The Zoning Ordinance
The Zoning Ordinance
The Zoning Ordinance
Chapter 7
THE ZONING ORDINANCE
7.1 Introduction
Zoning is the division of a community into zones or districts e.g., commercial,
residential, industrial, institutional, etc. according to present and potential
uses of land to maximize, regulate and direct development in accordance
with the Comprehensive Land Use Plan of the community. It takes the form
of a locally enacted ordinance.
Zoning is concerned primarily with the use of land and the control of density
of population through imposition of building heights, bulk, open space and
density provisions in a given area.
7.2 Benefits
The benefits attributed to Zoning are as follows:
o Maximum, optimum use of land based on suitability/capability e.g., use of
prime agricultural land for agricultural purposes;
o Promotion of public health and safety through compatible arrangement of
various land uses e.g., residential area should maintain considerable
distance from industries;
o Preservation of desirable character and real estate values of the district or
zone; and,
o Promotion of the rational and orderly growth of the community.
Article III, Section 6. “The use of property bears a social function and all
economic agents shall contribute to the common good. Individuals and
private groups, including corporations, cooperatives and similar collective
organizations, shall have the right to own, establish and operate economic
enterprises subject to the duty of the state to promote distributive justice
and to intervene when the common good demands.”
Article XIII, Section 1. “The Congress shall give highest priority to the
enactment of measures that protect and enhance the right of all the
people to human dignity, reduce social and economic inequalities… to this
end, the state shall regulate the acquisition, ownership, use and
disposition of property and its increments.”
- where the land shall have substantially greater economic value for
residential, commercial or industrial purposes, as determined by the
Sanggunian concerned, provided that such reclassification shall be
limited to the following percentage of the total agricultural land area at
the time of the passage of the ordinance:
- the President may, when public interest so requires and such upon
recommendation of the National Economic and Development
Authority (NEDA), authorize a city or municipality to reclassify lands
in excess of the limits set in the next preceding paragraph; and,
It is hereby the policy of the government to foster the growth and renewal
of our communities, both rural and urban, in an integrative manner that
promotes optimum land use, adequate shelter, environmental protection,
utilization of appropriate technology and rational independence among
self-reliant communities.
Municipalities shall submit their land use plans, enforcement system and
implementing guidelines, including zoning ordinance to the Ministry of
Human Settlements through the HLURB for review and ratification.
- issues rules and regulations to enforce the land use policies on human
settlements as provided for in various Presidential Decrees and Letters
of Instructions, namely:
o Executive Order 72
1. Guide, control and regulate the future growth and development of Angeles
City in accordance with its Comprehensive Land Use Plan;
2. Define and delineate the land use for residential, commercial, industrial,
institutional, agricultural, open space and other functional areas within the
locality and promote the orderly and beneficial development of the same;
3. Promote and protect the environment, health, sanitation, safety, peace,
comfort, convenience and general welfare of the inhabitants in the
locality;
4. Provide adequate natural light and air ventilation, maximum privacy and
convenience of access to property;
5. Prevent undue concentration of activities that may collectively cause
undue harm to the City’s populace;
6. Regulate the location and use of buildings and lands in such a manner as
to avert the danger to public safety caused by undue interference with
existing or prospective traffic movements on such streets and
thoroughfares;
7. Provide safety from fire, pollution and other environmental hazards to life
and property; and,
8. Harmonize pertinent provisions of this Zoning Ordinance with existing
and/or relevant core edicts, executive orders, circulars, mandates and
development plans.
Section 3. General Zoning Principle. This Zoning Ordinance is based on the
approved Comprehensive Land Use Plan of Angeles City per Resolution No. _
dated _.
Article III
DEFINITION OF TERMS
Section 1. Definition of Terms. Words and phrases used in this Zoning
Ordinance are compiled and defined in Annex A which is made an integral
part of this Ordinance. The interpretation of technical terms shall carry the
same meaning given to them in already approved codes, rules and
regulations, such as, but not limited to, the National Building Code, Water
Code, Philippine Environmental Code, Code on Sanitation, National Pollution
Control Act of 1976, Urban Development and Housing Act of 1992 and other
Implementing Rules and Regulations, promulgated by the HLURB.
