ORDINANCE NO: 2008-273
Sponsor: Committee on Planning and Landed Estates
"AN ORDINANCE AMENDING CITY ORDINANCE NO. 2008-273, OTHERWISE KNOWN AS THE CITY COMPREHENSIVE ZONING ORDINANCE OF 2001, PARTICULARLY ARTICLE IV, SECTION 6, A (8), B (12 and 14), SECTION 9; SECTION 10-A and 10-B (6A & B), 11, 12, 13 AND 14; ARTICLE V, SECTIONS 14, 15, 22 AND 29; ARTICLE VII, SECTION 33, 36 AND 40; ARTICLE VIII, Section 47; AND ARTICLE XI, SECTION 67 AND 76, THEREOF"
Be it ordained by the Sangguniang Panlungsod (9th City Council) of Pagadian City in session assembled, that:
SECTION 1. - Paragraph A (Proposed General Land Use Zone) of Section 6, Article IV, is hereby amended by adding/inserting thereat Item No. 8 the phrase: "Marine Protected Area"; and Paragraph B (Proposed Urban Zoning) of the same section by rephrasing Item No. 12 from "Cemetery" to "Memorial Park/Cemetery" and Item No. 14 from "Socialized Housing Area" to "Residential Subdivision Areas."
SECTION 2. - a) Section 9 and Section 10, Article IV, are hereby interchanged and amended to read as follows:
"Section 9. Urban Core. The Proposed Urban Zoning Planned Area (UZPA) shall be composed of the following Districts/Barangays: Balangasan, Balintawak, Banale, Bogo, Bomba, Buenavista, Bulatok, Dao, Dumagok, Gatas, Kawit, Kagawasan, Lenienza, Lumbia, Manga, Muricay, Napolan, Palpalan, Poloyagan, San Francisco, San Jose, San Pedro, Santa Lucia, Santa Maria, Santo Nino, Tawagan Sur, Tuburan, and White Beach."
"Section 10. Urban and General Zoning/Zone 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."
b) Paragraphs A (Proposed General Land Use Zone) and B (Proposed Urban Zoning) as provided under City Ordinance No. 2001-194 shall correspondingly be carried over under Section 10 as part of this Ordinance.
SECTION 3. - There shall be included among the items under Paragraph A, Section 10 of Article IV, the following statements:
"Marine Protected Area - is an area between Dao-Dao Island and Bomba which has to be protected from fishing and other activities."
SECTION 4. - Item No. 6, paragraph B (Proposed Urban Land Use Zone), Section 10 of Article IV, is amended and shall hereafter be read as:
"6. Institutional Areas:
Institutional Areas in the urban core shall include, among others, the following:
Existing-
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 Complex (including Pag-IBIG Office)
7. Philippine National Bank
8. Department of Public Works and Highways (DPWH) Complex
9. Land Transportation Regional and District Offices/Bureau of Telecommunications Site
10. Zamboanga del Sur Maritime Institute of Technology (ZSMIT) Campus
11. Pagadian Community Hospital (Jamellarin)
12. Fatima Parish Church
13. Bible Baptist Church
14. Church of Jesus Christ of Latter Day Saints (Mormon Church)
15. Bureau of Fire Protection (BFP)
Balintawak
16. Balintawak Elementary School Site
17. Philippine National Police (PNP) Regional Training Center
18. Balintawak Barangay Hall Site
Banale
19. Banale Elementary School Site
20. Pagadian City Comprehensive National High School Site
21. Association for Islamic Development (AID) Site
Bogo
22. Bogo Elementary School Site
23. Bogo Barangay Site
Bomba
24. Bomba Elementary School Site
25. Bomba Barangay Hall Site
Buenavista
26. Buenavista Elementary School Site
27. Buenavista Barangay Site
28. Nazareth Elementary School
29. Nazareth Public Agora/Multi-Purpose Building
Bulatoc
30. Bulatoc Elementary School Site
31. Bulatoc Barangay Hall Site
32. Medina College
33. United Church of Christ in the Philippines (UCCP)
34. Seventh Day Adventist Church
35. Iglesia ni Cristo Church
Dao
36. Dao Elementary School Site
37. Dao Barangay Hall Site
38. Additional Regional Center Site at PADAP Compound
39. PADAP Compound (Bureau of Equipment; Provincial Engineer's Office; Provincial Division, Department of Education; Zamboanga del Sur Medical Center)
