RESOLUTION NO. 2001- 2526 "A RESOLUTION ENACTING AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING REGULATION FOR THE CITY OF PAGADIAN, ZAMBOANGA DEL SUR, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES AND/OR RESOLUTIONS IN CONFLICT THEREWITH" WHEREAS, R.A. No. 7160, otherwise known as the Local Government Code of 1991 (LGC) provides that Local Government Units (LGUs) shall, in conformity with existing laws, continue to prepare their respective comprehensive land use plans enacted through zoning ordinances which shall be the primary and dominant bases for future use of land resources; WHEREAS, the LGC further provides that the requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the preparation of the comprehensive land use plans; WHEREAS, for the City of Pagadian, the relevance of supporting the declared policy of the national government that of regulating the use of land resources and employing the principles of sound environmental management and control has become a necessity in order to safeguard the life, health, property and, in general, the public welfare; WHEREAS, it is also of greater necessity to approve a zoning ordinance in order to catch up with urbanization and to formalize the control and regulation of the indiscriminate proliferation of buildings and or structures of different shapes and sizes and the unrestricted or arbitrary use of building and lands and to further provide for the regulation of the use and control to which land should be devoted as well as the present and future buildings and structures as to their location or site, design, use occupancy and maintenance; WHEREFORE, on motion by acclamation of all members present, it was RESOLVED TO ENACT, AS IT IS HEREBY ENACTED, the following ordinance, viz: CITY ORDINANCE NO. 2001-194 "AN ORDINANCE ADOPTING A COMPREHENSIVE ZONING REGULATION OF THE CITY OF PAGADIAN, ZAMBOANGA DEL SUR, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES AND/ OR REGULATIONS IN CONFLICT THEREWITH" Be it enacted by the Sangguniang Panlungsod of Pagadian, Zamboanga del Sur, assembled in session, that: Article I TITLE OF THE ORDINANCE Section 1. Title of the Ordinance. There is hereby enacted a COMPREHENSIVE ZONING ORDINANCE of the City of Pagadian, Zamboanga Del Sur, and shall be referred to as the ZONING ORDINANCE OF 2001. Article II AUTHORITY AND GENERAL PURPOSES Section 2. Authority. This ordinance is enacted pursuant to the provisions of RA 7160, otherwise known as the Local Government Code of 1991, and Executive Order No. 72, authorizing the Cities/Municipalities to prepare their respective Comprehensive Land Use Development Plan enacted through Zoning Ordinance subject to the provisions of existing laws. Section 3. Purpose. This Ordinance is enacted for the following purposes: Promote and protect the health, safety, morals, comfort, convenience, and general welfare of the inhabitants of Pagadian City; Guide, control and regulate the future growth and development of the City of Pagadian, in accordance with the Comprehensive Master Development Plan; Protect the character, stability and dominance of residential, institutional, commercial, industrial, recreational, parks/open spaces and other functional areas within the city and promote the orderly and beneficial development of the same; Provide adequate light, air, privacy and convenience or access to property; Prevent undue concentration of population and human activities; Regulate the location, height, and bulk of buildings, land use ratios, floor area ratios, open space ratios in general, the relationship of buildings to land in such manner as to obviate the danger to public safety, health and welfare; Protect the forest and water resources of the city and preserve the character and ecological balance between the sea and the land. Section 4. General Zoning Principle. This Comprehensive Zoning Ordinance is based on the approved General and Urban Land Use Plan, strategies and development policies embodied in the Comprehensive Development Plan adopted as per Resolution No. 2001-2525 dated June 13, 2001 for the City of Pagadian, Zamboanga Del Sur. Zoning is the division of the City into land use zones, the specifications of pattern, nature and characteristics of uses and the provision of density and environmental regulations in consonance with the approved Land Use Plan. Article III DEFINITIONS OF TERMS AND PHRASES Section 5. The Definition of Technical Terms and Phrases. 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 Housing and Land Use Regulatory Board (HLURB). The words, terms and phrases enumerated hereunder shall be understood to have the meaning correspondingly indicated as follows: Accessory Use - a use customarily incidental and subordinate to the principal use of the building or land and located on the same lot with such principal use. Apartment - a dwelling unit of two or more rooms designed and intended for or occupied by one (1) family provided with separate living, sleeping and cooking facilities and joined physically with other dwelling units. Agricultural Zone - an area within a City intended for cultivation/ fishing and pastoral activities e.g. fishing, farming, cultivation of crops, goat/ cattle raising, etc. Alley or callejon - a public space or thoroughfare affording generally a secondary means of access to abutting property. Barangay - the basic political unit in the Philippines composed of all persons who have been residents therein for at least six (6) months, citizens of the Philippines and duly registered in the list of barangay members kept by the barangay secretary. Beach Resort - a parcel of beach area planned primarily for terrestrial and marine oriented recreational uses sometimes provided with facilities for accommodation. Block - the combined area of one or more lots forming a street block bounded by more than two (2) streets. Boarding House - any house, which admits boarders for compensation and usually serves meal. Conforming Use - a use, which is in conformity with the zone classification as provided for in the Ordinance. Cockpit - a pit or enclosure within a building or a portion thereof of where cockfighting is held. Money betting may or may not be made. District - refers to specific subdivided areas for a prescribed range of uses that may comprise a zone. It covers a smaller geographic boundary than a zone and has no reference to political boundaries. Dominant Use - the intended principal use/activity or range of uses/activities occurring within a zone or district supportive of the general land use strategy occupying at least sixty percent (60%) of the total allowable floor area within the zone or district. Dormitory - a building where boarders are provided with board and lodging and eating in common halls for compensation. Dwelling Unit - a building or portion thereof providing complete living facilities for one (1) family. Environmental Impact Assessment (EIA) - a legal document required under P.D. 1151 which applies to every proposed government-owned or controlled projects, as well as privately financed projects and undertakings, which would significantly affect the quality and integrity of the environment and the diverse resources it supports. It is a process, which consist of identifying and predicting impacts of proposed projects and programs on the bio-geophysical environment and on mass-health and well-being. Environmentally Critical Areas - refer to those areas which are environmentally sensitive as listed in Presidential Proclamation 2145 dated December 14,1981. Easement - open space imposed on any land use/activities sited along waterways, road-right of-ways, cemeteries/memorial parks and utilities. Employees' Housing - housing facilities provided exclusively for employees (government workers, hotel workers, etc.). Eco-Tourism Zone - sites within the city endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities, which attract local or foreign tourists. Exception - 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, as distinguished from a mere inconvenience or a desire to make more money. Farm - any parcel of land used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structure within the prescribed limits and the storage of equipment used. Fish Culture - a body of water (artificial or natural) where fish and other aquatic products are cultivated, raised or cultivate under controlled conditions. Fishpond - an area specifically devoted to activities as the cultivation and raising of fish. Floor Area Ratio - is the maximum number of square meters of building floor area, which will be permitted, divided by the number of square meters of available gross land area. Garage - a building where cars or other motor vehicles are housed and maintained. Garbage Dump Sites - a lot or land or part thereof used primarily for the disposal by dumping, burial, burning or any other means and/or whatsoever purpose of garbage, sewage, trash, junk, refuse, discarded machinery, vehicles, or parts thereof, or waste materials of any kind. General Zoning Map - a duly authenticated map delineating the different zones into which the whole city is divided. Gasoline service stations - a place where gasoline or any other motor fuel, lubrication oil or grease for operation of automobile is offered for sale to the public. Deliveries are made directly into the vehicle including lubrication on the premises, the washing of automobile where no mechanical conveyor, blower or stream-cleaning device is involved and including only such other service and minor adjustments as customarily permitted at gasoline supply station. Governmental Use - any use, structure, facility or activity of a governmental department or agency authorized by the City of Pagadian to service the health, safety, and general welfare of the public. Guardhouse - a building or structure used for protection against rain and sun while a guard performs his duty. Home Occupation - an occupation or business conducted within the dwelling unit. Housing and Land Use Regulatory Board (HLURB) - the government office, which shall serve as the final appellate body for all decisions, which might result from the implementation of this Ordinance. Innovative Design - introduction and/or application of new/creative designs and techniques in development projects. Institutional Zone - an area within the city used principally for general types of institutions e.g. government offices, schools, hospitals/clinics, academic/research institutions, and convention centers. Light Industrial Zone - an area within the city used for non-pollutive, non-hazardous industries. Locational Clearance - clearance issued upon compliance to specific guidelines and standards outside of the Zoning Ordinance provisions for projects of national significance. Lot Depth - the mean horizontal distance between the front and rear property lines. Lot Width - the mean horizontal distance between the two side property lines. Major Street - any street such as a highway, boulevard and collector street intended to accommodate a "large" volume of traffic usually with a width of right-of -way (ROW) of more than ten (10) meters. Mangrove Forest - forest stands found in swampy tidal areas where the water is brackish and composed primarily of mangroves and associated species. It stabilizes the shoreline and protects the marine system from sedimentation, enhancing the nearshore nutrient supply providing breeding, feeding, and nursery ground for marine life. Minor Street - any street other than a major street intended to accommodate a "lesser" volume of traffic usually with a right-of-way (ROW) width of less than ten (10) meters. Mitigating Device - a means to grant relief in complying with certain provisions of the ordinance. Museum - a nonprofit, noncommercial establishment operated as a repository, or a collection of natural, scientific, literary or cultural objects or interests such as works of art. This does not include the regular sale or distribution of the objects collected. Non-Conforming Use - uses/establishments in an area, allowed to operate in spite of the non-compatibility to the provisions of the Ordinance subject to the conditions stipulated in this Zoning Ordinance. Nuisance - shall be an act, mission, establishment, business, condition of property, or anything else which according to the New Civil Code of the Philippines: a) Injures or endangers the health or safety of others; b) Annoys or offends the senses; c) Shocks, defies or disregards decency or morality; d) Obstructs or interferes with the free passage of any public highway or street of any body of water; or Hinders or impairs the use of property. Occupancy - the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors. Open Space - an unoccupied space open to the sky on the same lot with the building. Open Space Ratio - is the minimum number of square meters of open space required divided by the number of square meters of gross building floor area built (at ground level). Pasture Land - refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for the raising of livestock. Parks and Recreation Zone - an area designated for diversion/ amusements by the local residents and the public in general and for the maintenance of ecological balance of the community. Plaza - a public open space in a city or town. Pension House - any building regularly catering to tourists and travelers, containing independent rooms and providing common facilities such as toilet, bathroom, living and dining rooms, and kitchen and where a combination of boarding and lodging may be provided. Planned Unit Development - a land development scheme wherein a project site is comprehensively planned as an entity via unitary site plan, which permits flexibility in planning/design, building siting, complementarity of building types and land uses, usable open spaces and the preservation of significant natural land features. Pollution - the addition of foreign matter to the natural environment or wildlife or co-inhabitants of the earth to a degree detrimental to man's health. Safety and welfare and the natural resources - general types of pollution are