Article IV
ZONE CLASSIFICATIONS
Section 1. Division into Zones/Districts. To effectively carry out the
provisions of this Ordinance, the City is hereby divided into the following
zones or districts as shown in the Official Zoning Maps:
1. Settlement Area
1.1. Low Density Residential Zone (R-1)
1.2. Medium Density Residential Zone (R-2)
1.3. High Density Residential Zone/General Residential Zone (R-3)
1.4. Socialized Housing Zone (R-4)
2. Production Area
2.1. Agricultural Zone (AGZ)
2.2. Industrial Zone (IZ)
2.2.1. Industrial 1 (I-1)
2.3. Commercial Zone (GCZ)
2.3.1. Commercial 1 (C-1)
2.3.2. Commercial 2 (C-2)
3. Protected Area
3.1. Parks and Open Space
3.2. Watershed Reserve
3.3. River and Creek
3.4. Abacan River
4. Infrastructure Facilities
4.1. DMIA Complex
4.2. Institutional Facilities
4.3. Cemetery
4.4. Road Network
4.5. Railway
Section 2. Zoning Map. It is hereby adopted as an integral part of this
Ordinance, the Official Zoning Map for urban areas and for the whole City,
duly prepared by the Office of the City Planning and Development
Coordinator, wherein the designation, location and boundaries of the
districts/zones herein established are shown and indicated (Figure 7-1). The
Such Official Zoning Maps shall be signed by the City Mayor and attested by
the Secretary of the Sangguniang Panlungsod. The estimated areas of the
different zone categories are shown in Table 7-1.
MUNICIPALITY OF MEXICO
CLARK SPECIAL ECONOMIC ZONE
MUNICIPALITY OF MABALACAT
Chapter 7: ZONING ORDINANCE
LEGEND:
Protected Area Settlements Area
Abacan River Residential District 1 (R-1)
Open Space/Parks Residential District 2 (R-2)
Watershed Reserved Residential District 3 (R-3)
Commercial 1
Commercial 2
Special Use Zone
Industrial (I-1)
Chapter 7: ZONING ORDINANCE 7- 9
Table 7-1. The Estimated Areas and Distribution Share of the Various Zoning
Categories found in the Zoning Map of Angeles City, 2010-2020
% Share Over
Zones Area (Ha)
Total
Settlement Areas
R-1 270.99 4.36%
R-2 1,104.65 17.77%
R-3 1,015.19 16.33%
R-4 551.07 8.86%
Subtotal 2,941.90 47.32%
Protected Areas
Abacan River 145.22 2.34%
Cultivated Land 505.29 8.13%
Fishpond 12.48 0.20%
Open space, Park 109.89 1.77%
Orchard 36.36 0.58%
Watershed Reserve 496.58 7.99%
Subtotal 1,305.82 21.01%
Production Areas
C1 291.14 4.68%
C2 253.07 4.07%
I-1 225.50 3.63%
Industrial Tree Plantation 4.26 0.07%
Agricultural, Tropical Grass 483.67 7.78%
Subtotal 1,257.64 20.23%
Infrastructure Areas
Cemetery 56.07 0.90%
DMIA Complex 220.65 3.55%
Institutional Facility 91.22 1.47%
Local Roads 214.39 3.45%
Major Roads 119.04 1.91%
Railway 10.64 0.17%
Subtotal 712.01 11.45%
Article V
ZONE REGULATIONS
Section 1. General Provision. The uses enumerated in the succeeding
sections are neither exhaustive nor all-inclusive. The Local Zoning Board of
Adjustment and Appeals (LZBAA) shall, subject to the requirements of this
Article, allow other uses not enumerated hereunder provided that they are
compatible with the cause 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 (R-1) may be
allowed within the zone of higher density (R-2, R-3) but not vice versa, nor in
another zone and its subdivisions (e.g., C-1, C-2), except for uses expressly
allowed in said zones, such that the cumulative effect of zoning shall be intra-
zonal and not inter-zonal.
Section 2. Use Regulations in Settlement Areas.