40. Lingap Center
Dumagoc
41. Dumagoc Elementary School Site
42. Dumagoc Barangay Hall Site
Gatas
43. City Hall Complex
44. City Health Office
45. Gatas Barangay Hall Site
46. PJC High School
47. Southern Mindanao Colleges (SMC): High School Annex, Gymnasium and Engineering Building
48. Southern Baptist Church
49. Community Baptist Church
50. Government Service Insurance System Sub-Regional Office
51. Iglesia Evangelica Metodista en las Islas Filipinas (IEMELIF)
52. Allied Bank
53. China Bank
54. PS Bank
55. Hofile a Clinic
Kawit
56. Kawit Elementary School Site
57. Kawit Barangay Site
58. Kawit Barangay Market Site
59. Zamboanga del Sur School of Arts and Trades (ZSSAT)
60. City Christian Church
61. CAMACOP
Lenienza
62. Lenienza Elementary School Site
63. Lenienza Barangay Hall Site
64. Bureau of Jail Management and Penology (BJMP) Site
65. Department of Agriculture Regional Field Office No. IX
66. Department of Agrarian Reform IX
Lumbia
67. Lumbia Elementary School Site
68. Camp Abelon-PNP Provincial Headquarters
69. Lumbia Barangay Hall/Institutional Site
70. Pagadian Metro Hospital
71. Iglesia ni Cristo (INC) Church
72. Rural Bank of Tangub City, Inc.
Muricay
73. Muricay Elementary School Site
74. Muricay Barangay Site
75. Muslim Mosque
Napolan
76. Napolan Elementary School
77. Napolan National High School
78. Napolan Barangay Site
Palpalan
79. Palpalan Elementary School Site
80. Palpalan Barangay Hall Site
Poloyagan
81. Poloyagan Elementary School
82. Poloyagan Barangay Hall Site
San Francisco
83. Regional Offices Site (former City Central School Complex)
84. Pagadian City Gymnasium
85. DepEd-Regional Office IX
86. City Legislative Building
87. San Francisco Barangay Hall
88. Saint Columban College Complex
89. Saint Columban College Gymnasium
90. Santo Nino Cathedral Site
91. CAMACOP
92. Pagadian City Medical Center
93. Saint Francis Clinic
94. Union Bank
95. Equitable PCI-Bank
96. BPI - Family Bank
97. Metro Bank (1)
98. Rizal Commercial Banking Corporation
99. Zamboanga del Sur Cooperative Bank
100. PEN Bank
101. Kapatagan Valley Bank
102. Quedancor
San Jose
103. City Central School Site
104. San Jose Barangay Site
105. City Engineer's Office Compound (also houses Office of the City Building Official and COMELEC)
106. Holy Child's Academy
107. San Jose Cathedral Site
108. United Church of Christ in the Philippines (UCCP)
109. Happy Church
110. Bible Believers' Baptist Church
111. Pagadian City Chamber School
112. Jack and Jill Pre-School
San Pedro
113. San Pedro Elementary School
114. Zamboanga del Sur National High School (Annex)
115. San Pedro Barangay Hall Site
116. San Pedro Health Center
117. San Pedro Seventh Day Adventist Church
118. San Pedro Catholic Chapel
119. Cabahug General Hospital
Santa Lucia
120. Santa Lucia Elementary School
121. Zamboanga del Sur National High School (Annex)
122. Santa Lucia Barangay Site
123. Pagadian City Agora Complex
124. Bureau of Fisheries and Aquatic Resources (BFAR) Office
125. Philippine Ports Authority (PPA) Zone
126. Southern Mindanao Colleges (College Department and Graduate School)
127. Borbon General Hospital
128. Roman Catholic Chapel
129. Muslim Mosque
130. First Valley Bank
131. Metro Bank (2)
132. One Network Bank
Santa Maria
133. Santa Maria Elementary School Site
134. Zamboanga del Sur National High School (Main)
135. Santa Maria Barangay Site
136. Pagadian City Montessori Pre-School
Santiago
137. Santiago Elementary School Site
138. Roman Catholic Chapel
139. Muslim Mosque
140. Santiago Barangay Hall
141. Philippine National Bank (PNB)-Illana Bay
142. Land Bank of the Philippines
143. Philippine Ports Authority (PPA) Zone
144. Philippine Coast Guard Office
