, but in no case less than one hundred square meters (100 square meters) provided that where the residential compound is intended for less than ten (10) families, the setting aside of such area for playground purposes may be dispensed with, and provided, further, that when an open space for playground purposes, is set aside, this open space may be used as part of the yard requirements for the compound.
4. That there is provided, within the tract on which the residential compound is to be erected or immediately adjacent thereto, an adequate private garage or off-street parking area, depending on the needs of the residents and their visitors.
SECTION 16. - CERTIFICATION OF NON-CONFORMANCE. - A certificate of non-conformance 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, otherwise the non-conforming use may be condemned and removed at the owner's expense.
ARTICLE - VII
PHYSICAL STANDARDS REGULATIONS
SECTION 1. - HEIGHT REGULATIONS. - The height regulations set by this Ordinance within each District shall be the following, to wit:
(1-a) - R-1 District (low density residential areas). - No building or structure for human occupancy whether public or private, shall exceed nine and one-half (9.50) meters in height and shall not contain more than two (2) storeys. There shall be no limitations for other structures, such as church spires, belfries, cupolas, chimneys, water tank, bulkheads and the likes;
(1-b) - R-2 District (medium density residential areas). - No building or structure intended for human occupancy, whether public or private, shall exceed thirteen and one-half (13.50) meters in height and shall not contain more than three (3) storeys;
(1-c) - R-3 District (high density residential areas). - No building or structure intended for human occupancy, whether public or private, except public housing and similar buildings or structures, shall exceed fifteen (15) meters in height and shall not contain more than four storeys; however, no building shall be built to a height exceeding one and one-half (1 �) times the width of the street upon which the building abuts. Buildings 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/or line one meter for each six (6 m.) meters or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for a distance of forty meters (40 m.) along the narrower intersecting street;
(1-d) - C-2; C-1 District (Commercial and Compatible Industrial Uses). - 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. A building may exceed that 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 (6) meters or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for a distance of forty meters along the narrower intersecting street;
(1-e) - I-1 District (Non-Pollutive Industrial Uses). - 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. A building may exceed the above height provided that the portion of the building higher that 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 (6 m.) or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitation for the sides street shall govern for a distance of forty (40 m.) meters along the narrower intersecting street;
In areas that may be declared by the CAA as along their traffic routes, the building height shall be governed by CAA Regulations;
(1-f) - I-2 District (Pollutive Industrial Uses). - 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. Buildings 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 (6 m.) more or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for a distance of forty meters (40 m.) along the narrower intersecting street. Height limitations of building on certain zoned areas such as airplane flight paths, areas of historical significance shall be imposed. These shall be based on set standards.
SECTION 2. - EXCEPTION TO HEIGHT REGULATION. - The height limitations in Residential and Business Districts provided in these regulations shall apply to churches, schools, hospitals, sanitariums, and other public or semi-public building, subject however, to the provision of Section (6-c). Neither shall the height limitations apply to church spires, belfries, cupolas, and domes not intended for human occupancy; not to monuments, water towers, transmission towers, chimneys, radio towers, masts, aerial towers, and other mechanical appurtenances.
SECTION 3. - AREA REGULATIONS. - The area regulations set by this Ordinance within each district shall be the following, to wit:
a. R-1 DISTRICT. - The lot area shall not be less than two hundred (200) square meters for a single-family dwelling; three hundred (300) square meters for a two-family dwelling, with a lot width of not less than sixteen meters. The principal building and the accessory building shall not cover more than 70% of the total area of the lot;
b. R-2 DISTRICT. - The lot area shall not be less than one hundred eighty (180) square meters for a single-family dwelling; two hundred forty (240) square meters for a two-family dwelling, with a lot width of not less than ten to twelve (10-12 m.) meters. The principal building and the accessory building, shall not be less than one hundred (100) square meters for a single-family dwelling; one hundred sixty (160) square meters for two-family dwelling, with a lot width of not less than eight (8 m.) meters. All other dwelling types shall be provided with not less than twenty four (24) square meters of lot area per family.
All buildings, including accessory buildings shall cover not more than sixty (60%) percent of the total area of the lot;
c. R-3 DISTRICT. - The lot area shall be less than one hundred (100) square meters for a single-family dwelling; one hundred sixty (160) square meters for a two-family dwelling with a lot width of not less than ten to twelve (10-12) meters. The principal building and the accessory buildings, shall not be less than one hundred (100) square meters for a single-family dwelling; one hundred sixty (160) square meters for two-family dwelling, with a lot width of not less than eight meters. All other dwelling types shall be provided with not less than twenty four square meters of lot area per family.