1. Low Density Residential (R-1) Zone - shall be used principally for
housing/dwelling purposes so as to maintain the peace and quiet
environment of the area within the zone. The following are allowable uses:
2.2. Multi-family dwelling with not more than five families residing
2.3. Apartments of not more than five doors
2.4. Boarding houses accommodating not more than five boarders
2.5. Nurseries and day care centers
2.6. Branch libraries and museums
2.7. Chapels, churches and other places of worship
2.8. Home occupation as specified in R-1 zone except that not more than
five outside or hired helpers, assistants or employees may be
employed
2.9. Parks and playgrounds for the community
3. High Density Residential/General Residential (R-3) Zone - shall be used
for dwelling/housing purposes of high density. The following are the
allowable uses:
3.1. All uses allowed in R-1 and R-2 Zones
3.2. Multi-family dwelling
3.3. Residential condominiums
3.4. Hotels
3.5. Motels
3.6. Pension houses
3.7. Hometels
3.8. Hotel apartments or apartels
3.9. Apartments
3.10. Boarding houses
3.11. Dormitories
3.12. Elementary schools, high schools, and vocational schools
3.13. Branch libraries and museums
3.14. Clinics, hospitals, nursing or convalescing homes with not more
than 50 bed capacity
3.15. Drugstores
3.16. Home occupation as provided for in R-1 zone except that not
more than eight outside or hired helpers, assistants or employees
may be employed
3.17. Club houses and lodges
3.18. Backyard gardens and yards for raising pigs, poultry and other
animals and fowls, provided that:
3.18.1. They are undertaken only for family consumption
3.18.2. No undue noise is created by these pets and fowls
Non-pollutive/hazardous industries:
2.1.1. Manufacture of house furnishing
2.1.2. Textile bag factories
2.1.3. Canvass bags and other canvass products factory
2.1.4. Jute bag factory
2.1.5. Manufacture of miscellaneous textile goods, embroideries
and weaving apparel
2.1.6. Manufacture of fiber batting, padding and upholstery filling
except coir
2.1.7. Men and boys garment factory
2.1.8. Women and girls garment factory
2.1.9. Manufacture of hats, gloves, handkerchief, neckwear and
related clothing accessories
2.1.10. Manufacture of raincoats and waterproof outer garments
except jackets
2.1.11. Manufacture of miscellaneous wearing apparel except
footwear and those nec.
2.1.12. Manufacture of miscellaneous fabricated mill work and
those nec.
2.1.13. Manufacture of wooden and cane containers
2.1.14. Sawali, nipa and split cane factory
2.1.15. Manufacture of bamboo, rattan and other cane baskets and
wares
2.1.16. Manufacture of cork products
- Barber shops
- Sauna bath and massage clinic
- Dressmaking and tailoring shops
3.1.6. Restaurant and other eateries
3.1.7. Short term special education like:
- Dancing school
- School for self-defense
- Driving school
- Speech clinics
3.1.8. Storerooms and warehouses, but only as may be necessary
for the efficient conduct of the business
3.1.9. Hospitals, clinics, nursing and convalescing homes
3.1.10. Drugstores
3.1.11. Filing stations
3.1.12. Service Stations
3.2. C-2
3.2.1. All uses allowed in C-1
3.2.2. Repair shops like:
- House appliances repair shops
- Motor vehicles and accessory repair shops
- Home furnishing shops
3.2.3. Flower shops
3.2.4. Funeral/Embalming establishments
3.2.5. Cottage industries
3.2.6. Manufacturing industries certified as non-pollutive and non-
hazardous by the National Pollution Control Commission
3.2.7. Stockyards and slaughterhouses
3.2.8. Cold storage and warehouses
3.2.9. Bus terminals and car barns
3.2.10. Any uses incidental to any of the above enumerated uses
3.2.11. Rice and other grain mills
3.2.12. Concrete block factories
3.2.13. Lumber yards
3.2.14. Printing and publishing
3.2.15. Junk Shops
Article VI
GENERAL DISTRICT REGULATIONS
Section 1. Development Density. Permitted density shall be based on
the zones capacity to support development.
1. Settlement Area
1.1. Low Density Residential (R-1) Zone – 20 dwelling units and below per
hectare
1.2. Medium Density Residential (R-2) Zone – 21 to 65 dwelling units per
hectare
1.3. High Density Residential (R-3) Zone – 66 or more dwelling units per
hectare
2. All other zones
There is no fixed maximum density but should be based on the planned
absolute level of density that is intended for each concerned zone based
on the Comprehensive Land Use Plan.
Section 2. Height Regulations. Building height must conform to the height
restrictions and requirements of the Air Transportation Office (ATO), National
Building Code, Structural Code as well as all laws, ordinances, design
standards, rules and regulations related to land development and building
construction and the various safety codes.