145. United Coconut Planters' Bank (UCPB)
Santo Nino
146. Santo Nino Elementary School
147. Santo Nino Health Center
148. Santo Nino Barangay Hall
149. Provincial Capitol Complex, including Capitol Gymnasium
150. Provincial Jail Site
151. Saint Columban Elementary School
152. Saint Columban High School
153. Provincial Office - Department of Agriculture
154. Santo Nino Barangay Market
155. Pagadian City Grace Gospel Church of Christ, Inc.
156. Seventh Day Adventist Church
157. Church of Christ (Hamilton)
158. CAMACOP
159. United Church of Christ in the Philippine (UCCP)
Tiguma
160. Tiguma Elementary School Site
161. Tiguma Barangay Site
162. Tiguma Barangay Hall
163. National Food Authority (NFA) Site
164. Casa Emsa
165. Pagadian Convention Center
166. Seven Day Adventist Church
167. Pentecostal Church/Assembly of God
168. CAMACOP
Tuburan
169. Tuburan Elementary School Site
170. Tuburan Barangay Hall Site
171. Zamboanga del Sur Provincial Hospital
172. Pagadian Capitol College
173. The Church in Pagadian City
174. Seventh Day Adventist Church
175. Grace Gospel Church of Christ (TCM, Inc.)
White Beach
176. White Beach Elementary School
177. White Beach Barangay Hall Site
Proposed:
1. The City Government of Pagadian shall have a site for the Regional Center at Balintawak to locate the regional offices of national government agencies in Zamboanga Peninsula Region (ZAMPEN Region). It shall not be less than thirty (30)-hectares.
Areas within the vicinity of the thirty-hectare regional center site, at least within a five hundred meter-radius, shall be reserved for the regional center.
2. Saint Columban College (SCC) Expansion Sites (at Barangay Buenavista and Banale).
3. Pagadian Capitol College Additional Campus (at Barangay Bulatok).
4. Eastern Mindanao College of Technology (at San Jose District).
5. Pagadian Technological and Maritime Sciences (at Balangasan District).
SECTION 5. - Item No. 11 (Reclamation/Mixed Use Zone) of Section 10, Article IV, is amended by adding the herein paragraph after the first paragraph:
"Areas fifty (50) meters on both sides of J.P. Rizal Avenue/National Highway from F. Duterte Street at Gatas District on the East to the point of intersection of J.P. Rizal Avenue and B.F. Arao Avenue (By-Pass Road) at Balintawak on the West shall be for compatible residential-institutional-commercial-industrial uses."
SECTION 6. - Item Nos. 12 (Cemetery) of Section 10 Article IV is amended to read as follows:
"12. Memorial Parks/Cemetery
Existing
Government Cemetery Site at Tuburan District.
Roman Catholic Cemetery at Tuburan District.
Pagadian City Memorial Gardens (Pielago) at Lumbia.
Chinese Cemetery at Bulatok.
Chrysanthemum Memorial Gardens (within the Chinese Cemetery Zone) at Bulatok.
Pagadian Memorial Gardens (GSL) at Balintawak.
Proposed
Government/Private Cemetery/Memorial Park at Barangay Manga/Dao (Sitio Mahayahay) at Lot Nos. 470A to 470C, 462-469, 461A-461B, 451A to 451C.
Muslim Cemetery - Lot 2 before Lot No. 4836 (about 8,750 square meters) situated at Barangay Banale and/or one hectare portion of Lot No. 97 Pls 119 located at Barangay Tawagan Sur.
Pryce Memorial Gardens - portion of Lot No. 6129-E-1, Psd 09055304 (50,000 square meters or 5 hectares) at Barangay Poloyagan.
Golden Jen Memorial Gardens, Lot Nos. 5856-C, Psd 82440, and 5856-D, Psd 82440 (31,739 square meters or 3.1739 hectares) at Barangay Buenavista.
SECTION 7. - Item No. 13 (Transportation and Utilities Zone) of Section 10, Article IV is hereby amended to read as follows:
"13. TRANSPORTATION AND UTILITIES ZONE. - a) City Port. - 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.
b) Bus, Jeepney and Van Terminals.