air, water, land and noise pollution. Reforestation Area - an area where forest cover is renewed and restored on by seeding or planting of trees. Rehabilitation Forest - a forest area preserved for rehabilitation of forest stands, which primarily consists of second growth or residual forest and thin forests. Retirees' Estates - an exclusively planned estate for retirees provided with necessary facilities for leisure and recreation. Rezoning - an amendment to or a change in the text and maps of the Zoning Ordinance. Residential Zone - an area within the city used principally for dwelling/housing purposes. Rural Area - an area outside of the designated urban area. Seaport - a defined area on land or water (including any building, installations, and equipment) intended to be used either wholly or in part for the arrival, departure and movement of seacraft (boats, yachts, etc.). Setback - the open space left between the building and lot lines. Sewage Treatment Plant - refers to sewerage treatment works, septic tanks, percolating filter, sewage digestion tanks, or any tank designed for the pre-treatment, treatment of the stabilization of sewage. Special Use Permit - a permit issued for a use not inherently allowed by the district regulations and subject to special review of the CPDC. Street - means related to and includes the terms roads, streets, boulevards, freeways, parkways, alleys, or other vehicular highways, or any part or parts thereof. Street Line - the line determining the outside of an area used for a street, either public or private or proposed for street use. Usually located on the outside or related sidewalk, drainage, and utility facilities. Subdivision - means the division of a tract or parcel of land in two (2) or more lots, or the consolidation of two (2) or more new lots, sites or other division for the purpose whether immediate or future, for inheritance, extrajudicial partition, or building development. It includes resubdivision, and when appropriate to the content relates to the process of subdividing. Temporary Use Permit - permit issued on establishments based on conditions stipulated in Article IX, Section 49. Total Allowable Floor Area - the total allowable floor area shall construe as the area equal to sixty percent (60%) of the zone or district gross land area multiplied by the number of storeys permitted for a particular zone or district. Urban Area(s) - include(s) all barangay(s) or portion(s) of the city considered urban according to the definition of an urban place by the National Statistics Office. Urban Zoning Map - a duly authenticated map delineating the different zones into which the urban area and its expansion areas are divided. Variance - a device, which grants a property owner relief from certain provisions of a Zoning Ordinance where, because of the particular physical surroundings, shape or topographical conditions or the property, compliance on height, area, setback bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. Warehouse and Storage Facilities - any building or structure, the primary purpose of which is storage of goods, wares, merchandise, articles, or personal properties; a bodega. Yard - an open space at grade between a building and the adjoining lot or street, unoccupied and unobstructed by any portion of a structure from the ground upward. Zone/District - an area within the municipality delineated for specific land use or combination of land uses. Zoning Administrator/Zoning Officer - a city government employee who is responsible for the implementation and enforcement of the Zoning Ordinance in the community. Zoning Ordinance - a local legal enactment that embodies regulations affecting delineated land uses which seeks to implement the local physical plan. Article IV ZONE AND DISTRICT CLASSIFICATIONS Section 6. Division into Zones. To carry out effectively the provisions of this ordinance and the development policies enunciated in the land and water use strategy, the City of Pagadian shall be divided into the following zones as shown in the Official General Land Use Map and Urban Zoning Maps. A. PROPOSED GENERAL LAND USE ZONE Built-up Zone Industrial Zone Tourism Zone Fish Pond Zone Forest Zone Grassland Zone Agricultural Zone PROPOSED URBAN ZONING Residential I Zone Residential II Zone Residential III Zone Commercial I Zone Commercial II Zone Institutional Zone Industrial Zone Tourism Zone Parks/Recreation /Greens & Open Spaces Airport Zone Reclamation/Mixed Used Zone Cemetery Transportation and Utilities Zone Socialized Housing Area Solid Waste Disposal Area Buffer Zone Slaughterhouse Area Fishpond Zone Agricultural Zone Section 7. Official Zoning Maps. The designation and boundaries of the zones and districts established herein are shown in the Official Zoning Map of the City of Pagadian and are hereby adopted by the Sangguniang Panlungsod and form as integral parts of this ordinance. Provided, such other official zone maps or official district maps which may be prepared by the Office of the City Planning and Development Coordinator (OCPDC) as part of the instruments to implement the zone or district plans, upon adoption by the Sangguniang Panlungsod, shall constitute as integral parts of this ordinance. The official zoning maps shall be signed by the City Mayor, as duly approved by the Sangguniang Panlungsod, and shall be authenticated by the Sangguniang Panlalawigan of Zamboanga Del Sur. However, in the event that any of the official zoning maps is damaged, destroyed, lost or become difficult to interpret because of its nature or of the number of changes and additions made, the Sangguniang Panlungsod shall request the Sangguniang Panlalawigan for an authenticated copy of said Zoning Maps upon payment of appropriate fees. The Sangguniang Panlungsod may likewise enact an ordinance adopting a new Official Zoning Map in accordance with the requirements set forth under this Ordinance and upon approval of the City Mayor shall supersede the prior Official Zoning Map. Section 8. Zone and District Boundaries. This section will contain the specific location and boundaries of each zone and district by Technical Descriptions and by the names of streets, whenever possible. Section 9. Urban and General Zoning/Zone Boundaries. The City of Pagadian shall be divided into zones or districts both in General and Urban Areas. It shall be divided into the following zones and locations. PROPOSED GENERAL LAND USE ZONE Built-up Zone - It shall be located in a cluster of more than twenty (20) dwelling units and shall include areas devoted to residential, commercial and institutional uses in each barangay. Industrial Zone - It shall be located in the portion of barangay(s) Napolan, Bomba and Poloyagan, or the identified Provincial Industrial Center (PIC), and the industrial corridor in Tiguma. Tourism Zone - It shall be located in the portion of the coastal barangays of Bomba and Poloyagan and the Islets of Dao-Dao and White Sand Beach and parts of Barangays Dao, Banale, Kagawasan and Kahayagan. This shall also include the proposed eco-tourism parks/villages in Dampalan, Alegria Falls, Lison Valley Falls, Lower Sibatang Forest Reserve, Kendis Cave and Mt. Palpalan. Fishpond Zone - Fishpond sites shall be located in the barangays of Dumagoc, Kawit, Tuburan and Tawagan Sur. Forest Zone - It shall be located in the mountainous areas of Barangays Dampalan, Lourdes, and Lison Valley. Grassland Zone - It shall be located in all agricultural areas as indicated in the proposed general land use map. Agricultural Zone - the total agricultural land area is about 24,126 hectares or 69.65 % of the total land area of the City. Section 10. Urban Core. The Proposed Urban Zoning Planned Area shall be composed of the Barangays of Balangasan, Balintawak, Banale, Bogo, Bomba, Buenavista, Bulatoc, Dao, Dumagok, Gatas, Kawit, Lenienza, Lumbia, Muricay, Napolan, Palpalan, Poloyagan, San Francisco, San Jose, San Pedro, Santa Lucia, Santa Maria, Santiago, Santo Nino, Tiguma, Tuburan and White Beach. B. PROPOSED URBAN LAND USE ZONE RESIDENTIAL I ZONE Block 1: Area bounded on the North by Bomba-Poloyagan Road, Northwest by Napolan-Poloyagan Road traversing to the boundary of agricultural lands in the Southeast and East by the boundary of the proposed industrial area in Bomba. Block 2: Area bounded on the Northeast by Napolan-Bomba Road, Northwest by Napolan Road along the location of Napolan Elementary and High School buildings and southwest by Bomba Road going to Poloyagan. Block 3: Area bounded on the North by Napolan Road near the Solid Waste disposal site, Northwest by the Alta Tierra Subdivision site, East by PCWD Station site and the buffer strip adjacent to the Bay area. Block 4: Area bounded on the North by the National Highway-Buenavista Road intersecting PACIGEA housing road, East through the proposed new roadlink going down to Napolan-Bomba vicinity and West by the boundary of agricultural lands in Poloyagan. Block 5: Area bounded on the North by the PACIGEA housing south road going to the site of the Pagadian Resettlement Housing Development Project (PCRHDP), East by the Alta Tierra subdivision northwest road and south where the Napolan Elementary and High School buildings are situated. Block 6: Areas bounded on the North by the National Highway going to Zamboanga City, West by the highway to PCRHDP west road, South by the PCRHDP southwest road that intersects with the Napolan to Highway road and traversing the Solid Waste disposal site in the East and Northeast by the Ballesteros Subdivision western road section. Block 7: Areas bounded on the North by the National Highway going to Zamboanga City (where the Buenavista elementary School is located), East by the highway-PCRHDP eastern road section, West by the PCRHDP western road section and South by the PCRHDP southern road section. Block 8: Areas bounded on the North by the national highway going west to Zamboanga City, East by the PCRHDP western road section, West by the Buenavista road traversing to the PACIGEA and PCRHDP access roads. Block 9: Areas bounded on the North by boundary between Balintawak and Palpalan, West by the boundary of Balintawak and western agricultural lands, South by the alignment of the Proposed Circumferential Road III and East by the western side of the Balangasan River. Block 10: The residential areas near PNP headquarters, bounded on the North by the alignment of the proposed Circumferential Road III, South and Southwest by North Diversion Road going to Zamboanga City and East by the western side of the Balangasan River. Block 11: Areas bounded on the North by the North Diversion Road going to Zamboanga City, including areas traversed by the Proposed Circumferential Roads I and II, South by the National Highway (Rizal Avenue) down to the vicinity of Jamelarin Hospital up to Balangasan Bridge, along Rizal Avenue. Block 12: Areas bounded on the North by the North Diversion Road, West by the eastern side of the Balangasan River, East from bridge along the North Diversion Road down to the convergence point of the Balangasan River and its tributary, including the areas traversed by the Proposed Circumferential Roads I and II. Block 13: Areas bounded on the North by the Proposed Circumferential Road I, West by the eastern side of the Banale waterway, East by Barangay Banale Road and South by the junction of Barangay Banale Road and Sabate Street extension facing Santo Nino Village. Block 14: Areas bounded on the North by the North Diversion Road, West by the eastern side of Banale waterway, south by the Proposed Circumferential Road and East by Barangay Banale Road, including areas traversed by the Proposed Circumferential Road II. Block 15: Areas bounded on the North by the alignment of the Proposed Circumferential Road II, West by Barangay Banale Road, South by Sabate Street, including Valencia Subdivision and areas traversed by the Proposed Circumferential Road I and East by western side of the Gatas River. Block 16: Areas bounded on the North by Barangay boundary between Banale and Palpalan, West by the eastern side of the Balangasan River, South by the alignment of the Proposed Circumferential Road III and East by the Barangay Banale Road. Block 17: Areas bounded on the North by the southend of the Proposed Mountain Resort II and Cable Car, West by Barangay Banale Road including portions traversed by the alignment of the Proposed Circumferential Road III, South by the North Diversion Road and East by western side of the Gatas River. Block 18: Areas bounded on the North by the proposed Circumferential Road III, West by the eastern portion of the Gatas River, South by the North Diversion Road and East by the Dao-Bogo-Kagawasan-Danlugan-Tulangan Road, including Consolacion Subdivision. Block 19: Areas bounded on the North by the southend portion of the Proposed Mountain Resort I, West by the eastern side of Gatas River, South by the areas traversed by the alignment of the Proposed Circumferential Road III and East by western side of the Dao-Bogo-Kagawasan-Danlugan-Tulangan Road Section, including areas in Acuna Subdivision. Block 20: Areas bounded on the North by the boundary between the barangays of Dao and Manga, West by the Dao-Bogo-Kagawasan-Danlugan-Tulangan Road, South by the northern boundary of PADAP compound, South by the areas facing the barangay hall of Bulatoc, Southwest by the areas facing the City Housing Unit Resettlement Project and East the Bulatoc Road up to the barangay boundary between Bulatoc and Manga. Block 21: Areas bounded on the North after the boundary of the proposed commercial II areas along North Diversion Road (from the Rotunda to junction North Diversion and Bulatoc Road), West after the proposed commercial II areas, South by the side of the waterway between Santa Maria Elementary School and Silao Subdivision, South between the waterway in Silao Subdivision going southeast to areas crossed by a road between Paglaum Subdivision and Public Cemetery, Southeast by the boundary of the proposed commercial II areas and F.S. Pajares and Colona Subdivisions and East by the western side of the Bulatoc Road. Block 22: Areas mostly found in Barangays Bulatoc, Lenienza and Tiguma, bounded on the North by the boundary of Barangay Lenienza, West by Bulatoc Road traversing from the junction of Lenienza barangay boundary going down to North Diversion Road, South by the North Diversion Road going down to the junction of the National Highway (Rizal Avenue), including the areas of the Tiguma Elementary School and ZAMSURECO Housing Project, and East by the Tiguma-Lenienza-Manga Road, including the areas near the ZAMSURECO Electric Plant, National Food Authority and Lenienza Elementary School. Block 23: Areas bounded on the North by the North Diversion Road, West between the junction of Bulatoc Road and North Diversion Road to junction Bulatoc Road and National Highway (Rizal Avenue) including areas in Bersales Subdivision, South in the National Highway, including the areas of St. John General Hospital/Medina College and Chinese Cemetery and East by North Diversion Road from the junction of the national highway going up to the intersection of Bulatoc Road near Piltel. Block 24: Areas bounded on the North by the boundary of the proposed commercial II areas and industrial zone in the northern national highway, West by the eastern side of Bulatoc River, South by the northern side of Bulatoc River and East by the eastern side of Bulatoc River. Block 25: Areas bounded on the North and Northwest by the Tiguma-Lenienza-Manga Road from the northern junction down to southern junction near the national highway, South by the national highway and East by the eastern boundary of Barangay Lenienza, including the areas of Jamisola and Sunrise Subdivisions, former BLISS Housing and Alta Tierra Subdivisions II and III. Block 26: Areas bounded on the North by the national highway going to Ozamiz City, West by the western corridors of the Pagadian City Airport Road and junction of highway-Muricay Road, South by the alignment of the Proposed Seaside Boulevard, including the areas of the Muricay Elementary School and the Proposed Islamic Community Area. Block 27: Areas bounded on the North by the proposed road section between the agricultural land and the proposed Government Reservation Area, West by southern side of the Tiguma River going down up to the areas near the White Beach Elementary School, South by the alignment of the proposed Seaside Boulevard and East by the boundary of the agricultural lands bisected by the proposed new road near the Proposed PNP barracks and Pagadian Airport Area. Block 28: Areas bounded on the North and Northwest by the Bulatoc River, South by the road cutting Kawit community, beginning from the dead-end of Bulatoc River to the dead-end of the Tiguma River and East by the boundary of agricultural lands near the fishpond area adjacent to Tiguma River. Block 29: Areas bounded on the North by Road section described in South boundary of Block 28, West by the access road to Kawit Elementary School ending in the southern portion of Tiguma River near the bridge to White Beach Elementary School and East by Tiguma River. Block 30: Areas bounded on the North by Bulatoc River, West by southwest portion of Bulatoc River facing San Pedro Elementary School, South by the Southern end of the Bulatoc River down to Illana Bay and East by the access road to Kawit Elementary School. 2. RESIDENTIAL II ZONE Block 31: Areas where Ballesteros and Fatima Village Subdivisions are located, bounded on the North by National Highway, Northwest by the junction of national highway to the access road from ZSMIT going to PCWD Station, Southwest by the access road to Dumagoc Hill, South by the Dumagoc Hill road and East by road section between the fishpond near Dumagoc Hill and delineated proposed Residential III areas and Northeast by Balangasan River from Balangasan-National Highway Bridge down to the Residential III areas near Santa Lucia Elementary School. Block 32: Areas bounded on the North and Northwest by Sabate Street (Extension), Southwest and South by Balangasan River to corner F. Consolacion Street and Rizal Avenue Extension and East by Barangay Banale Road, including Santo Nino Village Subdivision. Block 33: Areas bounded on the North by the Southern side of Sabate Street, West by the eastern side of Barangay Banale Road, South by junction between Barangay Banale Road, Consolacion Street and corner Consolacion Street and Broca Street, and East by the western side of Gatas River up to the southern boundary of Valencia Subdivision. Block 34: Areas bounded on the North by Sabate Street; West by the eastern side of Gatas River, South by Gatas Bridge at Salera Street going up to the corner of Dao-Bogo-Kagawasan-Danlugan-Tulangan Road and Mercedes Street and East by Mercedes Street going north to Sabate Street. Block 35: Areas bounded on the North by the alignment of the Proposed Circumferential Road II, near the Dao Rotunda, West by the alignment of the Proposed Circumferential Road III along the eastern side of City Central Elementary School, Southeast by Sabate Street and between the first alley of Aquino and F.S. Pajares Avenue and East by the western end of the proposed commercial II Strip along F.S. Pajares Street up to Dao Rotunda. Block 36: Areas bounded on the North by the alignment of the Proposed Circumferential Road II; West by eastern side of Gatas River up to Sabate Street, South by Sabate Street and East by Dao-Bogo-Kagawasan-Danlugan-Tulangan Road. Block 37: Areas bounded on the North by a road leading to Santa Maria Elementary School from F.S. Pajares Street, West by F.S. Pajares Street down to corner Broca Street, South by corner FS Pajares and Broca Sts., up to the bridge near National School and Silao Subdivision and East by the west side of the River facing National High School. Block 38: Areas bounded on the North and Northwest by the southern boundary of Public Cemetery, West by the northeast boundary of Loyola Memorial Garden, South by the northern boundary of the Provincial Hospital and East by the western boundary of commercial II areas facing the National Highway. Block 39: Areas bounded on the North and West by the boundary of the Commercial II areas facing the National Highway, in the vicinity of Springland Resort, Southwest by the river from the national highway bridge near Camp Abelon Elementary School going down to Bulatoc River and East and Southeast by the western side of the Bulatoc River. 3. RESIDENTIAL III ZONE Block 40: Areas bounded on the North and Northwest by the road facing Residential I Block no. 31, in front of the eastern side of Dumagoc fishpond, going down to Dumagoc Hill from the southern end of Balangasan River and South and Southeast by western end of the existing Seaside Boulevard up to Balangasan-Gatas River draining towards the Bay. Block 41: Areas bounded on the North by Jamisola Street, West by eastern side of the Balangasan-Gatas River up to Seaside Boulevard, South by the Seaside Boulevard and East by an alley from Seaside Boulevard going up to the southern side of Santa Lucia Elementary School and from the corner of Jamisola Street and the road going up to the national highway. Block 42: Areas bounded on the North by Rizal Avenue, West by Gatas River, South by Jamisola Street, starting from the Gatas Bridge at Jamisola Street up to Corner Salera and Jamisola Streets, and East by Salera Street. Block 43: Areas bounded on the North and Northeast by Rizal Avenue, West by the delineated boundary of Residential 2 Block 31, South and Southeast by Jamisola St. and East by the western side of Gatas River. Block 44: Areas bounded on the North by Hofilena Street, West by corner Hofilena Street and road going to the Provincial Capitol to corner Rizal Avenue and Provincial Capitol Road, South by Rizal Avenue and East by Salera Street. Block 45: Areas bounded on the North by Urro Street, West by Provincial Capitol Road, South by Hofilena and East by the western side of Gatas River. Block 46: Areas bounded on the North by Salazar Street, West by R. T. Lim Street, South by Urro Street and East by the western side of the Gatas River. Block 47: Areas bounded on the North by Sagun Street including the block cut by Gatas River, West by the western side of side of Gatas River, South by Rizal Avenue and Cabrera Street and East by an alley facing the Commercial Block nos. 1 and 5. Block 48: Areas bounded on the North by Urro Street, West by F. Duterte Street, including the western bloc between Hofilena and Sagun Streets cut by Gatas River, South by Sagun Street and East by Datoc Street. Block 49: Areas bounded on the North by Salazar Street, West by F. Duterte Street, including the bloc at F. Duterte-Salazar Streets cut by Gatas River, South by Urro Street and East by Aquino Street. Block 50: Areas bounded on the North by Broca Street, West by the eastern side of Gatas River, South by Salazar Street and East by Aquino Street Block 51: Areas bounded on the North by Broca Street, West by an alley, facing the eastern side of Commercial I Block No. 39, South by Urro Street and East by J. Alano Street. Block 52: Areas bounded on the North by Broca Street, West by J. Ariosa Street, South by Urro Street and East by F. Sabado Street. Block 53: Areas bounded on the North by Broca Street, West by F. Sabado Street, South by Urro Street and East by M. Roxas Street. Block 54: Areas bounded on the North by Broca Street, West by M. Roxas Street, South by Urro Street, including the portion of the block at the southern side of Urro Street and East by Sabellano Street. Block 55: Areas bounded on the North by Broca Street, West by Sabellano Street, South by Urro Street, including the portion of the block at the southern side of Urro Street and East by N. Bana Street. Block 56: Areas bounded on the North by Urro Street, West by J. Alano Street, South by Sagun Street and East by M. Roxas Street. Block 57: Areas bounded on the North by an alley facing the southern side of commercial I block no. 22, West by a street facing the eastern side of commercial I Block no.22, West by a street facing the eastern side of Commercial I Block no.25, South by Ramon Magsaysay Avenue and East by the western side of Bulatoc River. Block 58: Areas bounded on the North and Northeast by the western portion of Bulatoc River, West by an alley facing the eastern side of commercial I block nos. 31 and 33, South by the existing Seaside Boulevard and Southeast by a road facing the eastern side of PPA port delineation zone. COMMERCIAL I ZONE Block 1: Areas bounded on the North by Sagun Street, West by an alley facing the eastern side of Residential 3 Block no. 47, South by Cabrera Street and East by F. Duterte Street. Block 2: Areas bounded on the North by Sagun Street, West by F. Duterte Street, South by Sanson Street and East by Datoc Street. Block 3: Areas bounded on the North by Sagun Street, West by Datoc Street, South by Sanson Street and East by Aquino Street. Block 4: Areas bounded on the North by Sagun Street, West by Aquino Street, South by Sanson Street and East by F. S. Pajares Street. Block 5: Areas bounded on the North by Sagun Street, West by an alley facing the eastern side of Residential 3 Block no. 47, South by Cabrera Street and East by F. Duterte Street. Block 6: Areas bounded on the North by Sanson Street, West by F. Duterte Street, South by Cabrera Street and East by Datoc Street. Block 7: Areas bounded on the North by Sanson Street, West by Datoc Street, South by Cabrera Street and East by Aquino Street. Block 8: Areas bounded on the North by Sanson Street, West by Aquino Street, South by Cabrera Street and East by F. S. Pajares Street. Block 9: Areas bounded on the Sagun Street, West by F. S. Pajares Street, South by Sanson Street and East by Bonifacio Street. Block 10: Areas bounded on the North by Sagun Street, West by Bonifacio Street, South by Sanson Street and East by J. Alano Street. Block 11: Areas bounded on the North by Sagun Street, West by J. Alano Street, South by Sanson Street and East by F. Sabado Street. Block 12: Areas bounded on the North by Sagun Street, West by F. Sabado Street, South by Sanson Street and East by M. Roxas Street. Block 13: Areas bounded on the North by Sagun Street, West by M. Roxas Street, South by Sanson Street and East by Sabellano Street. Block 14: Areas bounded on the North by Sagun Street, West by Sabellano Street, South by Sanson Street and East by N. Bana Street. Block 15: Areas bounded on the North by Sagun Street, West by N. Bana Street, South by Rizal Avenue and East by a street between Sagun Street and Rizal Avenue. Block 16: Areas bounded on the North by a street facing Residential I Block no. 37, West by N. Bana Street, South by Sagun Street, Southeast by junction Sagun Street and Rizal Avenue and East by the western side of Camp Abelon. Block 17: Areas bounded on the North by Sanson Street, West by F. S. Pajares Street, South by Cabrera Street and East by Aquino Street. Block 18: Areas bounded on the North by Sanson Street, West by Bonifacio Street, South by Cabrera Street and East by J. Alano Street. Block 19: Areas bounded on the North by Sanson Street, west by J. Alano Street, South by Cabrera Street and East by F. Sabado Street. Block 20: Areas bounded on the North by Sanson Street, West by F. Sabado Street, South by Cabrera Street and East by M. Roxas Street. Block 21: Areas bounded on the North by Sanson Street, West by M. Roxas Street, south by Rizal Avenue and East by Sabellano Street. Block 22: Areas bounded on the North by Rizal Avenue, West by a portion of the road from Rizal Avenue going down towards the Seaside Boulevard, South and Southeast by an alley facing Residential 3 Block no. 57. Block 23: Areas bounded on the North by Cabrera St. and Rizal Avenue, West by F. Sabado and Fernan Streets, South and Southeast by Rizal Avenue and an alley facing the northern portion of Commercial 1 Block no. 25. Block 24: Areas bounded on the North by Rizal Street, West by New Tudela Street, South and Southeast by Jamisola Street and East by Fernan Street. Block 25: Areas bounded on the North by an alley facing the southern portion of Commercial 1 Block no. 23, West by Fernan Street, South by Ramon Magsaysay Avenue