1. R-1 - no building or structure for human occupancy whether public or
private shall be higher than 9.5 meters in height and contain more than
two storey. Church spires, belfries, cupolas, domes, chimneys, water
tanks, bulkheads and the like shall be limited in height only by their
design if constructed of incombustible materials. If made of combustible
materials, such structure shall be limited to a maximum six meters from
the established building height.
2. R-2 - no building or structure for human occupancy whether public or
private shall be higher than 13.5 meters in height and not contain more
than three storey.
3. R-3 - No building or structure intended for human occupancy whether
public housing and similar buildings or structures, shall exceed 15 meters
in height and shall not contain more than four storeys, however, no
4. Fire Code
5. Sanitation Code
6. Plumbing Code
7. Structural Code
8. EO 648
8. Other relevant guidelines promulgated by the national agencies concerned
9. R-1 - The lot area shall not be less than 450 square meters for both
single-family and two-family dwellings. The principle building and the
accessory building shall not cover more than 70 percent of the total area
of the lot.
10. R-2 - The lot area shall not be less 200 square meters for a single-family
dwelling; 280 square meters for a two-family dwelling, with a lot width of
not less than 12 to 15 meters. The principle building and the accessory
buildings, shall not be less than 150 square meters for a single-family
dwelling, 220 square meters for two-family dwelling, with a lot width of
not less than ten meters. All other types shall be provided with not less
than 30 square meters of lot area per family.
All buildings, including accessory buildings, shall cover not more than 60
percent of the total area of the lot.
11. R-3 - The lot area shall at least be 120 square meters for a single-family
dwelling; 150 square meters for a two-family dwelling.
12. R-4 - The lot area shall not be less than 80 square meters for a single-
family dwelling; 120 square meters for a two-family dwelling, with a lot
width of not less 24 square meters of lot area per family. All building
shall cover not more than 60 percent of the total area of the lot. At least
3.5% of the total land area should be planted with trees/plants for
ecological purposes.
13. C-1 - When a building is designed or intended to be used for purely
residential purposes, it shall have a lot area of not less than 100 square
meters for a single-family dwelling and not less than 160 square meters
for two-family dwelling. Business buildings in corner lots shall cover not
more than 90 percent of the total area of the lot and not more than 85
percent if they are on inside lots.
14. C-2 - When a building is designed or intended to be used or is used for
purely residential purposes, it shall have a lot area of not less than 100
square meters for a single-family dwelling and not less than 160 square
meters for two-family dwelling. Business buildings in corner lots shall
cover not more than 90 percent of the total area of the lot and not more
than 85 percent if they are inside lots.
The remaining area or open space should be used as parking space and
should be planted with trees/plants for ecological purposes.
Article VII
INNOVATIVE TECHNIQUES
Section 1. Innovative Techniques or Designs. For projects that promote
urban renewal, restoration works or, introduce flexibility and creativity of
design or plan such as but not limited to historic preservation, planned unit
development and similar developments, may be approved by the local
government through the office in charge of the city zoning administration.
Article VIII
PROJECTS OF NATIONAL SIGNIFICANCE
Section 1. Project of National Significance. A project may be declared by
the NEDA Board as project of national significance pursuant to Section 3 of
EO 72. When a project is declared as such, the locational clearance shall be
issued by the HLURB.
Article IX
TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT
Section 1. Traffic and Utilities Impact Study Requirement. The owner or
developer of a building or a mixed use development that has a total floor
area of at least 5,000 square meters shall be required to submit, as part of
the application for a building permit, a traffic and utilities impact study that
indicates the estimated volume and flow of vehicular traffic into and out of
the building or mixed use development, the impact of such vehicular traffic to
the immediate vicinity, corresponding traffic management procedures and
devices and the estimated impact of the building or mixed use development
on existing utilities.