All buildings, including accessory buildings, shall cover not more than sixty (60%) percent of the total area of the lot;
d. In Residential Districts, every building hereafter erected shall comply with the following regulations:
(d-1) YARDS. It shall be provided with:
a) A front yard with a depth of not less than three (3 m.) meters;
b) Side yards, one on each side of the building, which shall have a combined width of not less than twenty (20%) percent of the width of the lot, although it need not exceed eight (8 m.) meters, and provided, that in no case shall side yards be less than two (2 m.) meters, and
c) A rear yard which shall have a depth of not less than ten (10%) percent of the depth of the lot, provided than such rear yard shall not be less than three (3 m.) meters, although it need not exceed eight (8 m.) meters.
(d-2) LOT AREA PER FAMILY. - It shall provide a lot area of not less than ninety (90) square meters for each family. The principal building shall not cover more than fifty (50%) percent of the area of the lot.
e. C-1 DISTRICT. - When a building is designed or intended to be used or is used for purely residential purposes, it shall have a lot area of not less than one hundred (100) square meters for a single-family dwelling and not less than one hundred sixty (160) square meters for two-family dwelling. Business buildings in corner lots shall cover not more than ninety (90%) percent of the total area of the lot and not more than eighty-five (85%) percent if they are on inner lots.
f. C-2 DISTRICTS. - When a building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than one hundred (100) square meters for a single-family dwelling and not less than one hundred sixty (160) square meters for a two-family dwelling. Business buildings on corner lots shall cover not more than ninety (90%) percent of the total area of the lot and not more than eighty-five (85%) percent if they are on inner lots.
g. In Business Districts, every building hereafter erected shall comply with the following regulations:
(g-1) YARDS. No front yard or side yard is required, but it shall have a rear yard of not less than ten (10%) percent of the average depth of the lot, and in no case be less than three (3 m.) meters, although it need not exceed eight (8 m.) meters, provided, however, that in the case of the corner or through lots, an equivalent area of open space which shall abut any lot line may be substituted in lieu of the required yard, and provided, further, that the least dimension of the open space shall be at least equal to the depth of the required yard;
(g-2) RESIDENTIAL BUILDINGS IN BUSINESS DISTRICTS. When a building in the business district is designed or intended to be used, or is used for purely residential purposes, the regulation in residential districts as to area per family, the percentage of the buildable area of the lot, front yard, side yards, and rear yards shall be complied with.
h. I-1 DISTRICTS. - When the building is designed or intended to be used for purely residential purposes, it shall provide a lot area of not less than 100 square meters for a single-family dwelling and not less than 160 square meters for a two-family dwelling. Business buildings in corner lots shall cover not more than ninety percent (90%) of the total area and not more than eighty-five percent (85%) if they are on inner lots.
All buildings including accessory buildings shall cover not more than eighty percent (80%) of the entire area of the lot.
i. I-2 DISTRICTS. - When the building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than 160 square meters for a two-family and not less than 100 square meters for a single-family. Business buildings in corner lot shall cover not more than ninety percent (90%) of the total area of the lot, and not more than eighty-five percent (85%) if they are on inner lots.
All buildings, including accessory buildings, shall cover not more than seventy percent (70%) of the total area of the lot.
j. In Industrial-1 Districts, every building hereafter erected shall comply with the following regulations:
(j-1) YARDS. - No front yard or side yard is required, but it shall have a rear yard of not less than ten (10%) percent of the average depth of the lot, and in no case less than three (3 m.) meters, although it need not exceed eight (8 m.) meters.
(j-2) Residential Buildings in Industrial Districts. - When a building in Industrial District is designed or intended to be used, or is used for purely residential purposes, the regulations in Residential Districts as to area per family, the percentage of the buildable area of the lot, front yard, side yards, and rear yards, shall be complied with.
k. In Industrial-2 Districts, every building hereafter erected shall comply with the following regulations:
(k-1) YARDS. - No front yard or side is required, but it shall have a rear yard or not less than ten (10%) percent of the average depth of the lot, and in no case less than three (3 m.) meters, although it need not exceed eight (8 m.) meters.