1) The Integrated Bus, Jeepney and Van Terminal (IBJVT) at Barangay Bulatok along B.F. Arao Avenue (By-Pass Road) must be expanded to accommodate all buses, jeepneys and vans plying routes outside of the city.
2) No bus, jeepney and van terminals shall be allowed along the National Highway (J.P. Rizal Avenue) and within the C-II (Central Business District), particularly in the areas bounded by M. Cabrera Street on the North; by M. Dablo Street on the South; by J. S. Alano Street on the East; and F. Duterte Street on the West.
3) The City Government shall establish a Jeepney and/or Van Terminal within the vicinity of the Public Agora at the Government Reserved Area to serve jeepneys and/or vans plying routes within the bounds of the city.
4) Parking along any city road or street beyond fifteen minutes in order to wait for, load, or unload passengers/cargoes shall not be allowed.
c) Pagadian City Airport. The Pagadian City Airport at Barangay Muricay must be improved. Its terminal building and related facilities must be expanded and improved. Its runway must be widened and extended in order to accommodate bigger aircrafts.
d) Utility Areas. Utility areas shall include the PCWD water resource stations, ZAMSURECO I Main and Sub-Stations, government and private telecommunications, including postal and telephone services sites."
SECTION 8. - Item No. 14 (Socialized Housing Areas) of Section 10, Article IV, is hereby amended in whole and shall hereafter read as follows:
"14. Residential Subdivision Areas. Residential subdivision areas shall include, among others, the following:
Government/Government Initiated
All Lot Only
17.5 hectare- Sto. Nino Resettlement Site at Sto. Nino District
Nazareth Resettlement at Sitio Nazareth, Barangay Buenavista
Muslim Resettlement Site for Rebel Returnees at Barangay Muricay
Muslim Resettlement site at Kawit District
PACIGEA Sites and Services in Sitio Nazareth, Barangay Buenavista
Private
Lot Only
Paglaum 1 & 2 HOA/R.C. Bishop's Subdivisions (Lumbia)
Sunrise Village (Lenienza)
Banker's Village (Sto. Nino)
Asuelo Subdivision (Sta. Maria/Lumbia)
Asia Land (Bulatok)
Bersales Heights (Bulatok)
Muslim Village HOA (Banale)
Bay View Heights- SALUMPCO Homeowners
Ballesteros Subdivisions (Balangasan)
Alagenio Subdivision (Banale)
De Claro Subdivisions
Villarin Subdivisions (Banale)
Diana Subdivision (Banale)
Yongco, et al (Kawit)
San Jose Heights HOA
Lower Lomboy HOA (Bulatok)
ZAMSURECO-I Tiguma Employees (Golden Heights)
Puerto Subdivisions
PACIFEMCO Heights I (Bulatok)
PACIFEMCO Heights II (Buenavista)
PAJARES Subdivision (Tuburan)
PAJARES Subdivision (San Jose)
Kagawasan Village II (Yu)
Buena Vista Subdivision (Engr. Jose A. Tan)
Palpalan Village (Yu)
House & Lot
Alta Tierra I (Napolan)
Alta Tierra II (Tiguma)
Alta Tierra III (Tiguma)
Mutual Executive Homes (Bulatok)
Lorenzo Heights Subdivision (Manga)
Vista del Cielo (Dao)
Villa Hermosa Subdivision (Banale)
Rosario Homes (Dao)
NJK Subdivision - (Dao)
NJK Subdivision - Kawit (Yongco Village)
NJK Subdivision - Balintawak
NJK Subdivision - Buenavista
NJK Subdivision - Baloyboan
Kagawasan Village I
Vettalea Highland Homes (Dao-Manga)
Baloyboan Village
Green Meadow Heights I (Baloyboan)
Green Meadow Heights II (Buenavista)
Other subdivisions shall be allowed subject to compliance with all standards, rules and regulations of the Housing and Land Use Regulatory Board (HLURB) for residential subdivisions under Presidential Decree No. 957, otherwise known as the Subdivision and Condominium Buyer's Protective Decree, and Batas Pambansa Bilang 220, otherwise known as the Socialized Housing Act. The 20% Socialized Housing requirement pursuant to Section 18 of Republic Act No. 7279 shall strictly be complied with. "
SECTION 9. - There shall be added among the 19 items enumerated in Section 10, Article IV, Item No. 20 as follows:
"20. MARINE PROTECTED AREA
Marine Protected Area shall be located between Big Dao-dao Island and Barangay Bomba."