Article X
LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-ECONOMIC AND
ENVIRONMENTAL SIGNIFICANCE
Section 1. Locational Clearance for Projects of Local Socio-Economic and
Environmental Significance. All projects that fall within the above project
classification shall be subjected to proper technical evaluation by all
concerned government agencies to include the Barangay Development
Council (BDC) and the City Development Council (CDC). Said evaluations
20. Race Tracks, Jai-Alai Centers, Lottery Centers, Casinos and all other forms
of Gambling Activities
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health
21. Planned Unit Development
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District, City Health Office
22. New Town Development
- Secure clearances from the Office of the City Planning and
Development Coordinator, City Engineer’s Office, Environmental
and Natural Resources Office, City Water District
Article XI
MISCELLANEOUS PROVISIONS
Section 1. Environmental Compliance Certificate (ECC). Notwithstanding the
issuance of locational clearance, no environmentally critical projects or
projects located in environmentally critical areas shall be commenced,
developed or operated unless the requirements of ECC have been complied
with.
Section 2. Subdivision Projects. All owners and/or developers of
subdivision projects shall, in addition to securing locational clearance, be
required to secure a development permit pursuant to the provisions of PD
957 and its implementing rules and regulations or BP 220 and its
implementing rules and regulations and in the case of socialized housing
projects in accordance with the procedures laid down in EO 71, series of 1993
and RA 7279 and its implementing rules and regulations.
Section 3. Performance Standards. All land uses, development, or
constructions shall conform to the following standards:
1. Noise and Vibrations – all noise and vibration-producing machinery shall
be enclosed by a building and shall be provided with effective noise-
absorbing materials, noise silencers and mufflers, an open yard planted
with dense trees as buffers. To minimize vibration, machinery should be
mounted on shock-absorbing mountings, such as cork set on reinforced
concrete foundations or a floating isolated foundation set on piles as
needed by the machinery.
2. Smoke - any smoke emitted from any source for a period aggregating
seven minutes in any given 30 minute time particularly when starting a
new fire, shall have a density that shall not be a cause for accidents or
shall not pose a threat to the health of the community and the same must
register an acceptable and safe rating based on the recommendations of
the DENR as concurred by the relevant offices under the local chief
executive (i.e., presently set at a density not greater than no. 2 in the
3. Funeral Parlors
3.1. Establishment of funeral parlors may be permitted in a medium
density commercial zone (C2) provided that they shall be located at a
minimum radial distance from the following: i) food establishments -
at least 25 meters away; ii) markets – at least 50 meters away; iii)
abattoirs, schools and hospitals – at least 200 meters away. A one-
way private road or alley of not less than three (3) meters with
corresponding entrance within the site of such parlor for the parking
of cars or cortege shall be provided.
4. Telecommunication Stations
4.1. Base stations and towers for cellular mobile telephone services,
public mobile telephone services, paging services, trunking services,
wireless local loops and other wireless communication services may
be located in residential, commercial, industrial, institutional,
agricultural and agro-industrial zones unless there are expressed
prohibitions under existing laws and regulations.
4.2. Their sound maintenance shall be the exclusive responsibility of the
applicant and/or the persons running them.
5. Cockpit Arena
5.1. They shall be located within the parks and recreation zone and have
at least a 200 meter radius away from residential, commercial and
institutional zones.
5.2. Adequate parking space should be provided for all its patrons.
5.3. Sanitary regulations should be complied with.
6. Piggery and Poultry
6.1. They must be located in agricultural and agro-industrial zones and
outside urban and major residential, commercial and institutional
zones.
6.2. They must be located at least 25 meters radius away from sources of
ground and surface drinking water.
6.3. Medium and large-scale piggery and poultry farms must be at least
1,000 meters away from built-up areas (residential, commercial,
institutional and industrial zones) while small-scale must be at least
500 meters away.
6.4. Piggery farms must be 500 meters away from major roads/highways
and poultry farms must be 200 meters away.
6.5. The site of medium to large-scale piggery and poultry farms must be
at least one kilometer away from one another to minimize pollution
and health hazards.
Article XII
ADMINISTRATION AND ENFORCEMENT
Section 1. Locational Clearance. All owners/developers shall secure
locational clearance from the city zoning administration or in cases of
variances and exemptions, from the local chief executive through the city
zoning administration and the City Development Council for review and
recommendation, respectively, prior to conducting any activity or
construction on their property.
Section 2. Building Permits. No building permit shall be issued by the
building official without a valid locational clearance in accordance with this
Ordinance.
Section 3. Building Occupancy Permits. No building occupancy permit
shall be issued by the building official without official validation/verification
from the city zoning administration.
Section 4. Non-Users of Locational Clearance. Upon issuance of a
locational clearance, the grantee thereof shall have one year within which to
commence or undertake the use, activity or development covered by such
clearance on his property. Non-use of clearance within said period shall
result in its automatic expiration, cancellation and the grantee shall not
proceed with his project without re-applying for a new clearance.