and East by a street facing the western side of Residential 3 Block no. 57. Block 26: Areas bounded on the North by Jamisola Street, West by Claro M. Recto Street, South by Ramon Magsaysay Ave. and East by a street facing the western side of the San Pedro Elementary School. Block 27: Areas bounded on the North by Jamisola Street, West by New Tudela Street, South by Ramon Magsaysay Avenue and East by Claro M. Recto Street. Block 28: Areas bounded on the North by Ramon Magsaysay Avenue, West by New Tudela Street, South by a street facing the northern side portion of Commercial 1 Block no. 31 and East by Claro M. Recto Street. Block 29: Areas bounded on the North by Ramon Magsaysay Avenue, West by Claro M. Recto Street, South by a street facing the northern side portion of Commercial 1 Block no. 31 and East by Fernan Street. Block 30: Areas bounded on the North by Ramon Magsaysay Avenue, West by Fernan Street, South by a street facing the northern side portion of Commercial 1 Block no. 31. Block 31: Areas bounded on the North by a street facing the southern portions of Commercial 1 Block Nos. 28, 29 and 30, West by New Tudela Street, South by Seaside Boulevard and East by a portion of the street facing Residential 3 Block no. 58. Block 32: Areas bounded on the North by Marcelo Dablo Street, West by New Tudela Street, south by Seaside Boulevard and East by Fernan Street. Block 33: Areas bounded on the North by Marcelo Dablo Street, West by Fernan Street, South by Seaside Boulevard and East by a street facing a portion of Residential 3 Block no. 58. Block 34: Areas bounded on the North by Mercedes Street, West a section of Dao-Bogo-Kagawasan-Danlugan-Tulangan Road, South by Broca Street and East by P. Duterte Street. Block 35: Areas bounded on North Mercedes Street, West by F. Duterte Street, South by Broca Street, and East by Datoc Street. Block 36: Areas bounded on the North by Mercedes Street, West by Datoc Street, South by Broca Street and East by Aquino Street. Block 37: Areas bounded on the North by Mercedes Street, West by Aquino Street, South by Broca Street and East by F.S. Pajares Street. Block 38: Areas bounded on the North by Broca Street, West by an alley facing the eastern side of Residential 3 Block no. 50. South by Salazar Street, including the lower part facing the eastern portion of an Institutional Block no. 16 and east by FS Pajares Street. Block 39: Areas bounded on the North by the imaginary boundary between the CBD and Barangay Dao, West by F.S. Pajares Street, south by Urro Street and East by an alley facing the western side of Residential 2 and 3 Block nos. 37 and 51. Block 40: Areas bounded on the North by the alignment of the Proposed Circumferential Road 1, West by F.S. Pajares Street, South by a road on the southern side of the imaginary boundary of Barangay Dao. Block 41: Areas bounded on the North by a portion of the Proposed Circumferential Road II and the Rotunda Circular Road, West by the eastern imaginary limit of Residential 2 Block no. 35, South by the road on the Southern imaginary boundary limit of Barangay Dao and East by F.S. Pajares Street. Block 42: Areas bounded on the North by North Diversion Road, West by the southern section of Dao-Bogo-Kagawasan-Danlugan-Tulangan Road, South by the proposed alignment of Circumferential Road II and East by the eastern section of the Proposed Circumferential Road III. Block 43: Areas bounded on the North by North Diversion Road, West by the eastern side of Gatas River, South by the proposed alignment of Circumferential Road II and East by the southern section of the Dao-Bogo-Kagawasan-Danlugan-Tulangan Road. Block 44: Areas bounded on the North by North Diversion Road, West by Barangay Banale Road, South by the proposed alignment of Circumferential Road II. Block 45: Areas bounded on the North by the North Diversion Road, from Dao Rotunda to Bulatoc Road, West by Dao Rotunda, South by the western section of the proposed Circumferential Road II and Residential I Block no. 21 and East by Bulatoc Road. Bock 46: Areas bounded on the North by Rizal Avenue in front of Camp Abelon, West by Rizal Avenue facing the eastern side of Commercial I Block nos. 15 and 16, South by the right of way alley of Residential I Block no. 30 and East by the western portion of a stream draining to Bulatoc River. Block 47: Areas bounded on the North by the section Rizal Avenue from the bridge near Camp Abelon to the highway junction where the Bachelor's Bus Terminal is located, South and Southeast by the northern imaginary line of Residential II Block no. 39. This Block includes Springland Resort. Block 48: Areas bounded on the North by the southern imaginary line of Residential II Block no.38, West by the eastern side of the Provincial Hospital, South and Southeast by Rizal Avenue and Northeast by the crossing of Rizal Avenue and the road going towards Tuburan Elementary Schools. Block 49: Areas bounded on the North and Northwest by the southern side of F.S. Pajares Subdivision, South and Southeast by Rizal Avenue and East by the junction of the highway and the proposed alignment of the Circumferential Road II (Eastern Terminus Section). Block 50: Areas bounded on the North by the southern side of Coloma Subdivision, West by eastern terminus section of the proposed Circumferential Road II, South by Rizal Avenue and East by the eastern road-right-of-way going to Coloma Subdivision. Block 51: Areas bounded on the North by the southern side of Residential I Block no. 23, West by the road-right-of-way going to Coloma and Bersales Subdivisions, South by Rizal Avenue and East by the western side of the Chinese cemetery. Block 52: Areas bounded on the North by the southern side of Residential I Block 23, West by the eastern side of the Chinese cemetery, South by Rizal Avenue and East by the eastern terminus of North Diversion Road, including the Block at the eastern side of the junction of Rizal Avenue and North Diversion Road. Block 53: Areas bounded on the North by Rizal Avenue, in front of Medina College, West by junction Rizal Avenue and the eastern section of the Proposed Circumferential Road II, South by portions of Residential I Block no. 24 and East by a road in front of the western side of Commercial 1 Block no. 54. Block 54: Areas bounded on the North by Rizal Avenue, in front of the southern side of Commercial I Block 52, West by the road facing the eastern side of Commercial I Block no.53, South by the northern boundary of Residential I Block no. 24 and East by the western side of Industrial Zone no. 2. Block 55: Areas bounded on the North by Rizal Avenue in front of the northern part of Industrial Zone no. 2, West by the southern part of Industrial Zone no. 2, South by the eastern portion of Residential I Block no. 24 and by the eastern portion of Bulatoc River. Block 56: Areas bounded on the North by Rizal Avenue, in front of Commercial I Block no. 58, West by Bulatoc River, South by a portion of Residential I Block no. 26 and East by the crossing of Rizal Avenue and Tiguma-Lenienza-Manga Road. Block 57: Areas bounded on the North by Rizal Avenue, in front of Commercial I Block no. 59, West by the highway crossing facing Commercial I Block no. 56, South by the northern portion of Residential I Block no. 26 and East by the eastern boundary of the City and the municipality of Labangan. Block 58: Areas bounded on the North by a portion of Residential I Block no. 25, West by the Tiguma River, South by Rizal Avenue and East by Tiguma-Lenienza-Manga Road, intersecting with Rizal Avenue/highway. Block 59: Areas bounded on the North by the southern side of Residential I Block no. 25, West by Tiguma-Lenienza-Manga Road, South by Rizal Avenue and East by the eastern boundary of the City and the municipality of Labangan. 5. COMMERCIAL II ZONE Block 60: Areas bounded on the North by Cabrera Street, West by F. Duterte Street, South by Rizal Avenue and East by Datoc Street. Block 61: Areas bounded on the North by Cabrera Street, West by Datoc Street, South by Rizal Avenue and East by Aquino Street. Block 62: Areas bounded on the North by Cabrera Street, West by Aquino Street, South by Rizal Avenue and East by F.S. Pajares Street. Block 63: Areas bounded on the North by Cabrera Street, West by F.S. Pajares Street, South by Rizal Avenue and East by Bonifacio Street. Block 64: Areas bounded on the North by Cabrera Street, West by Bonifacio Street, South by Rizal Avenue and East by J. Alano Street. Block 65: Areas bounded on the North by Cabrera Street, West by J. Alano Street, south by Rizal Avenue and East by F. Sabado Street. Block 66: Areas bounded on the North by Rizal Avenue, West by J. Alano Street, South by Jamisola Street and East by F. Sabado Street. Block 67: Areas bounded on the North by Rizal Avenue, West by Bonifacio Street, South by Jamisola Street and East by J. Alano Street. Block 68: Areas bounded on the North by Rizal Avenue, West by F.S. Pajares Street, South by Jamisola Street and East by Bonifacio Street. Block 69: Areas bounded on the North by Rizal Avenue, West by Aquino Street, South by Jamisola Street and East by F.S. Pajares Street. Block 70: Areas bounded on the North by Rizal Avenue, West by Datoc Street, South by Jamisola Street and East by Aquino Street. Block 71: Areas bounded on the North by Rizal Avenue, West by F. Duterte Street, South by Jamisola Street and East by Datoc Street. Block 72: Areas bounded on the North by Rizal Avenue, West by Salera Street, South by Jamisola Street and East by F. Duterte Street. Block 73: Areas bounded on the North by Jamisola Street, West by Salera Street, South by Ramon Magsaysay Avenue and East by F. Duterte Street. Block 74: Areas bounded on the North by Jamisola Street, West by P. Duterte Street, South by Ramon Magsaysay Avenue and East by Datoc Street. Block 75: Areas bounded on the North by Jamisola Street, West by Datoc Street, South by Ramon Magsaysay Avenue and East by Aquino Street. Block 76: Areas bounded on the North by Jamisola Street, West by Aquino Street, South by Ramon Magsaysay Avenue and East by FS Pajares Street. Block 77: Areas bounded on the North by Jamisola Street, West by FS Pajares Street, South by Ramon Magsaysay Avenue and East by Bonifacio Street. Block 78: Areas bounded on the North by Jamisola Street, West by Bonifacio Street, south by Ramon Magsaysay Avenue and East by J. Alano Street. Block 79: Areas bounded on the North by Jamisola Street, West by J. Alano Street, South by Ramon Magsaysay Avenue and East by Datu Macaumbang Street. Block 80: Areas bounded on the North by Jamisola Street, West by Datu Macaumbang Street, South by Ramon Magsaysay Avenue and East by New Tudela Street. Block 81: Areas bounded on the North by Ramon Magsaysay Avenue, West by Datu Macaumbang Street, South by a road facing the northern side of Commercial II Block no. 93. Block 82: Areas bounded on the North by Ramon Magsaysay Avenue, West by J. Alano Street, South by a road facing Commercial II Block no. 93. Block 83: Areas bounded on the North by Ramon Magsaysay Avenue, West by Bonifacio Street, South by Marcelo Dablo Street and East by J. Alano Street. Block 84: Areas bounded on the North by Ramon Magsaysay Avenue, West by FS Pajares St., South by Marcelo Dablo Street and East by Bonifacio Street. Block 85: Areas bounded on the North by Ramon Magsaysay Avenue, West by Datoc Street, South by Marcelo Dablo Street and East by FS Pajares Street. Block 86: Areas bounded on the North by Ramon Magsaysay Avenue, West by P. Duterte Street, South by Marcelo Dablo Street and East by Datoc Street. Block 87: Areas bounded on the North by Ramon Magsaysay Avenue, West by Salera Street, South by Marcelo Dablo Street and East by P. Duterte Street. This Block includes the western areas bounded on the North by an alley in front of Santa Lucia Elementary School, West by an alley, facing the eastern side of Residential III Block no. 41, South by Marcelo Dablo Street and East by Salera Street. Block 88: Areas bounded on the North by Marcelo Dablo Street, West by an alley facing the eastern side of Residential III Block no. 41, South by Seaside Boulevard and East by F. Duterte Street. Block 89: Areas bounded on the North by Marcelo Dablo Street, West by Salera Street, South by Seaside Boulevard and East by Datoc Street. Block 90: Areas bounded on the North by Marcelo Dablo Street, South by Seaside Boulevard and East by F.S. Pajares Street. Block 91: Areas bounded on the North by Marcelo Dablo Street, West by F.S. Pajares Street, South Seaside Boulevard and East by Bonifacio Street. Block 92: Areas bounded on the North by Marcelo Dablo Street, West by J. Alano Street, South by Seaside Boulevard and East by New Tudela Street. Block 93: Areas bounded on the North by an alley facing Commercial II Block nos. 81 and 82, West by J. Alano Street, South by Marcelo Dablo Street and East by New Tudela Street. 