SECTION 10 - There shall be added among the 16 item enumerated in Section 14, Article V, the Item No. "17 Internet Cafes" and in Section 15 the Item No. "21. Videoke bars/houses."
SECTION 11. Section 16 of Article V is amended to read as follows:
"Section 16. Use Regulations in Residential Subdivisions. Residential subdivisions shall comply to the appropriate standards, rules and regulations under Presidential Decree No. 957 (Subdivision and Condominium Buyers' Protective Decree), and Batas Pambansa Bilang 220 (Socialized Housing Act), with Republic Act No. 7279 (Urban Development and Housing Act). At least twenty percent (20%) of the total subdivision area shall be set aside for socialized housing in compliance to Section 18 of Republic Act No. 7279.
Physical Standard Regulations in R1, R2, and R3 Zones. Height regulations of buildings shall be subject to the provisions stipulated in Section 33 of the Zoning Ordinance.
Development Standards. Buildings or structures for human occupancy, whether public or private, and other allowable uses in residential areas shall follow the provisions of P.D. No. 957 and B.P. Blg. 220, as the case may be, and such other pertinent laws."
SECTION 12. "Development Standards" in Section 22, Article V, is amended and shall hereafter be read as:
"Development Standards. C-2 Zone (Central Business District) shall be considered a Fire Zone. No construction, repair, renovation or improvement using light (combustible) materials shall be allowed. Existing non-conforming buildings or buildings using light materials before the passage of this Ordinance may be allowed repair, renovation or improvement only to the extent of thirty percent (30%) of the total project cost.
Buildings or structures principally used for quasi-trade, business activities and services industries within the C-2 (Central Business District) shall comply with the appropriate standards, rules and regulations as provided by pertinent laws and/or ordinances.
SECTION 13. Section 29 of Article V is amended to read as follows:
"Section 29. Use Regulation in Memorial Parks/Cemeteries/Shrines/ Monuments. This section shall be covered by the Standards, Rules and Regulations implementing memorial parks/cemeteries/shrines/monuments of the Housing and Land Use Regulatory Board (HLURB) and such other laws relevant thereto, such as, but not limited to Presidential Decree No. 856 (Sanitation Code of the Philippines) and Presidential Decree No. 1096 (National Building Code) on building design, height, proportion, signages, landscaping and others, and the like."
SECTION 14. Section 33, Article VII, is amended and shall be read as follows:
"Section 33. PHYSICAL STANDARDS REGULATIONS. - a. Height Regulations - The height regulations of buildings set by this Ordinance within each zone or district shall be the following, to wit:
R- 1 (Low Density Residential Zone) - No building or structure for human occupancy, whether public or private, shall exceed nine and one-half meters (9.5 m.) in height and shall not contain more than two storeys. There shall be no limitations for other structures, such as church spires, belfries, cupolas, chimneys, water tank, bulkheads, and the like;
R-2 (Medium Density Residential Zone) - No building or structure intended for human occupancy, whether public or private, shall exceed thirteen and one-half meters (13.5 m.) in height and shall not contain more than three storeys;
R-3 (High Density Residential Zone) - No building or structure intended for human occupancy, whether public or private, except public housing (e.g., condominium) and similar buildings or structures, shall exceed fifteen meters (15 m.) in height and shall not contain more than four storeys; however, no building shall be built to a height exceeding one and one-half times the width of the street upon which the building abuts. Buildings may exceed the above height provided that the portion of the building higher than one and one-half times the width of the street is set back from every street and/or line one meter for each six meters (6 m.) or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for distance of forty meters (40 m.) along the narrower intersecting street;
4) C-2 (Central Business District) and C-1 (Prospective and Potential Commercial District) - There shall be no limitations except that no building shall be built to a height exceeding one and one-half times the width of the street upon which the building abuts. A building may exceed the above height provided that the portion of the building higher than one and one-half times the width of the street is set back from every street and/or lot line one meter for each six meters (6 m.) or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for distance of forty meters (40 m.) along the narrower intersecting street;
5) I-1 District (Non-Pollutive Industrial Uses) - There shall be no limitations except that no building shall be built to a height exceeding one and one-half times the width of the street upon which the building abuts. A building may exceed the above height provided that the portion of the building higher than one and one-half times the width of the street is set back from every street and/or lot line one meter for each six meters (6 m.) or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for distance of forty meters (40 m.) along the narrower intersecting street;
In areas that may be declared by the CIVIL AREONAUTICS ADMINISTRATION/AIR TRANSPORTATION OFFICE (CAA/ATO) as along its traffic routes, the building height shall be governed by ATO regulations.