Section 5. Certificate of Non-Conformance. A certificate of non-conformance
shall be applied for by the owner of the structure or operator of the activity
involved within one year from the date of enactment of this Ordinance.
Failure on the part of the owner to register/apply for the said certificate shall
be considered in violation of the Zoning Ordinance and is subject to penalties.
The city zoning administration shall immediately notify owners of known
existing non-conforming use so they may apply for the said certificate.
Section 6. Grounds for Denial, Suspension, Revocation and/or Invalidation of
Locational Clearance, Final Approval and Development Permit, and Zoning
Certifications. The city zoning administration may order or direct denial,
suspension, revocation and/or invalidation of locational clearance, final
approval and development permit, and Zoning Certification on any of the
following grounds:
1. Incorrect or inaccurate information found in application.
2. Non-compliance with the terms and conditions of the locational clearance
or final approval and development permit.
3. Suspension or abandonment of the work so authorized in the locational
clearance or final approval and development permit at any time it has
commenced for a period of 100 days or more.
4. Unauthorized changes/modifications or alterations in the approved plans
and specifications and/or in the construction.
5. Failure to engage the service of a duly licensed civil or geodetic engineer
to undertake full time inspection and/or supervision in the implementation
of the project.
All payments made for the suspended, revoked and/or invalidated locational
clearance, final approval and development permit, and zoning certification
shall be forfeited in favor of the City.
Section 7. Existing Non-Conforming Uses and Buildings. The lawful uses of
any building, structure or land at the time of adoption or amendment of this
Ordinance may be continued, although such uses do not conform with the
provision of this Ordinance, provided:
1. That no such non-conforming use shall be enlarged or extended to occupy
a greater area of land than that already occupied by such use at the time
of the adoption of this Ordinance or moved in whole or in part, to any
other portion of the lot or parcel or land where such non-conforming use
exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more
than one year again be revived as non-conforming use.
3. That the total structural repair and alteration that may be made in a non-
conforming structure shall not, during its remaining lifetime, that is,
subsequent to the adoption of this Ordinance, exceed 25 percent of its
assessed value.
4. That any non-conforming structure, or structures under one ownership
which has been damaged maybe reconstructed and used as before
provided that such reconstruction is not more than 50 percent of the
replacement cost.
5. That should such non-conforming portion of structure be destroyed by any
means to an extent of more than 50 percent of its replacement cost at the
time of destruction, it shall not be reconstructed except in conformity with
the provisions of this Ordinance.
6. That no such non-conforming use may be changed to another non-
conforming use.
7. That no such non-conforming use maybe moved to displace any
conforming use.
8. That no such non-conforming structure may be enlarged or altered in a
way which increases its non-conformity, but any structure or portion
thereof may be altered to decrease its non-conformity.
9. 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 8. Deviations. Exception and variances or deviation from the
provision of this Ordinance may be allowed by the Zoning
Administrator/Official only when the following terms and conditions are
obtained:
1. Variances
1.1. The property is unique and different from the other properties in the
adjacent locality, and because of its uniqueness, the owner cannot
obtain a reasonable return from the property.
2. Exceptions
2.1. The exception will not adversely affect public health, safety and
welfare and is in keeping with the general pattern of development in
the community.
2.2. The exception will not adversely affect the appropriate use of other
properties in the same district.
2.3. The exception will not alter the essential character of the district
where the exception being sought is located, and will be in harmony
with the general purpose of the Ordinance.
2.4. The exception will not weaken the general purpose of the regulation
established for the specified district.
Section 9. Procedure for the Granting of Exceptions and Variances. The
procedure for the granting of an exception and/or variances is as follows:
1. A written application for an exception or variance is filed with the Zoning
Administrator/Official, indicating the section of this Ordinance under which
the exception or variance is being sought and stating the grounds thereof.
2. The Zoning Administrator/Official shall make preliminary studies on the
application. If the grounds for the request were found valid, the time and
place for the hearing shall be set.
3. A written notice of the public hearing shall be served to the applicant and
the owners of the properties adjacent to the property which is the subject
of the application, at least 15 days prior to the scheduled public hearing.