(k-2) Residential Buildings in Industrial-2 Districts. - When a building in Industrial-2 District is designed or intended to be used for purely residential purposes, the regulations in Residential districts as to area per family, the percentage of the buildable area of the lot, front yard, side yards, and rear yard, shall be complied with.
SECTION 4. - EXCEPTION TO AREA REGULATIONS. - A single-family dwelling may be constructed on any lot, however small, existing and of record at the time of the approval of these regulations, provided the yard and other requirements of these regulations, subject to the exceptions provided for in Section 6 hereof, are complied with.
SECTION 5. - EXCEPTION TO YARD REGULATION. - Every part of a required yard shall be open from its lowest point to the sky and shall not be obstructed except;
a) For the ordinary projections of sills, belt courses, cornices, coves, fire escapes, and other such architectural features provided that none of the above-mentioned structures shall project more than one meter and twenty centimeters at any point into the minimum yard.
b) For uncovered porch, terraces, steps of stairs, provided that none of these structures shall project without one (1) meter of the lot line.
SECTION 6. - MODIFICATIONS. - In case of the substandard lots, the following yard requirements shall be as follows:
(6-a) For every one (1) meter, or fraction thereof, by which a lot that is existing and of record at the time of the approval of these Regulations, is narrower that twelve (12) meters in width, twenty (20) centimeters may be deducted from the required minimum width of any side yard, as follows:
Width of Lot Side Yard Required
From 11.00 m. to 11.99 m. 1.80 meters
From 10.00 m. to 10.99 m. 1.60 meters
From 9.00 m. to 9.99 m. 1.40 meters
From 8.00 m. to 8.99 m. 1.20 meters
From 5.01 m. to 7.99 m. 1.00 meter
This reduction may be provided that no side yard shall be narrower than one (1) meter; provided, that where the width of a lot is below twelve (12) meters, one side yard may be made narrower and the two (2) side yards are not less than the sum of the width of the required side yards and the narrower side yard is not less than one (1) meter in width; and provided, further, that this exception to side yard regulations shall apply to yards of buildings of not more than two (2) storey.
(6-b) For every one (1) meter, or fraction thereof, for which a lot that is existing and of record at the time of the adoption of these Regulations is narrower than fourteen (14) meters in depth, twenty-five (25) centimeters may be deducted from the required minimum depth of the rear yards as follows:
Depth of Lot Back Yard Required
From 13 m. to 13.99 m. 2.75 m.
From 12 m. to 12.99 m. 2.50 m.
From 11 m. to 11.99 m. 2.25 m.
From 10 m. to 10.99 m. 2.00 m.
From 9 m. to 9.99 m. 1.75 m.
From 8 m. to 8.99 m. 1.50 m.
This reduction may be made, provided that in no case shall the rear yard be less than one and one-half (1 �) meters in depth. Nothing in this Section shall be interpreted as to reduce the buildable widths of the main building on any substandard lot of record and of separate ownership at the time of the approval of these Regulations to less than five (5) meters, or the buildable depth of the building of less than eight (8) meters.
(6-c) New buildings to be constructed which are designed and intended for churches, schools, public or private, hospitals, sanitariums or the like, shall provide a minimum front yard of six (6) meters in depth. For every storey above the second storey there shall be a corresponding increase of one (1) meter in width of every side yard and one and one-half (1 �) meters in the depth of the rear yard.
ARTICLE - VIII
PERFORMANCE STANDARDS
SECTION 1. - DEFINITION. - This Ordinance shall control noise, odor, smoke, toxic or noxious matter, vibration, fire, explosive hazards and glare or heat generated by or inherent in uses of land or buildings.
SECTION 2. - NOISE AND VIBRATION. - All noise and vibration producing machinery shall be enclosed by a building and shall be provided with effective noise-absorbing materials, noise silencers and mufflers, an open yard for a distance of not less than twenty (20) meters from the street or adjoining property lines planted to dense trees as buffers. To minimize vibrations, a machinery should be mounted on shock-absorbing mountings, such as cork on reinforced concrete foundations or a floating isolated foundation set on piles, as needed by the machinery concerned to reduce all noise and vibration to a reasonable minimum. Noise which is objectionable due to intermittence, heat frequency or high pitch should not be allowed unless enclosed in a sound-proof building as tested and approved by the City Officials concerned.
SECTION 3. - SMOKE. - Any smoke emitted from any source for a period aggregating seven (7) minutes in any thirty minutes particularly in starting a new fire, shall have a density not greater than No. 2 of Ringlemann Chart.