I-2 (Pollutive Industrial Zone) - There shall be no limitations except that no building shall be built to a height exceeding one and one-half times the width of the street upon which the building abuts. A building may exceed the above height provided that the portion of the building higher than one and one-half times the width of the street is set back from every street and/or lot line one meter for each six meters (6 m.) or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for distance of forty meters (40 m.) along the narrower intersecting street. Height limitations of buildings on certain zoned areas such as airplane flight paths, areas of historical significance shall be imposed. These shall be based on set standards."
b. Area Regulations - The area regulations set by this Ordinance pursuant to the provisions of existing codes and other pertinent laws within each zone/district shall be the following, to wit:
R-1 Zone/District - The lot shall not be less than two hundred square meters for a single-family dwelling; three hundred square meters for a two-family dwelling, with a lot width of sixteen meters. The principal building and the accessory building shall not cover more than 70% of the total area of the lot.
R-2 Zone/District - The Lot area shall not be less than one hundred eighty square meters for a single-family dwelling; two hundred forty square meters for a two-family dwelling, with a lot width of not less than ten to twelve meters. The principal building and the accessory building shall not be less than one hundred square meters for a single family dwelling; one hundred sixty square meters for a two-family dwelling, with a lot width of not less than eight meters. All other dwelling types shall be provided with not less than twenty-four square meters of lot area per family.
All buildings, including accessory buildings, shall cover not more than sixty percent (60%) of the total area of the lot.
R-3 Zone/District - The lot area shall not be less than one hundred square meters for a single-family dwelling; one hundred sixty square meters for a two-family dwelling, with a lot width of not less ten to twelve meters. The principal building and the accessory building shall not be less than one hundred (100) square meters for a single family dwelling; one hundred sixty (160) square meters for a two-family dwelling, with a lot width of not less than eight meters. All other dwelling types shall be provided with not less than twenty-four (24) square meters of lot area per family.
All buildings, including accessory buildings, shall cover not more than sixty percent (60%) of the total area of the lot.
In Residential Zones/Districts, every building hereafter erected shall comply with the following regulations:
Yards - It shall be provided with:
a-1) A front yard with a depth of not less than three (3) meters;
a-1) Side yards, one on each side of the building, which shall have a combined width of not less than twenty percent (20%) of the width of the lot, although it need not exceed eight (8) meters, and provided that, in no case, shall side yards be less than two (2) meters; and
a-3) A rear yard which shall have a depth of not less than ten percent (10%) of the depth of the lot, provided that such rear yard shall not be less than three (3) meters, although it need not exceed eight (8) meters.
Lot Area Per Family - It shall provide a lot area of not less than ninety (90) square meters for each family. The principal building shall not cover more than fifty percent (50%) of the area of the lot.
The above regulation shall not include those in housing subdivisions, under Batas Pambansa Bilang 220 (Socialized Housing Act) and/or Presidential Decree No 957 (Subdivision and Condominium Buyers' Protective Decree).
C-1 Zone/Districts - When a building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than one hundred (100) square meters for a single-family dwelling and not less than one hundred sixty (160) square meters for a two-family dwelling. Business buildings in corner lots shall cover not more than ninety percent (90%) of the total area of the lot and not more than eighty-five percent (85%) if they are on inner lots.
C-2 Zones/Districts - When a building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than one hundred (100) square meters for a single-family dwelling and not less than one hundred sixty (160) square meters for a two-family dwelling. Business buildings in corner lots shall cover not more than ninety percent (90%) of the total area of the lot and not more than eighty-five percent (85%) if they are on inner lots.