Notice of such hearing shall be posted on the property for which the
exception is being sought, at the City Hall, and in one other conspicuous
place at least 15 days prior to the said public hearing.
4. At the hearing, any party may appear in person, or by an agent or
attorney.
5. At the hearing, all interested parties shall be afforded the opportunity to
be heard and based on the evidence and testimonies prescribed, the
Section 12. Powers and Functions of the Zoning Administrator. The powers
and functions of the Zoning Administrator are the following:
1. Act on all applications for locational clearance for all projects by:
1.1. Issuing the corresponding certificate of zoning compliance for
projects conforming with the zoning regulation.
1.2. Granting or denying applications for temporary use, recommending
variances and exceptions.
1.3.Issuing certificates of non-conformance for non-conforming projects
lawfully existing at the time of the adoption of the Ordinance,
including clearances for repairs/renovations of non-conforming uses
consistent with the guidelines therefore.
1.4. Imposing appropriate condition(s) on all permits/clearances/
certificates consistent with laws, rules and policies laid down under
this Ordinance.
evaluation of the City Planning and Development Office and shall be carried
out through a resolution of 3/4 votes of the Sangguniang Panlungsod.
Section 23. Processing Fees. All processing fees shall be in accordance
with the schedule prescribed under the existing Amended Tax Code of the
City and shall be paid directly to the Office of the City Treasure.
Section 24. Penalty Clause. Any person, individual, entity, corporation,
partnership who violates any of the provisions of this Zoning Ordinance, shall,
upon conviction, be punished with a fine (refer to HLURB Resolution No. 760
dated 18 February 2004 adopted thru Angeles City Ordinance No. 151 Series
2004 dated 28 September 2004) and an imprisonment ranging from one (1)
month to six (6) months at the discretion of the Court.
Imposition of Administrative Fines. The Zoning Administrator or his duly
authorized representative may prescribe and impose fines not exceeding five
thousand pesos (P5,000.00) in the following cases:
1. Unauthorized change, modification or alteration during the construction in
the duly submitted plans and specifications which may violate any
provisions of the Zoning Ordinance.
2. Change in the existing use or occupancy classification of a
building/structure or portion thereof without the corresponding Certificate
of Change of Use.
In addition to the imposed fine, the owner/applicant shall correct or remove
his violations of the provisions of the Zoning Ordinance.
Section 25. Suppletory Effect of Other Laws and Decrees. The provisions of
this Ordinance shall be without prejudice to the application of other laws and
executive or administrative orders of national agencies with jurisdiction over
specific land areas, and shall remain in force and effect, provided that the
land use decision of the national agencies concerned shall be consistent with
the development plan of City.
Section 26. Business Permits and/or Licenses. As a suppletory provision
to the existing Amended Tax of the City, no business/mayor’s permit and/or
licenses of any kind shall be granted or issued in favor of any establishment if
such establishment is located in non-conforming areas or areas where such
business or establishment is not allowed under the provisions of this Zoning
Ordinance.
Section 27. Separability Clause. Should any section or provision of this
Ordinance be declared by the Courts to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or invalid.
Section 28. Repealing Clause. All other Ordinances, rules or regulations in
conflict with 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 29. Effectivity Clause. This Ordinance shall take effect upon
approval and immediately after satisfaction of the required publication in a
Approved:
Annex A
Definition of Terms
2. Agro-Industrial Zone (AIZ) - an area within the City intended primarily for
integrated farm operations and related product processing activities such
as plantation for bananas, pineapple, sugarcane, etc.
3. Buffer Area - these are yards, parks or open spaces intended to separate
incompatible elements or uses to control pollution/nuisance and for
identifying and defining development areas or zones where no permanent
structure are allowed.
14. Easement - open space imposed on any land use/activities sited along
waterways, road right-of-ways, cemeteries/memorial parks and utilities.
18. 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.
19. Floor Area Ratio (FAR) - is the ratio between the gross floor area of a
building and the area of the lot on which it stands, determined by
dividing the gross floor area of the building and the area of the lot. The
gross floor area of any building should not exceed the prescribed floor
area ratio multiplied by the lot area. The FAR of any zone should be
based on its capacity to support development in terms of the absolute
level of density that the transportation and other utility networks can
support.
20. General Commercial Zone (GCZ) - an area within the City for trading,
services or business purposes.
21. General Residential Zone (GRZ) - an area within the City for dwelling or
housing purposes.