6. INSTITUTIONAL AREAS Institutional Areas in the urban core shall include, among others, the following: Balangasan 1. Balangasan Elementary School Site 2. Ballesteros Elementary School Site 3. Bagong Silang Elementary School Site 4. Balangasan Barangay Site 5. Old Provincial Garage Compound [Site of Department of the Interior and Local Governments (DILG)-Province, Land Transportation Office (LTO), Philippine National Red Cross (PNRC), Philippine Tuberculosis Society (PTS), Bureau of Agricultural Statistics (BAS)] 6. Development Bank of the Philippines 7. Philippine National Bank 8. Department of Public Works and Highways (DPWH) Complex 9. Bureau of Telecommunications Site 10. Zamboanga del Sur Maritime Institute of Technology (ZSMIT) Campus 11. Pagadian Community Hospital (Jamelarin) 12. Fatima Parish Church 13. Bible Baptist Church 14. Church of Jesus Christ of Latter Day Saints (Mormon Church) Balintawak 15. Balintawak Elementary School Site 16. Philippine National Police (PNP) Regional Training Center 17. Balintawak Barangay Hall Site Banale 18. Banale Elementary School Site 19. Pagadian City Comprehensive National High School Site 20. Association for Islamic Development (AID) Site Bogo 21. Bogo Elementary School Site 22. Bogo Barangay Site Bomba 23. Bomba Elementary School Site 24. Bomba Barangay Hall Site Buenavista 25. Buenavista Elementary School Site 26. Buenavista Barangay Site Bulatoc 27. Bulatoc Elementary School Site 28. Bulatoc Barangay Hall Site 29. Medina College 30. Proposed Bus Terminal Expansion Site 31. Proposed Food Terminal Area 32. United Church of Christ in the Philippines (UCCP) 33. Bersales Convention Center Dao 34. Dao Elementary School Site 35. Dao Barangay Hall Site 36. Additional Regional Center Site 37. Proposed City Resettlement and Housing Site 38. PADAP Compound 39. Lingap Center 40. Proposed Bus Terminal Expansion Site Dumagoc 41. Dumagoc Elementary School Site 42. Dumagoc Barangay Hall Site 43. Dumagoc Slaughterhouse Site 44. Pagadian City Water District (PCWD) Well Gatas 45. City Hall Complex 46. Gatas Barangay Hall Site 47. Plaza Luz 48. PJC High School 49. Southern Mindanao Colleges (SMC) High School Annex and Gymnasium 50. Southern Baptist Church 51. Community Baptist Church Kawit 52. Kawit Elementary School Site 53. Kawit Barangay Site 54. Kawit Barangay Market Site 55. Zamboanga del Sur School of Arts and Trades (ZSSAT) 56. City Christian Church Lenienza 57. Lenienza Elementary School Site 58. Lenienza Barangay Hall Site 59. Bureau of Jail Management and Penology (BJMP) Site 60. Lenienza Nursery and Poultry/Swine Breeding Center Sites Lumbia 61. Lumbia Elementary School Site 62. Camp Abelon-PNP Provincial Headquarters 63. Lumbia Barangay Hall/Institutional Site 64. Pagadian Metro Hospital 65. Iglesia ni Cristo (INC) Church Muricay 66. Muricay Elementary School Site 67. Muricay Barangay Site 68. Muslim Mosque Napolan 69. Napolan Elementary School and High School Sites 70. Napolan Barangay Site Palpalan 71. Palpalan Elementary School Site 72. Palpalan Barangay Hall Site Poloyagan 73. Poloyagan Elementary School 74. Poloyagan Barangay Hall Site San Francisco 75. Regional Offices Site (former City Central School Complex) 76. Pagadian City Gymnasium 77. DECS-Zamboanga del Sur Provincial Division 78. City Legislative Building 79. San Francisco Barangay Hall 80. Saint Columban College Complex 81. Saint Columban College Gymnasium 82. Pagadian Institute of Technology 83. Santo Nino Cathedral Site 84. CAMACOP Site 85. Pagadian City Medical Center 86. Saint Francis Clinic San Jose 87. City Central School Site 88. San Jose Barangay Site 89. City Engineer's Office Compound 90. Holy Child's Academy 91. San Jose Cathedral Site 92. United Church of Christ in the Philippines (UCCP) 93. Happy Church 94. Bible Believers' Baptist Church 95. Philippine Independent Church 96. Pagadian Chamber School 97. Jack and Jill Pre-School San Pedro 98. San Pedro Elementary School and High School (ZDSNHS Annex) Sites 99. San Pedro Barangay Hall Site 100. San Pedro Barangay Market 101. San Pedro Health Center 102. San Pedro Seventh Day Adventist Church 103. San Pedro Catholic Chapel 104. Saint Martin Clinic Santa Lucia 105. Santa Lucia Elementary School and High School (ZDSNHS Annex) Sites 106. Santa Lucia Barangay Site 107. Pagadian City Agora Complex 108. Santa Lucia Waste Management Center 109. Bureau of Fisheries and Aquatic Resources (BFAR) Office 110. Southern Mindanao Colleges 111. Borbon General Hospital 112. Roman Catholic Chapel 113. Muslim Mosque Santa Maria 114. Santa Maria Elementary School Site 115. Zamboanga del Sur National High School 116. Santa Maria Barangay Site 117. Pagadian City Montessori Pre-School Santiago 118. Santiago Elementary School Site 119. Roman Catholic Chapel 120. Muslim Mosque 121. Old Parking Area/Shopping Center 122. Philippine National Bank (PNB)-Illana Bay 123. Land Bank of the Philippines 124. Pagadian Port/Wharf Zone Santo Nino 125. Santo Nino Elementary School 126. Santo Nino Health Center 127. Santo Nino Barangay Hall 128. Various Purok Halls 129. Provincial Capitol Complex 130. Provincial Jail Site 131. Saint Columban Elementary School and High School Site 132. Department of Agriculture Site 133. Santo Nino Barangay Market 134. Pagadian City Grace Gospel Church of Christ, Inc. 135. Seventh Day Adventist Church 136. Church of Christ 137. CAMACOP 138. United Church of Christ in the Philippine (UCCP) Tiguma 139. Tiguma Elementary School Site 140. Tiguma Barangay Site 141. Tiguma Barangay Hall 142. National Food Authority (NFA) Site 143. Zamboanga del Sur-1 Electric Cooperative (ZAMSURECO-1) Sub-Station 144. Casa EMSA Tuburan 145. Tuburan Elementary School Site 146. Tuburan Barangay Hall Site 146. Zamboanga del Sur Provincial Hospital 148. Pagadian College of Criminology and Sciences 149. The Church in Pagadian City White Beach 150. White Beach Elementary School 151. White Beach Barangay Hall Site 7. INDUSTRIAL ZONE Industrial Areas in the urban core shall be located in the proposed Provincial Industrial Center at Barangays Bomba, Napolan and Poloyagan and the Tiguma Industrial Zone (industrial corridor in the National Highway going to the cities of Ozamiz and Cagayan de Oro), but not including the Tiguma PCWD Springs and their vicinity. 8. TOURISM ZONE Tourism Sites in the urban core shall include the following: 1. Small Dao-Dao Islet Proposed Tourist Resort at Dao-Dao Beach Proposed Beach Resort at White Sand Beach Reforestation Area in Banale and Dao Proposed Mountain Resort I in Dao-Banale-Kagawasan-Kahayagan-Palpalan Mountain Range Proposed Mountain Resort II Cable Car Proposed Eco-tourism Parks as mentioned in the General Land Use Plan section. 9. PARKS/RECREATION AND OPEN SPACES Parks/Recreational and open spaces in the urban core shall include the following: City Hall Park and Open Spaces Open Space in the Regional Offices Complex Track and Field Oval in De Siete and Sabellano Sts. Dao Rotunda AIRPORT ZONE The existing Pagadian City Airport, which is classified as a secondary airport is located at Barangay Muricay, about 5 km. from the CBD. The airport and its facilities shall be expanded and improved in order to be comparable to international airport standards. RECLAMATION/MIXED USE ZONE Reclamation/Mixed Use site shall be proposed in the Pagadian Seaport area. The site is bounded on the North by the existing Seaside Boulevard, on the West by the mouth of the River near Dumagoc Hill, South by seawater of Illana Bay up to the proposed Port of entry and East by mouth of Bulatok River. CEMETERY Cemetery areas shall be proposed in the following: Government/Private Cemetery/Memorial Park At Barangay Balintawak (Lot Nos. 5247-G, 5247-H, 5247-I, 5247-J & 5247-K). Government/Private Cemetery/Memorial Park At Barangay Manga/Dao [Sitio Mahayahay] (Lot Nos. 470A-470C, 462-469, 461A-461B, 451A 451B, 452-460). Muslim Cemetery - Lot 2 before Lot No. 4836 (about 8,750 square meters) and Lot No. 4810-C (about 3,525 square meters) situated in Barangay Banale and/or one (1) hectare portion of Lot No. 97, PLS-119, located at Barangay Tawagan Sur. TRANSPORTATION AND UTILITIES ZONE The existing port, located in the central part of the city shall be expanded and extended. The facility shall be transferred to the proposed Port of Entry, which will become an integral part of the Reclamation. The whole reclamation and port facility shall be under the Philippine Ports Authority Port Area Delineation Plan. The Integrated Bus and Jeepney Terminal (IBJT) at Barangay Bulatok along the North Diversion (By-pass) Road must be energized to be in full operation. An additional terminal shall be constructed at Barangay Dao west of the existing IBJT. No bus, jeepney and van terminal shall be allowed along the National Highway. Utility areas shall include the PCWD water resource stations ZAMSURECO I Sub-Stations, government and private telecommunications, including postal and telephone services sites. SOCIALIZED HOUSING AREAS Existing Socialized Housing Sites: 1. Nazareth Resettlement Site Alta Tierra Subdivision Sites in Napolan and Tiguma Upper Lumboy Home Owners Association Site Sunrise Village in Tiguma SALUMPCO Site Santo Nino Resettlement Site Pipeline Settlement Project Sites: PACIGEA Site and Services in Buenavista 2. Pagadian Resettlement Project III in Buenavista Proposed Sites for Socialized Housing: Tiguma Heights (3 hectares) Pagadian Lot at Bulatok Government Reserve Areas in Kawit, Muricay and White Beach Proposed Relocation Sites for Squatters: Pagadian Resettlement Project Phase I and II in Buenavista (10 hectares) Pagadian Resettlement Phase III in Buenavista (12 hectares) SOLID WASTE DISPOSAL AREA The Proposed Solid Waste Disposal Area shall be located in Napolan/Poloyagan covering Lot Nos. 6094, 6096, 6099 and 6100. (A Solid Waste Disposal Area is also proposed at Barangay Kalasan/Tulawas). The solid waste disposal area must be provided with a buffer strip of at least ten (10) meters on all sides (See Proposed Urban Land Use Map.). BUFFER ZONE A Buffer Area is proposed to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where NO DEVELOPMENT STRUCTURES ARE ALLOWED. A Buffer Area shall be located in Barangay Napolan, starting from the location of the Proposed Slaughterhouse in the northern area (near PCWD station vicinity) going northeast, where the river drains to Illana Bay and down to the southern coastal area ending at the Napolan-Bomba barangay boundary. The width of the Buffer Strip shall be at least ten (10) meters from the coastal line to inland. A Buffer Area shall be provided where there is a need to separate incompatible elements or uses to control pollution/nuisance which shall endanger the health, safety and welfare of the populace. The width of the Buffer Strip shall likewise be at least ten (10) meters on both or all sides. SLAUGHTERHOUSE AREA The Proposed Slaughterhouse Area shall be located in northeastern side of Napolan at Lot no. 5885, bounded on the West by PCWD Station and on the East by the starting point of the Proposed Buffer Strip. FISHPOND ZONE Fishpond areas in the urban core shall be located in some parts of Barangays Bulatoc, Dumagoc, Kawit, Muricay and Tuburan. AGRICULTURAL ZONE Agricultural Areas in the urban core shall be located as shown on the Proposed Urban Land Use Map. Section 11. Interpretation of Zone and District Boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid zones or districts as shown on the Official Zoning Map, the following rules shall apply: Where zone or district boundaries are so indicated that they follow approximately the center of streets or highways, street-lines, or highway right-of-way lines shall be construed to be the boundaries; Where zone or district boundaries are so indicated that they follow approximately the lot lines, such lot lines shall be construed to be the boundaries; Where zone or district boundaries are so indicated that they are approximately parallel to the center lines or street lines or streets, or the center lines or right-of-way lines of highways, such zone or district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated in the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on said zoning map; Where the boundary of a zone or district follows a river, stream or other bodies of water, or when the boundary of a zone follows the drainage divide, said boundary line shall be Deemed to be at a limit of the political jurisdiction of the community, unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries indicated, as approximately following the banklines of streams, rivers, canals, lakes or other bodies of water should be construed to follow such banklines. Boundaries indicated as parallel to, or extension of indicated features most specifically indicated in the zoning map shall be determined by the scale of the map; Where a zone or district boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated on the zoning map using the scale appearing on such maps; Where a lot of one (1) ownership, as of record at the effective date of this Ordinance, is divided be a zone or district boundary line, the lot shall be construed to be within the zone or 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 zone or district where the principal uses fall; Where a zone or district boundary is indicated as one (1)-lot deep, said depth should be construed to be the average lot depth of the lots involved within each particular municipal block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one (1)-lot deep zoning district provided the remaining portion has an area less than fifty (50%) percent of the total area of the entire lot. If the remaining portion has an area equivalent to fifty (50%) percent or more of the total area of the lot, then the average lot depth shall apply to the lot which becomes a lot divided and covered by two (2) or more different zoning districts, as the case may be; Where a zone or district boundary line is indicated in the zoning map, as one (1) block deep or a fraction thereof, such boundary line shall be scaled or determined by the CPDO; The textual description of the zone boundaries shall prevail over that of the official zoning maps. Article V ZONE AND DISTRICT REGULATIONS Section 12. General Provision. The uses enumerated in the succeeding sections are neither exhaustive nor all-inclusive. The Zoning administrator may subject to the requirements of this Article, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed. Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the locality with due regard to the maintenance of the essential qualities of the zone. Specific uses/activities of lesser density within a particular zone or district may be allowed within the zone or district of higher density but not vice-versa, nor in another zone or district and its sub-divisions, except for uses expressly allowed in the said zone or district. Section 13. Use Regulations in Low Density Residential Zone (R-1). An R-1 shall be used principally for housing/dwelling purposes so as to maintain the peace and quiet of the area within the zone with a density of 20 dwelling units and below per hectare. The following are allowable uses: Detached family dwelling Semi-detached family dwelling e.g. duplex, rowhouse Two-semi-detached family dwelling Customary accessory uses like: Servants quarter Private garage Guardhouse Private pet house Home Occupation for the practice of one's profession or for engaging an in-house business such as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that: The number of persons engage in such business/industry shall not exceed five (5), inclusive of the owner; There shall be no change in the outside appearance of the building or premises; No home occupation shall be conducted in any customary accessory uses cited above; No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and in a place other than in a required front yard; No equipment or process shall be use in such home occupation which creates noise, vibration, glare/fumes/odors or electrical interference detectable to the normal senses and visual or audible interference in any radio or television receives or causes fluctuation in line voltage off the premises. Home industry classified as cottage industry provided that: Such home industry shall not occupy more than thirty percent (30 %) of the floor area of the dwelling unit. There shall not be any change or alteration in the outside appearance of the dwelling unit and it shall not be a hazard/nuisance; Allotted capitalization shall not, exceed the capitalization as set by the Department of Trade and Industry (DTI); Shall consider same provisions as enumerated in letters c, d, and e of number 5, Home occupation of this section. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: Swimming pool Pelota court Mini-golf course Others Religious use Multi-Purpose Barangay hall Pre-school Sports club Clinic/nursing and convalescing home/health center Plant nursery Section 14. Use Regulation in Medium Density Residential (R-2) Zone. R-2 zones shall be for housing/dwelling Purposes i.e. 21 to 65 dwelling units per hectare. The following are the allowable uses: All uses allowed in R-1 zone Multi-family dwellings with not more than five (5) families residing Apartments of not more than five (5) doors Boarding houses of not more than five (5) boarders Dormitories Branch libraries and museums Elementary schools High schools Chapels, churches and other places of worship Small clinics, hospitals, nursing and convalescing homes with not more than five (5) bed capacity Drug stores Filling stations Service stations Home occupations as provided for R-I District except that not more than two (2) outside or hired helpers, assistants, or employees may be employed Parks and playgrounds for the community Backyard gardens and raising of pigs, poultry and other animals and fowls provided: They are for family consumption No undue noises shall be created. No foul smell shall be emitted. Other sanitary requirements enforced in the city must be complied with. Section 15. Use Regulation in High Density Residential Zone (R-3). R-3 zones shall be for housing/dwelling purposes i.e. 66 and above dwelling units per hectare. The following are the allowable uses: 1. All uses allowed in R-1 and R-2 Districts 2. Multi-family dwellings 3. Residential condominiums 4. Hotels 5. Motels 6. Pension Houses 7. Hometels 8. Hotel apartments or apartels 9. Apartments 10. Boarding houses 11. Dormitories 12. Pre-Schools 13. Elementary Schools 14. High Schools and Vocational Schools 15. Tertiary and Post-graduate Schools 16. Clinics, hospitals, nursing and convalescing homes with not more then fifty (50)-bed capacity. 17. Home occupations as provided for R-1 and R-2 Districts except that not more than five (5) outside or hired helpers, assistant employees may be employed 18. Clubhouses and lodges 19. Parking lots 20. Parking buildings Section 16. Use Regulations in Socialized Housing Zone (SHZ). A SHZ shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279. The following are the allowable uses: All uses allowed in R1, R2, and R3 Zones, as the case may be. Height Regulations in High Density Residential Zone. Height regulations of buildings in this zone shall exceed 9 - 12 meters in height or more and shall be subject to the provisions stipulated in the National Building Code and shall not exceed by the dominant treeline height in the vicinity of the proposed structure. Development Standards. Buildings or structures for human occupancy whether public or private and other allowable uses within high density residential area shall have a Floor Area Ratio of 0.6 - 08 (or less) and an Open Space Ratio of not lower than 0.4. Section 17. Use Regulations in Agricultural Zone (AZ). The Agricultural Zone shall be used principally for preservation and development of agricultural areas outside of Agricultural Development Zones (ADZ). It is designed for cultivation/fishing and pastoral activities e.g. fish farming, goat/cattle raising, cultivation of crops, ricefield, coconut plantation, etc. The following uses shall be allowed: 1. Cultivation, raising and growing of staple crops, such as rice, corn, camote, cassava and the like. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey raising and the like Customary support facilities such as palay dryers and rice threshers and storage barns and warehouses Ancillary dwelling units/farmhouses for tillers and laborers. Agricultural research and experimentation facilities such as breeding stations, fishfarms, nurseries, demonstration farms, etc. Pastoral activities such as goat raising and cattle fattening Home occupation for the practice of one's profession or engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that: Number of persons engaged in such business /industry shall not exceed five (5), inclusive of the owner. There shall be no change in the outside appearance of the building premises; No home occupation shall be conducted in any customary accessory uses cited above; No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be need for parking generated by the conduct of such home occupation shall be met off the street in a place other than the required front yard; No equipment or process shall be used in such occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises. Home industry classified as cottage industry e.g. mat weaving, pottery making, food preservation, etc. provided that: Such home industry shall not occupy more than thirty (30%) of floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance; Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry (DTI); Such shall consider same provisions as enumerated in letters c, d and e of Home Occupation, this section. Backyard raising of livestock and fowl, provided that: For livestock-a maximum of 10 heads For fowl- a maximum of 500 birds. Development Standards. Facilities within agricultural zones and have a Floor Area Ratio of 0.3 (or less) and an Open Space Ratio of not lower than 1.0. Nuisance Pollution. For all uses in the Agricultural Zones, effective measures against erosion, pollution of the air and/or waterways, and/or denudation of steep slopes (above 20% slope) must be undertaken and maintained to prevent them from becoming nuisance or hazard. Section 18. Use Regulations in Forest Zone (FZ). No development use or activity shall be allowed in the production forest zones unless consistent with the DENR's development regulations for forest zones and a permit, lease or license is issued by the DENR for the following: 1. Contract Reforestation with Forest Land Management Agreement (FLMA). 2. Commercial Tree Plantation and Industrial Forest Plantation (CTP/IFP). 3. Integrated Social Forestry Programs (ISF) 4. Community-based forest management 5. Reforestation compliance by forest users by Temporary Lease Agreement (TLAs) 6. Reforestation compliance according to pasture Lease Agreement 7. Ecological Revolution Programs (ECOREN) Allowable uses such as mining, infrastructure development, fishpond and agro-industrial purposes shall be in consonance with national policies as enumerated below: 1. Mining - No extraction, excavation or other mining activity shall be undertaken except in accordance with the Mining Code and its implementing rules and regulations. 2. Fish Pond purposes - Fishing activities within the forest zone shall be undertaken pursuant to the provisions of the Fisheries Code and its implementing rules and regulations and the revised Forestry Code of the Philippines as amended. 3. Infrastructure and Agro-Industrial development - Infrastructure and Agro-Industrial development shall be undertaken within forest zones consistent with the provisions of the Revised Forestry Code of the Philippines, as amended, and subject to an Environmental Impact Assessment (EIA), prior to the approval of such purposes in order to determine their environmental impacts and social acceptability. In the permanent protection forest zone, no cutting of trees or building of permanent structures is allowed. The following activities may be allowed, provided a permit to enter is secured from the office of the City Mayor, the MG-ENRO, or the CENRO. Nature trekking Mountaineering Nature and landscape photography Educational and Cultural fieldtrips Scientific investigations provided that, if specimen collections is involved the provision of existing laws shall apply. Observance of religious worship and similar rituals. Development Standards. It is the responsibility of all agencies concerned with enforcement and monitoring and all companies concerned with utilization of theses areas to report to the City their reforestation program to prevent abuses and unnecessary environmental damages. Sustainable Yields. All logging and lumber companies shall be responsible for the reforestation of their own areas to provide for a sustainable yield of future forest products. Pollution Control. For effective pollution control, all manufacturing industries must apply for locational clearance from the HLURB and EMB but only after receiving the approval of the city government through a resolution adopted by the Sangguniang Panlungsod. Section 26. Use Regulation in Heavy Industrial Zone (I -3). This district shall be mainly for manufacturing industries classified by the DENR and HLURB as pollutive and non-hazardous, pollutive and hazardous, pollutive and extremely hazardous, highly pollutive and hazardous and highly pollutive and non- hazardous as follows: Pollutive and non-hazardous (P/PH) a. Chocolate and cocoa factory b. Manufacture of furniture and fixtures primarily of metal c. Manufacture of motorcycles and bicycles Pollutive and hazardous (P/PH) like: a. Knitting mills b. Sawmills, planning and other wood mills c. Manufacture of containers and boxes of paper and paperboard Pollutive and Extremely hazardous (P/PH) like: a. Manufacture of paints, varnishes, lacquer paints, paint removers b. Manufacture of explosive and fireworks c. Manufacture of tires and inner tubes d. Manufacture of processed natural rubber not in rubber plantations Highly pollutive and hazardous (HP/H) like: a) Ice cream factory b) Preserving and canning of fruits and vegetables c) Manufacture of softdrinks and carbonated water d) Manufacture of desiccated coconut 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 Highly pollutive and extremely hazardous (HP/EH) like: a) Petroleum refineries b) Manufacture of synthetic resins, plastic materials and man-made fibers, except glass; c) Manufacture of industrial chemicals Section 27. Use Regulation in Transportation and Utilities Zone. In Transportation and Utilities Zone only the following uses shall be allowed: Bus and Jeepney terminals and other related facilities Heliport terminals and other related facilities Waste disposal and treatment plants (with conditions) Telephone and Telegraphic exchange and related facilities This section shall be covered by special ordinance. Section 28. Use Regulation in Mixed Land Use Zone. This section shall be covered by development agreements between land-owners/developers/LGU through community-based planning and zoning processes. Section 29. Use Regulation in Memorials/Shrines/Monuments. This section shall be covered by a special ordinance regulating building design/height/proportion, sinage, land-scaping and others, with preservation/conservation/restoration guidelines. Resettlement Areas. Such areas include resettlement sites for squatters, housing for the minorities, etc. which are created by virtue of presidential decrees, local ordinances, existing laws, rules and regulations promulgated by the National Housing Authority (NHA) and other concerned agencies. Residential Subdivision/Condominium/Townhouse. Location and other considerations shall be subject to Rules and Regulations of PD 957, BP 220 and other related laws implemented by the HLURB. Rice/Corn Mills (multi-pass). Location and other considerations shall be subject to Rules and Regulations on Rice/Corn Mills (multi-pass) promulgated by the HLURB. Sawmill. Location and other considerations shall be subject to Rules and Regulations on Sawmill promulgated by the HLURB. Slaughterhouse. Location and other considerations shall be governed by the Rules and Regulations promulgated by the National Meat Inspection Commission (NMIC). Tourist Sites. Location and other considerations shall be subject to the Rules and Regulations of the Philippine Tourism Authority (PTA). Public Warehouse. Location and other considerations shall be subject to the Rules and Regulations on Warehouse promulgated by the HLURB. The basic reason for the segregation of these uses from that of the regular uses is that: these special uses require thorough evaluation due to their impact on the environment. Article VII GENERAL ZONE AND DISTRICT REGULATIONS Section 33. Height Regulations in Areas other than R-1 and R-2. Height regulations of buildings in zones other than R-1 and R-2 shall be subject to the provisions stipulated in the National Building Code and shall not exceed by the dominant treeline height in the vicinity of the proposed structure. Section 34. Exemptions from Height Regulations in R-1 and R-2. Exempted from the imposition of height regulations in residential areas are the following: Towers, church steeples, water tanks and other utilities, and such other structures not covered by the height regulations of the National Building Code and not located within the aerodrome of the City Airport. Section 35. Beach Easement. Beach easement shall