In Business Districts, every building hereafter erected shall comply with the following regulations:
a) Yards - No front yard or side yard is required, but it shall have a rear yard of not less than ten percent (10%) of the average depth of the lot, and, in no case, be less than three (3) meters, although it need not exceed eight (8) meters, provided, however, that in the case of corner or through lots, an equivalent area of open space which shall abut any lot line may be substituted in lieu of the required yard, and provided, further, that the least dimension of the open space shall be at least equal to the depth of the required yard.
b) Residential Buildings in Business Districts - When a building in a business district is designed or intended to be used, or is used for purely residential purposes, the regulation in residential zones/districts as to area per family, the percentage of the buildable area, front yard, side yard, and rear yards shall be complied with.
In-1 Zones/Districts - When a building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than one hundred (100) square meters for a single-family dwelling and not less than one hundred sixty (160) square meters for a two-family dwelling. Business buildings in corner lots shall cover not more than ninety percent (90%) of the total area of the lot and not more than eighty-five percent (85%) if they are on inner lots.
All buildings including accessory buildings shall cover not more than eighty percent (80%) of the entire area of the lot.
In-2 Zones/Districts - When a building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than one hundred (100) square meters for a single-family dwelling and not less than one hundred sixty (160) square meters for a two-family dwelling. Business buildings in corner lots shall cover not more than ninety percent (90%) of the total area of the lot and not more than eighty-five percent (85%) if they are on inner lots.
All buildings including accessory buildings shall cover not more than seventy percent (70%) of the entire area of the lot.
In Industrial - 1 Zones/Districts, every building hereafter erected shall comply with the following regulations:
a) Yards - No front yard or side yard is required, but it shall have a rear yard of not less than ten percent (10%) of the average depth of the lot, and, in no case, be less than three (3) meters, although it need not exceed eight (8) meters.
b) Residential Buildings in Industrial -1 Zones/Districts - When a building in an Industrial - 1 zone/district is designed or intended to be used, or is used for purely residential purposes, the regulation in residential zones/districts as to area per family, the percentage of the buildable area, front yard, side yard, and rear yards shall be complied with.
In Industrial - 2 Zones/Districts, every building hereafter erected shall comply with the following regulations:
Yards - No front yard or side yard is required, but it shall have a rear yard of not less than ten percent (10%) of the average depth of the lot, and, in no case, be less than three (3) meters, although it need not exceed eight (8) meters.
Residential Buildings in Industrial - 2 Zones/Districts - When a building in an Industrial - 2 zone/district is designed or intended to be used, or is used for purely residential purposes, the regulation in residential zones/districts as to area per family, the percentage of the buildable area, front yard, side yard, and rear yards shall be complied with.
c) Exception to Area Regulations - A single-family dwelling may be constructed on any lot, however small, existing and of record at the time of the approval of these regulations, provided the yard and other requirements of these regulations, subject to the exception provided for in subsections d and e of this section, are complied with.
d) Exception to Yard Regulations - Every part of a required yard shall be open from its lowest point to the sky and shall not be obstructed except:
For the ordinary projections of sills, belt courses, cornices, coves, fire escapes, and other such architectural features, provided that none of the above-mentioned structures shall project more than one meter and twenty centimeters at any point into the minimum yard.
For uncovered porch, terraces, steps of stairs, provided that none of these structures shall project without one (1) meter of the lot line.
e) Modifications - In case of substandard lots, the following yard requirement shall be as follows:
For every one (1) meter, or fraction thereof, for which a lot that is existing and of record at the time of the approval of these regulations, is narrower than twelve (12) meters in width, twenty (20) centimeters may be deducted from the required minimum width of any side yard, as follows:
Width of the Lot Side Yard Required
From 11.00 m. to 11.99 m. 1.80 meters
From 10.00 m. to 10.99 m. 1.60 meters
From 9.00 m. to 9.99 m. 1.40 meters
From 8.00 m. to 8.99 m. 1.20 meters
From 5.00 m. to 7.99 m. 1.00 meter
This reduction may be provided that no side yard shall be narrower than one (1) meter; provided, that where the width of a lot is below twelve (12) meters, one side yard may be made narrower and the two (2) side yards are not less than the sum of the width of the required side yards and the narrower side yard is not less than one (1) meter in width; and provided further, that the exception to side yard regulations shall apply to yards of buildings of not more than two (2) storeys.