SECTION 4. - DUST, AND FLY ASH. - The emission of dust, dirt, or fly ash from any sources or activity which shall pollute the air and render it unclean, destructive, unhealthful or hazardous, or cause visibility to be impaired, shall not be permitted. In no case whatsoever shall dust, dirt, or fly ash be allowed to exceed 0.68 grams per cubic meter of flue gas at stack temperature of 60 centigrade nor to create a haze with opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart.
SECTION 5. - ODORS AND GASES. - The emission of foul odors and gases deleterious to public health, safety and general welfare shall not be permitted. Buildings and activity emitting foul odors and obnoxious gases shall be enclosed by air tight building provided with air-conditioning system, filters, deodorizing and other air cleaning equipment.
SECTION 6. - GLARE AND HEAT. - Glare and heat from any operation or activity shall not be allowed to be radiated, seen or felt from any point beyond the limits of the property.
SECTION 7. - INDUSTRIAL WASTE. - Industrial wastes shall be disposed of in a manner which will not create any nuisance or danger to adjoining properties or to the community in general.
SECTION 8. - SEWAGE DISPOSAL. - No sewage 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 sewage shall comply with pertinent requirements of the National Pollution Control Commission (NPCC).
Acidity or alkalinity shall be neutralized to a PH of between 6.5 and 8.5 as a daily average on a volumetric basis with a temporary variations of 5.0 to PH 10.0.
Waste water shall not contain substances at levels considered toxic to whatever organisms are considered benefited by the receiving waters which may be man, fishes or other organisms.
Waste water shall not contain oil and grease in excess of 300 PFM or exceed a daily average of 10 PPM.
ARTICLE - IX
ENFORCEMENT AND ADMINISTRATION
SECTION 1. - ENFORCEMENT. - Pending the appointment of the Zoning Administrator by the City Mayor, the City Administrator/Planning Director, Office of the City Planning and Development Staff, this City, shall assume the powers and duties of the Zoning Administrator.
SECTION 2. - POWERS AND DUTIES. - The Zoning Administrator shall administer and enforce the provisions of this Ordinance specifically:
1. To grant or deny, with or without conditions, applications for the granting of exceptions in accordance with the following criteria:
a) That the exception is essential to maintain the functional design and architectural integrity of the development;
b) That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district;
c) That the exception will not alter the essential character of the district where the property for which exception is sought, is located;
d) That the exception will not weaken the general purpose of the regulation herein established for the specific district;
e) That the exception will be in harmony with the spirit and purpose of the Ordinance;
f) That the exception will not adversely affect the public health, safety and welfare.
2. To grant or deny, with or without exceptions, applications for the granting of a variance in accordance with the following criteria:
a) That the property is unique and different from other property nearby;
b) That because of the uniqueness, the owners cannot obtain a reasonable return on the property;
c) That the hardship is not self-created;
d) That the proposed variance is the minimum variance necessary to permit a reasonable return on the property;
e) That the variance will not substantially or permanently injure the appropriate use of the adjacent conforming property in the same district;
f) That the variance will not alter the essential character of the district where the property, for which variance is sought, is located;
g) That the variance will not weaken the general purpose of the Ordinance or the regulation herein established for the specific district;
h) That the variance will be in harmony with the spirit of this Ordinance;
i) That the variance will not adversely affect the public health, safety or welfare.
3. To issue a certificate of zoning compliance as herein provided.
4. To serve notice requiring the removal of any use in violation of this Ordinance upon the owner, agent, or tenant of the building or land, or upon the architect, contractor or other persons who commit or assist in any such violations.
5. To call upon the City Fiscal to institute any necessary legal proceeding to enforce the provision of this Ordinance. The City Fiscal is hereby authorized to institute the appropriate action to this end.
6. To call upon the Police Station Commander and his authorized agents to assist in the enforcement of this Ordinance.
7. To report to the City Planning and Development Board and the Sangguniang Panlungsod 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 administration and enforcement of this Ordinance, making the necessary recommendation thereafter.
8. Take any other action authorized by the Ordinance to ensure compliance with or prevent violation of the provisions.
SECTION 3. - CERTIFICATE OF ZONING COMPLIANCE. - No building permit shall be issued unless a Certificate of Zoning Compliance has been obtained from the Zoning Administrator. Such certificate shall show among other things that the building or part thereof and the proposed use of the same is in conformity with the provisions of this Ordinance. 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 party.