be imposed on beach areas, which shall be delineated 1.2 meters above the higher high water. Section 36. Area Regulations. Area regulations in all zones/districts shall conform to the minimum requirements of the existing codes such as: PD 957 - The "Subdivision and Condominium Buyers' Protective Law" BP 220 - "Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects" PD 1096 - The "National Building Code" Fire Code Sanitation Code Plumbing Code Structural Code Executive Order No. 648 Other laws promulgated by the Congress of the Philippines and relevant guidelines promulgated by the national agencies concerned. Section 37. Use Regulations in the City Fishing Grounds (CFG). Fishing will only be permitted within 15 kilometers from the general coastline as provided under paragraph (r), Section 131 of RA 7160. The following uses shall be allowed: Raising and Cultivation of Fish Cultivation of Oysters and other shelled animals and aquatic plants Research and Education Preservation and Conservation Activities Governmental Uses Section 38. Road Setback Regulations. The following road setback regulations shall be applied: Major Secondary Tertiary Zoning Thoroughfare Road Road Classification 30 m & above 6 m & below Diversion/ Provincial/ City/Barangay/ Railways City Subdivision Residential 10 10 3 Commercial 20 20 7 Industrial 30 25 10 Agriculture 20 20 7 Agro-Industrial 30 25 10 Institutional 20 20 10 Parks and Recreation 10 10 3 Forest 30 25 10 Special Uses Refer to specific guidelines Note: All units are in meters. Source: DPWH Section 39. Buffer Regulations. A buffer of at least three (3) meters shall be provided along the entire boundary length between two (2) or more conflicting zones allocating 1.5 meters from each side of the district boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of yard or open space. However, in order to separate critically incompatible elements or uses and to control pollution/nuisance, such as in a Water Zone or in a Solid Waste Disposal Area, a buffer strip of at least ten (10) meters must be provided. Section 40. Buildings, Parking Spaces, Open Spaces. The regulations set by this ordinance within each zone or district shall, unless otherwise provided, apply uniformly to each class or kind of land or structure as follows: No building, structure or land shall hereafter be used, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed or reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the zone or district in which it is located. No building or other structures shall hereafter be erected or altered contrary to the provisions of this ordinance or contrary to the requirements and standards of existing codes listed on Section 35. No part of a yard, off-street parking, loading space, 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, or loading space similarly required for any other building. No part of a yard, or part of a lot, off-street parking, loading space, or open space existing at the time of the passage of this ordinance shall be reduced in dimension to an area below the minimum requirements set forth herein. Visibility at Street Intersections - On a corner lot in any residential district, nothing shall be erected, placed or planted or allowed to grow in such a manner as to impede vision materially between a height of .75 meters above the centerline grade of intersecting streets in the area bounded by the street lines of such corner lots and a line joining points said street lines fifteen (15) meters from the point of intersection. Section 41. Specific Provisions in the National Building Code. Specific provisions stipulated in the National building Code (P.D. 1096) relevant to traffic generators, advertising and business signs, erection of more than one (1) principal structure, dwelling on rear lots, access yard requirements and dwelling groups, which are not in conflict with a the provisions of the Zoning Ordinance, shall be observed. Article VIII SUPPLEMENTARY REGULATIONS Section 42. Advertising and Business Signs. Advertising and business signs to be displayed or put up for public view in any of the districts herein enumerated must not distort the natural ambiance of a particular site and must comply with the ordinance/s and/or rules and regulations approved by the Sangguniang Panlungsod. Section 43. Conduct of Use or Activity. All uses or activities of a zone shall not be conducted in a manner that might be termed obnoxious, injurious or offensive to persons residing or conducting business in any zone or district of the City. All uses and operations within the City shall be subject to the Performance Standards detailed in Sections 43, 44, 45 and 46 of this Ordinance. No use shall be undertaken or maintained unless it conforms to these regulations. No building or land shall be used or occupied in any manner so as to create any dangerous, injurious, or otherwise objectionable fire, explosion, noise or vibration, smoke, dust, odor, airborne sand, materials in suspension such as droplets of paint or any other form of air pollutants, heat, cold, paint, electrical or other disturbance, glare, liquid or solid refuse or wastes, or other substances, or elements in such manner or in such an amount as to adversely affect the surrounding areas or adjacent promises. Failure to comply with any of these standards shall result in the immediate suspension of operations of the use involved until such time as the required corrections or safeguards shall have been instituted by the owner or management and accepted as adequate and satisfactory by the EMB and the City Zoning Administrator. Section 44. Air Quality. Smoke. The smoke emitted from any source, for a period totaling seven (7) minutes in any thirty - minute period, particularly when starting a new fire, shall have a density not greater than No.2 on the Ringlemann Chart. Dust, Dirt and Fly Ash. The emission of dust, dirt or fly ash from any source or activity, which will 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 grains per cubic meter to flue gas at stock temperature of 60 degrees centigrade nor to create a haze with opaqueness equivalent to or greater than No.1 on the Ringlemann Chart. Section 45. Water Quality. No sewage or industrial wastes dangerous to the public health, safety and general welfare shall be discharged into any public sewer system, natural waterway, or drainage channel. All sewage and industrial wastes shall comply with the pertinent requirements of the EMB. No sewage or industrial wastes shall ever exceed these standards. Acidity or alkalinity shall be neutralized to pH of 7.0 as a daily average on volumetric bases with a temporary variation from pH 5.0 to pH 10.0. Wastes shall not contain any insoluble substances in excess of 10.00 p.p.m (parts of million) or exceed a daily average of 5.00 p.p.m. Wastes shall not have a chlorine demand greater than 15 p.p.m. Wastes shall not contain phenol in excess of 5 p.p.m. Wastes shall not contain any grease or oil or any oily substances in excess of 300 p.p.m. or exceed a daily average of 10 p.p.m. Section 46. Noise Quality, Noise and Vibrations. All noise and vibration-producing machineries shall be enclosed by a building and shall be provided with effective noise silences or mufflers and be placed on shock absorbing mountings on suitable reinforced concrete footings and have open yards, to reduce all noises and vibrations to a reasonable minimum. Noises, which are objectionable due to intermittence, beat, frequency, or high pitch, shall not be allowed. All noise and vibration-producing machinery shall not be located closer than twenty (20) meters to any street or property line. This open yard shall be properly planted with dense trees and shrubs to serve as a buffer. Section 47. Other Standards. Glare and Heat. Glare and heat from any operation or activity shall not be allowed to be seen or felt from any point beyond the limit of the property. Fire and Safety Hazards. The storage and handling of flammable liquids, gases or explosives shall be done in the safest manner possible. All large bulk storage receptacles for any flammable liquid, gas or explosive shall be located not less than fifty (50) meters from any property line. Open Storage. All open storage of materials, equipments and the like shall be located outside of the required yards and the view of such open storage shall be screened from the street by solid walls or greenbelt planting strips. Radioactivity. No activity shall be permitted which emit harmful radioactivity at any point. Electrical Disturbance. No activity shall be permitted which causes noticeable electrical disturbance affecting the operation of any equipment located beyond the property line of said activity. Section 48. Application of Performance Standard. Upon receipt of a complaint of a possible violation of these performance standards from any person, the City Zoning Administrator or the City Mayor shall authorize the CPDC or any other qualified person to conduct an investigation to determine the facts of the case. Upon completion of the investigation, a complete report shall be provided to the City Zoning Administrator and the City Mayor. Section 49. Zoning Administrator Shall Make the Determination of Violation. Upon receipt of all pertinent facts, the City Zoning Administrator shall rule upon the matter. According to the facts of the investigation, he shall determine if there has been a violation of this Article. He may then pass a resolution ordering the discontinuance of the nuisance, or bring charges against the offending parties, or both remedies. Section 50. Responsibility of Owners or Operators. If on any occasion, any use or structure causes, through negligence or accident, a gross violation of these standards, requiring public expenses for its eradication and removal, the offending party shall pay all expenses incurred by the city government in the removal or correction of the violation. The offending party may also be required to pay damages to all persons adversely affected by such negligence or accident. Section 51. Basements, Streets and Other Lands Not Included in Any District. Should land, either street or public land or any portion thereof, do not appear in the Zoning Map as included in any district, the regulations provided for in this ordinance which are applicable to the most critical zone or district immediately adjacent to the land under consideration shall be applied to such land or portion thereof. Section 52. 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 a right-of-way (ROW) easement of at least four meters (4m.) wide leading to a public street. Two (2) or more residence, however, may be allowed to share a right-of-way easement if the width of the easement is six meters (6.0 m.). Section 53. Accessory Building. No accessory building shall be erected in any yard requirement and no separate accessory building shall be erected within 1.5 meters of any other building. Section 54. Erection of More Than One (1) Physical Structure. In any district where more than one (1) structure may be permitted to be erected on a single lot, the floor area ratio and other requirements of this ordinance shall be met for each structure as though it were erected on an individual lot. Section 55. Structure to have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing and for fire protection and shall have the required off-street parking. Article IX MITIGATING DEVICES Section 56. Temporary Use Permit. Temporary Use Permit shall be granted provided that: The Temporary Use Permit shall be valid for a maximum of one- (1) year subject to terms and conditions stipulated in the permit. Upon expiration of the temporary use permit, the project shall cease to operate. Any expense for the transfer/relocation of such project to another site shall be borne by the owner/operator. Development for the intended use of the zone within fifty (50) -meter radiuses from the project property line is not evident at the time of the application of the proponent or not programmed for the next five (5) years. In the issuance of the temporary use permit, environmental management measures shall be considered. Section 57. Deviation. The City Zoning Administrator may allow exceptions and variances or deviations from the provisions of the Ordinance only when the following terms and conditions exist: Requirements for Granting of Variance. The property is unique and different from other properties in the adjacent locality and because of its uniqueness; the owner/s cannot obtain a reasonable return on the property. This condition shall include at least three (3) of the following provisions: Conforming to the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) and is not self created. The proposed variance is the minimum deviation necessary to permit a reasonable use/return of the property. The variance will not alter the physical character of the zone or district where the property for which the variance is sought is located, and will not substantially or permanently injure the use of other property in the same district or zone. The variance will not weaken the general purpose and spirit of the Ordinance and will not adversely affect the public health, safety or welfare. The variance will be in harmony with the spirit of this Ordinance. Exceptions. The exception will not adversely affect the public health, safety and welfare and is in keeping the general pattern of development in the community. The proposed project shall support economic-based activities/provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the community. The exception will not adversely affect the appropriate use of adjoining property in the same district. The exception will not alter the dominant/essential character and general purpose of the district where the exception sought is located. The exception will not weaken the general purpose of the regulation established herein, for the specific district or zone. The exception will be in harmony with the spirit and purpose of the Ordinance. The exception is essential to maintain the functional design and architectural integrity of the development. The granting of variances and exceptions is necessary to reduce the possible harshness that may result from the enforcement of the Ordinance. Section 58. Procedure for Granting Exceptions and Variances. The procedure for the granting of an exception and/or variance is as follows: A written application for an exception or variance is filed citing the section of this Ordinance under which the same is sought and stating the ground/s thereof. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed project) shall be posted at the project site. The City Zoning Administrator shall conduct preliminary studies on the application. The applicant shall file a written affidavit of non-objection to the project with the owners of the properties adjacent to the project at least fifteen (15) days prior to the decision for exception/variance. In case of objection, the City Zoning Administrator shall hold a public hearing. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. The City Zoning Administrator shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing in case of any objection to the granting of exception/variance. Article X MISCELLANEOUS PROVISIONS Section 63. Existing Non-Conforming Uses and Buildings. All existing buildings and/or land uses lawfully/legally authorized under previous ordinances and regulations which do not conform to this ordinance at the time of its adoption or amendment, may be allowed to continue provided: That no such conforming use shall be enlarged, increased or extended to occupy a greater area of land than that already occupied by such use at the time of the approval and adoption of this Ordinance or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exits at the same time of the adoption of this Ordinance; That no such non-conforming use of land which ceased operation for more than one (1) year be again revived as a non-conforming use; An idle/vacant structure may not be used for a non-conforming activity; That any non-conforming structure, or structures under one (1) ownership, which has been damaged may be reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost; That should such non-conforming portion of a structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance; That such structure for non-conforming use may be enlarged or extended only if the entire building is thereafter devoted to conforming use; That no such non-conforming use shall be changed to another non-conforming use; That no such non-conforming use may be moved to displace any conforming use; That no such non-conforming structure may be enlarged or altered in a way which increase its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity; and That should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the district in which it is moved or relocated. Section 64. Responsibility for Administration and Enforcement. This Ordinance shall be enforced and administered by a City Zoning Administrator who shall be appointed pursuant to law and ordinance. The City Zoning Administrator shall be responsible for carrying out the provisions of this ordinance in the field as well as the enforcement of orders and decisions made pursuant thereto. Section 65. Limitation on the Appointment of a Zoning Administrator. The local chief executive shall appoint a City Zoning Administrator subject to HLURB qualifications; provided that no elective official shall ever be appointed as City Zoning Administrator. Furthermore, no person shall be appointed as City Zoning Administrator unless he/she possesses the following qualifications: A Filipino citizen and of good moral character; A duly registered Civil Engineer, Architect, Environmental Planner, a graduate in Urban and Regional Planning, a Law graduate, or a graduate of a four-year college degree, supplemented by at least eighteen (18) units of civil engineering, architecture, environmental planning or urban and regional planning; A member of good standing of a duly accredited organization of his profession for not less than two (2) years; Must have a planning or legal background for at least five (5) years prior to his/her appointment. 5. A holder of an appropriate license or a professional career service eligible. Section 66. Composition of the Office of the City Zoning Administrator. The Office of the City Zoning Administrator shall be composed of the following: City Zoning Administrator Assistant City Zoning Administrator Zoning Officer 2 Zoning Officer 1 Zoning Inspector 2 Zoning Inspector 1 Draftsman 1 Data Encoder 2 Clerk 2 Driver 1 Section 67. Powers and Functions of the City Zoning Administrator. The City Zoning Administrator shall have the following functions: 1. Act on all applications for locational clearances for all projects except those of vital and national economic or environmental significance as defined in HLURB Memorandum Circular No. 001, Series of 1981. Actions shall include the following: 2. Monitor on-going/existing projects within their respective jurisdictions and issue notices of violations and show cause orders to owners, developers, or managers of projects that are violative of zoning ordinances and refer subsequent actions thereon to the HLURB; 3. Call and coordinate with the Philippine National Police (PNP) for enforcement of all orders or processes pursuant to HLURB Memorandum Circular No. 006, Series of 1982; 4. Coordinate with the City Legal Officer for other legal actions/remedies relative to the foregoing. Adjudication. 1. Coordinate with the Regional Office of the HLURB, proposed amendments to the Zoning Ordinance prior to the adoption of the Sangguniang Panlungsod. Other Duties and Responsibilities. Receive fees/fines and remit the same to the appropriate government office pursuant to law or ordinance and subject to accounting/auditing law and rules. Perform such other duties and responsibilities incidental to the position and submit other reports or documents that may be required or necessary by virtue thereof. Section 68. Appointment of the City Zoning Administrator. Appointment of the City Zoning Administrator shall be in accordance with the provisions of this Ordinance but subject to national law, such as the Civil Service Law and Rules. Section 69. Processing Fee. Collection of fees and other charges is subject to the guidelines set by Local Tax Ordinances and/or other Rules and Regulations set by HLURB and/or appropriate government agencies. Section 71. Appeals. Any person aggrieved by the decision of the City Zoning Administrator concerning the interpretation, administration or enforcement of this Ordinance may appeal to the City Zoning Board of Appeals. Such appeal shall be taken within a reasonable time but not to exceed thirty (30) days from receipt of the notice of the decision or action taken by the Zoning Administrator. The City Zoning Administrator shall transmit to the Board all papers constituting the record upon which the action appealed was taken. The Board shall fix the date, time and place for the hearing of the appeal, give due notice to the parties and decide the same within a reasonable time but not exceeding sixty (60) days from filing of the notice of appeal. Section 72. Zoning Board of Appeals. An administrative board to be known as the City Zoning Board of Appeals is hereby created. Appeals from the decisions of the City Zoning Administrator shall be forwarded to the City Zoning Board of Appeals, which shall be composed of the following members: The City Mayor as Chairman The City Legal Officer The Chairman of the SP Committee on Planning, Housing, Subdivision and Landed Estates The City Assessor The City Engineer The City Planning and Development Coordinator City Zoning Administrator Two (2) representatives of the private sector nominated by their respective organizations and confirmed by the City Mayor. A quorum of five (5) members shall be necessary to do business. Decision of the Board of Appeals is definite and final and executory. Section 73. Vacancies in the Board. Members of the Board may be removed from office for a just cause and only after due process. Vacancies shall be filled up only for the unexpired term of the members affected. Section 74. Powers of the Zoning Board of Appeals. The City Zoning Board of Appeals shall have the power to: Hear and decide appealed cases where it is alleged that there is a substantial error in any decision, order, or determination made by the Zoning Administrator in the enforcement of this ordinance; Act on appeals; Grant variances and exceptions as provided for in this ordinance. Section 75. Procedure in the Zoning Board of Appeals. The Board shall adopt rules necessary to conduct its business. Meetings 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, who shall be chosen from among the members present there being a quorum, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question raised and shall keep a record of its official actions, all of which shall constitute a public record. Section 76. Interim Provision. In the interim period after the adoption of this Ordinance or in the absence of a regular appointee, the City Planning and Development Coordinator shall assume the duties and responsibilities of the City Zoning Administrator. Section 77. Review of the Zoning Ordinance. The Local Review Committee composed of the social sectoral experts (as defined in Volume 8, copy of Town Planning Guidelines and Standards, Review, Adoption and Approval Process) shall review the Zoning Ordinance considering the Comprehensive Master Development Plan (CMDP), as the need arises, based on the following reasons/situations: Change in local development plans; Introduction of projects of national significance; Petition for rezoning; and Other reasons which are appropriate for consideration. The Local Zoning Review Committee shall be headed by the City Mayor as Chairman and composed of the following, as members: City Zoning Administrator City Planning and Development Coordinator City Building Official Chairman of the Planning, Housing, Subdivision, and Landed Estates of the Sangguniang Panlungsod Representative of the Housing and Land Use Regulatory Board (HLURB) Two (2) representatives from the private sector. Section 78. Functions of the Local Review Committee. The Local Review Committee shall have the following powers and functions: Review the Zoning Ordinance for the following purposes: Determine what amendments or revisions are necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Master Development Plan; Determine what changes would have to be introduced in the Comprehensive Master Development Plan in the light of permits given, and exceptions and variances granted; Identify what provisions of the Ordinance have been difficult to enforce or are unworkable. Recommend to the Sangguniang Panlungsod the necessary legislative amendments and to the Office of the City Planning and Development Coordinator the needed changes in the Plan as a result of the review conducted. Provide information to the HLURB that would be useful in the exercise if its functions. Section 79. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a result of the review by the Local Review Committee shall be treated as amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be carried out through a resolution of three fourths (3/4) vote of the Sangguniang Panlungsod. Section 80. Rezoning. Any person or group of persons, natural or juridical, may apply for rezoning of zoned areas by submitting a petition, subject to evaluation and appropriate action by the City Zoning Administrator and the Local Review Committee and duly approved by the Sangguniang Panlungsod to be finally approved by the Sangguniang Panlalawigan. Approved rezoning of any area shall form part of the amendment to the Zoning Ordinance subject to public hearing and shall be reflected correspondingly in the Official Zoning Map. In addition to the foregoing, the Office of the City Zoning Administrator is hereby empowered to order the closure or stoppage of any project/activity being undertaken in violation of this ordinance. Any government employee who is found to have aided or assisted any person in the commission of any of the aforementioned acts shall be liable as provided for by this section. Section 82. Supplementary Effect of Other Laws and Decrees. The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letters of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Master Development Plan CY 2001-2020 of the City of Pagadian, Zamboanga Del Sur. Section 83. Separability Clause. If, for any reason or reasons, any part or provision of this Ordinance shall be held unconstitutional or invalid, other parts or provisions thereof which are not affected thereby shall continue to be in full force and effect. Section 84. Repealing Clause. All other local rules, regulations or ordinances or part or parts thereof which are in conflict or inconsistent with any of the provisions of this Ordinance are hereby repealed; provided, that the rights that are vested upon the effectivity of this Ordinance shall not be impaired. Section 85. Effectivity Clause. This ordinance shall take effect immediately upon approval by the Sangguniang Panlalawigan. ENACTED AND APPROVED by the Sangguniang Panlungsod (6th City Council) of Pagadian City on its 143rd Regular Session held on June 13, 2001 at the Sangguniang Panlungsod Session Hall. ROLANDO F. MORALES Board Secretary IV Acting Asst. Secretary to the Sanggunian VERIFIED: ROSELLER L. ARIOSA RUFINO O. AMOR Sanggunian Member Sanggunian Member Chairman Pro-Tempore Assistant Floor Leader (on official leave of absence) HENRITO G. DOGON MA. DINAH B. MARASIGAN Sanggunian Member Sanggunian Member BENJAMIN R. LANZADERAS SAMUEL S. CO Sanggunian Member Sanggunian Member (on official travel) TEODORO M. QUICOY MELCHOR M. PARAGUYA Sanggunian Member Sanggunian Member Floor Leader AUDREY B. CABATO ERNESTO A. MONDARTE Sanggunian Member Sanggunian Member (on official travel) FERNANDITO A. MONDARTE MARIANETTE H. MARCABAN Sanggunian Member Sanggunian Member ATTESTED: FLAVIANO R. FUCOY, JR. Vice Mayor Presiding Officer APPROVED: JOAQUIN G. PAJARES City Mayor Date:__________________