For every one (1) meter or fraction thereof, for which a lot that is existing and of record at the time of the approval of these regulations, is shallower than fourteen (14) meters in depth, twenty-five (25) centimeters may be deducted from the required minimum depth of the rear yard, as follows:
Depth of Lot Back Yard Required
From 13 m. to 13.99 m. 2.75 meters
From 12 m. to 12.99 m. 2.50 meters
From 11 m. to 11.99 m. 2.25 meters
From 10 m. to 10.99 m. 2.00 meters
From 9 m. to 9.99 m. 1.75 meters
From 8 m. to 8.99 m. 1.50 meters
This reduction may be provided that in no case shall the rear yard be less than one-and-a-half (1 1'2) meters in depth. Nothing in this subsection shall be interpreted as to reduce the buildable widths of the main building on any substandard lot of record and of separate ownership at the time of the approval of these regulations to less than five (5) meters, or the buildable depth of the building of less than eight (8) meters.
New buildings to be constructed which are designed and intended for churches, schools, public or private, hospitals, sanitariums, or the like, shall provide a minimum front yard of six (6) meters in depth. For every storey above the second storey there will be a corresponding increase of one (1) meter in width of every side yard and one-and-a-half (1 ?) meters in the depth of the rear yard."
SECTION 15. Section 36, Article VII, is amended and shall be read as follows:
"Section 36. Other Physical Standards Regulations. Other physical standards regulations in all zones/districts shall conform to the minimum requirements of the existing codes, such as, but not limited to:
Presidential Decree No. 957 - The "Subdivision and Condominium Buyers' Protective Decree"
Batas Pambansa Bilang 220 - (Socialized Housing Act) "Promulgation of Different Levels of Standards and Technical Requirements for Economic and socialized housing Projects"
Presidential Decree No. 1096 - The "National Building Code of the Philippines"
Presidential Decree No. 856 - The "Sanitation Code of the Philippines"
Presidential Decree No. 1185 - The "Fire Code of the Philippines"
R.A. No. 7920 - "Electrical Code of the Philippines"
Plumbing Code of the Philippines
Structural Code of the Philippines
Executive Order No. 648
Other laws promulgated by the Congress of the Philippines and relevant guidelines promulgated by the concerned national agencies.
SECTION 16. - Paragraph 2 of Section 40 (Buildings, Parking Spaces, Open Spaces), Article VII is likewise amended by changing the word: "Section 35" to "Section 36."
SECTION 17. - There shall be added among the five (5) "Other Standards" in Section 47, Article VIII, of City Ordinance No. 2001-194, the following:
6. Air space above a river/stream. The air space above a river or stream maybe utilized for purpose of interconnecting river banks to facilitate access only but not for residential or commercial purposes.
The bridge shall not be used for commercial, residential or similar activity.
The bridge shall be constructed with the prime consideration of the safety of the users.
7. Overpasses Across Jose P. Rizal Avenue and Major City Streets. The City of Pagadian shall include in its future plans the construction of overpasses across Jose P. Rizal Avenue (National Highway) and major city streets for the purpose of easing pedestrian traffic and providing safety to pedestrians."
SECTION 18. - a) Paragraph 3 under Other Duties and Responsibilities, Section 67, Article XI, shall become Paragraph 4, thus Paragraph 3 shall read as follows:
"3. Subject to national law, act as deputy of the Sangguniang Panlungsod in subdivision processing/enforcement.
4. 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 19. - Section 76, (Interim Provision) Article XI, is amended to read as follows:
"Section 76 - Interim Provision. In the interim period after the adoption of this Ordinance or in the absence of a regular appointee, the local chief executive shall deputize a city government official with the rank of department head to assume the duties and responsibilities of the City Zoning Administrator. As such, he shall receive monthly honorarium pursuant to the appropriate budget memorandum/circular, subject to the usual accounting and auditing rules and regulations."
SECTION 21- This Ordinance shall take effect immediately upon its approval.
ENACTED AND APPROVED by the Ninth City Council of Pagadian City during its 32nd Regular Session held on March 25, 2008 at the Sangguniang Panlungsod Session Hall.