SECTION 4. - EXPIRATION OF BUILDING PERMIT. - If the work described in any building permit has not begun within ninety (90) days from the date of the issuance thereof, said permit shall be cancelled by the Zoning Administrator and a written notice shall be given to the persons affected.
If the work described in a building permit has not been substantially completed within two (2) years from the date of the issuance, said permit shall be cancelled by the Zoning Administrator and a written notice thereof shall be given to the persons affected, together with a notice that further work as described in the cancelled permit shall not continue unless and until a new building permit has been obtained.
SECTION 5. - ZONING BOARD OF APPEALS. - An administrative board known as the Zoning Board of Appeals is hereby created, which shall consist of five (5) members to be appointed by the City Mayor with the concurrence of the Sangguniang Panlungsod, each for a term of three (3) years. Members of the Board may be removed from office for just cause after written charges had been filed and public hearing held for the purpose. Vacancies shall be filled only for the unexpired terms of the members affected. The concurring vote of four (4) members shall be necessary to reverse any order, decision or determination of the Zoning Administrator.
SECTION 6. - PROCEDURES IN THE ZONING BOARD OF APPEALS. - The Board shall adopt rules necessary for the conduct of its affairs. Meeting shall be held at the call of the Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. 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 shall keep a record of the official actions, all of which shall constitute a public record.
SECTION 7. - Any person aggrieved by the decision of the Zoning Administrator regarding the interpretation, administration or enforcement of this Ordinance may appeal to the Board of Zoning Appeals. Such appeal shall be taken within a reasonable time but not exceeding sixty (60) days from the receipt of the notice of the decision of or action taken by the Zoning Administrator, by filing with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix the time and place for the hearing of the appeal, give the notice to the parties and decide the same within a reasonable time.
SECTION 8. - The Zoning Board of Appeals shall have powers to:
a. Hear and decide appealed cases where it is alleged that there is substantial error in any decisions, order or determination made by the Zoning Administrator in the enforcement of this Ordinance.
b. Grant variances and exceptions as provided for in this Ordinance.
SECTION 9. - PROCEDURE. - The procedure for the granting of an exception and variances are 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 ground therefor;
b. The Zoning Administrator shall fix the time and place for the hearing;
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 hearing. Notice of such hearing shall be posted on the property for which the exception is sought, at the City Hall, and in one other public place at least fifteen (15) days prior to the said public hearing;
d. At the public hearing, any party may appear in person, or by an agent or attorney.
SECTION 10. - LIMITATIONS OF THE POWER AND AUTHORITY OF THE BOARD. - The Zoning Board of Appeals is a quasi-judicial body. As such, it shall have no power and authority to amend, alter, repeal or legislate a zoning ordinance. The territorial jurisdiction of the Board shall be limited to the City from which it derives it authority.
SECTION 11. - VIOLATION AND PENALTY. - Any person who violates any of the provisions of this Ordinance shall, upon conviction, be punished by a fine of not less than Fifty (P50.00) Pesos, but not more than Two Hundred (P200.00) Pesos or by imprisonment of not less than one (1) month but not exceeding six (6) months, or both at the discretion of the Court. In case of a violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officers.
SECTION 12. - AMENDMENTS. - The Sangguniang Panlungsod may, from time to time, on its own motion or upon recommendation by the Zoning Administrator amend, alter, supplement or repeal any provision of the Ordinance.
All proposed amendments shall be referred to the City Planning and Development Board for report and recommendation.
If the recommendation is favorable, the proposed amendment shall become effective upon resolution by the majority vote of all the members of the Sangguniang Panlungsod. However, if the recommendation is unfavorable, it shall become effective only upon a resolution by three-fourth (3/4) vote of the same.
SECTION 13. - SEPARABILITY CLAUSE. - Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.
SECTION 14. - REPEALING CLAUSE. - All other ordinances, rules or regulations in conflict with the provisions of this Ordinance are hereby repealed; provided that vested rights on the effectivity of this Ordinance shall not be impaired.
SECTION 15. - EFFECTIVITY CLAUSE. - This Ordinance shall take effect immediately upon its approval.
ENACTED AND APPROVED by the Sangguniang Panlungsod, this City, during its 1st Special Session, on January 13, 1978.
APPROVED by His Honor, the City Mayor, this City, on January 16, 1978.
ATTESTED BY:
(SGD.) RUTH B. DURAN
City Secretary