22. General Zoning Map - a duly authenticated map delineating the different
zones in which the City is divided.
23. Gross Floor Area (GFA) - the GFA of a building is the total floor space
within the perimeter of the permanent external building walls, occupied
by:
o office areas
o residential areas
o corridors
o lobbies
o mezzanine
But excluding:
24. High Density Residential Zone (R-3) - an area within the City principally
for dwelling/housing purposes with a density of 66 or more dwelling units
per hectare.
28. Low Density Residential Zone (R-1) - an area within the City principally
for dwelling/housing purposes with a density of 20 dwelling units and
below per hectare.
29. Medium Density Residential Zone (R-2) - an area within the City
principally for dwelling/housing purposes with a density of 21 to 65
dwelling units per hectare.
32. Parks and Recreation Zone (PRZ) - an area designed for amusements and
for the maintenance of ecological balance of the community.
35. Setback - the open spaces left between the building and lot lines.
37. Urban Zoning Map - a duly authenticated map delineating the different
zones into which the urban area and its expansion area are divided.
39. Zone/District – an area within the City for specific land use as defined by
manmade or natural boundaries.
40. Zoning Administrator/Zoning Officer - a city government employee
appointed by the Mayor and who is responsible for the implementation/
enforcement of the Zoning Ordinance in the community.
41. Zoning Ordinance - a local legal measure that embodies regulations
affecting land use.
Annex B
SCHEDULE OF FEES
1. Locational Clearance
1.2. Apartments/townhouses
1.3. Dormitories
1.4. Institutional
1.7. Alteration/expansion
d. Certificate of registration
o Processing = P2,400
f. Certificate of completion
o Certificate = P180
o Processing = P2,400/ha.
regardless of density
a. Processing
o Land area = P6/m2
o No. of floors = P240/floor
o Building area = P4.80/m2
o Inspection = P14.40/m2 of GFA
d. Certificate of registration
o Processing = P2,400
e. License to sell
o Processing = P420
o Inspection = P14.40/m2 of GFA
g. Certificate of completion
o Certificate = P180
Subdivision
e. Certificate of registration
o Application
- Socialized housing = P350
- Economic housing = P600
h. Certificate of completion
o Certificate
- Socialized housing = P150
- Economic housing = P180
o Processing
- Socialized housing = P200/ha.
- Economic housing = P600/ha.
i. Occupancy permit
o Inspection (saleable floor area of the housing unit)
- Socialized housing = P5/m2
- Economic housing = P6/m2
Condominium
a. Preliminary approval and locational = P600
clearance
g. Certificate of Completion
o Certificate = P180
o Processing = P3.60/m2 of GFA
g. Certificate of completion
o Industrial = P420/ha.
regardless
of location
o Commercial = P600/ha.
regardless
of location
g. Certificate of completion
o Certificate = P180
o Processing = P1,200/ha.
o Inspection
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium = P14.40/m2 of
GFA
o Inspection
(Projects already inspected for PALC application may not be
charged inspection fee)
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium = P14.40/m2 of
GFA
e. Licenses to sell
- Memorial projects = P60/2.5m2
Apartment type = P24/unit
- Cemeteries = P24/tomb
- Columbarium = P60/vault
o Inspection
- Memorial projects = P1,200/ha.
- Cemeteries = P600/ha.
- Columbarium -
current
processing fees
b. Other certifications
o Zoning certifications = P600/ha.
o Certificate of non-conformance = P1,000
o Certification of town plan/ = P180
zoning ordinance approval
o Certification of new rights/sales = P180
o Certificate of registration (form) = P180
o License to sell (form) = P180
o Certificate of creditable = P180
withholding tax (maximum of five
lots per certificate)
o Others, to include:
- Availability to records/public = P240
request
- Certificate of no records on = P240
file
- Certification of with or without = P240
CR/LS
- Certified photocopy of documents (report size):
a. Dealers/brokers = P600
b. Salesmen/agents = P240
a. Registration of HOA
o Articles of incorporation = P780
o By-laws = P780
o Books = P240
b. Amendments
o Articles of incorporation = P600
o By-laws = P600
Application for CR/LS with DP issued by LGUs shall be charged
inspection fee
e. Other certifications:
o Inspection (CMP projects) = P600/ha.
a. Filing = P1,200