Dhsud Zoning Rules, Regulations, Guidelines, Requirements & Procedures

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DHSUD ZONING RULES,

REGULATIONS,
GUIDELINES,
REQUIREMENTS
& PROCEDURES
The authority of the DHSUD to issue
locational clearances for locally – significant
projects is hereby devolved to cities and
municipalities with comprehensive land use
plans reviewed and approved in accordance
with this Order.

Section 3.
Plan Implementation. – (a)

EXECUTIVE ORDER
NO. 72
ZONING ORDINANCE
ARTICLE X
ADMINISTRATION AND ENFORCEMENT

Section 39 Locational Clearance.

All owners/developers shall secure


LOCATIONAL CLEARANCE from the Zoning
Officer or in cases of variances and exemptions,
from the Local Zoning BOARD OF APPEALS
(LZBA) prior to conducting any activity or
construction on their property/land.
ZONING ORDINANCE
ARTICLE X
ADMINISTRATION AND ENFORCEMENT

Section 40 . Building Permit.

THE LOCAL BUILDING OFFICER SHALL


ISSUE NO BUILDING PERMIT WITHOUT
A VALID LOCATIONAL CLEARANCE IN
ACCORDANCE WITH THIS ORDINANCE.
ZONING ORDINANCE
ARTICLE X
ADMINISTRATION AND ENFORCEMENT

Section 37 Powers and Functions of a


Zoning Administrator/ZONING
OFFICER

1. Enforcement

2. Planning
Section 37 Powers and Functions of a Zoning
Administrator/ZONING OFFICER
1. Enforcement
A. Act on all applications for locational clearances for all projects.
1. Issuance of Locational Clearance for projects conforming with zoning
regulations.
2. RECOMMEND TO THE LOCAL ZONING BOARD OF APPEALS (LZBA) the grant or
denial of applications for variances and exemptions and the issuance of
Certificate of Non-Conformance for non-conforming projects lawfully existing at
the time of the adoption of the zoning ordinance, including clearances for
repairs/renovations on non-conforming uses consistent with the guidelines
therefore.

B. Monitor on-going/existing projects


C. Call and coordinate with the Philippine National Police for enforcement of all
orders and PROCESSES issued in the implementation of this ordinance.

D. Coordinate with the City Fiscal/Municipal Attorney for other legal


actions/remedies relative to the foregoing.
•A clearance issued to a project that is allowed under
the provision of Zoning Ordinance as well as other
standards, rules and regulations on land use.
•Authority granted by the commission pursuant to
applicable laws on land use planning and zoning for the
establishment or operation of projects of national
significance or any kind of development or activity on a
piece of land, or any project of local significance in any
locality without a Deputized Zoning Administrator (DZA)
•For the purpose of these rules, a Certificate of Zoning
Compliance (CZC), issued by the DZA (if any)
municipality shall partake the nature of locational
clearance.
Steps in Processing Locational
Clearance:
A . Initial Evaluation
1. completeness of requirement as per checklist (Regular or Special Project)

2. Consistency of documents
e.g. Deed of sale (name of applicant or Attorney in fact)
TCT – with lis pendens
- mortgage with banks
- covered with free patent (5 years restriction)
Special power of Attorney

3. Check Vicinity Map (clear picture of surroundings within a 100 or


500 meter radius especially for large projects)

4. Determine whether site inspection is needed


- project location in the zoning map
- site inspection is mandatory for industrial, commercial & SUP.
B. Site Inspection
1. Use Site Inspection Report form (standard form) – Annex D Project
Evaluation Report
2. Verify if there is pre development (violations are subject to Imposition of
Fine)
3. Countercheck the vicinity & site development plan
4. Verify the signatories (affidavit of non objection, etc.) if any
5. Interview immediate neighbours if warranted
6. Prepare narrative supplemented report, especially for large scale projects
or SUP (relate findings to standards and Z.O.)
C. Final Evaluation

1. Evaluate Site Inspection Report viz -a - viz CLUP / Z.O.


- Zoning Ordinance (ZO) number series and date of approval
- Zone boundaries of Z.O. where project is located

( Note: the text of the Z.O. will prevail over the map in case of

conflict)

- Refer to proposed land use maps and text of the CLUP

Urban Land Use -(Residential, Commercial

industrial, Parks and open Space)

General Land Use - (Built-Up, Agricultural, Open


Grassland, Forest)

Growth Node Areas – Secondary Growth Centers


2. Refer to Zone Regulations
(section 9 of Z.O.)
What are the allowable projects
per Zone?
4. Refer to the Rules and
Regulations according to the type
of project
(e.g. Minimum distance
requirements to the nearest
residential, etc.)
Example of minimum distance requirement:

Funeral Parlor

- 25 meters from restaurant, food


centers
- 50 meters from market
- 200 meters from schools,
hospitals, abattoirs
Cockpit

- outside town proper


- 200 meters from the national
highway
- 200 meters away from existing
residential, schools and other
public buildings
D. Preparation of Decisions
D.1 Locational Clearance (LC)
• Permanent in nature
• Conforming use – a use which is in accordance with the zone classification
as provided in the ordinance
e.g. Residential project located in a residential zone
• non-use of clearance within 1 year – automatic expiration
• Attach conditions for monitoring purposes.
• use-pro forma decision form (see sample)
D.2 Denial – disapproval or refusal
• The project is not conforming with the zone
(e.g. rice mill within residential zone)
• the project will adversely affect the health and safety of the residents
(e.g. Piggery –highly pollutive, highly hazardous)
• Use letter form or standard form (refer to sample decisions)
• Cite reasons for the denial
• (Note: the aggrieved party can file a motion for reconsideration or appeal
within the prescriptive period – Section 45 of the ZO, LZBAA)
• To be issued by LZBAA
D.3 Temporary Use Permit (TUP)
(duration is 1 year to 5 years, renewable yearly)
 project is not conforming with the zone, but the area is not yet built-up at
the time of application
 the project is already existing at the time of application in order to give the
proponent to recoup some of his investments
 some requirements have not been complied with
(e.g. DAR conversion)
 Use letter form or standard form(see sample denial decisions)
 To be issued by LZBAA
D.4 Certificate of Non-Conformance(CNC)
-certificate issued to owners of all uses existing
prior to the approval of the zoning ordinance
which do not conform in the zone as per
provision of said ordinance

• To be applied within 6 months from the ratification of the Z.O.


by the Sanggunian Panlalawigan

• Failure to apply within 6 months is considered a violation.

• Strict conditions to be complied with ( refer to Article X of Z.O.


-see sample decisions)

• To be issued by LZBAA
1. Duly accomplished and notarized APPLICATION FORM
2. Requirements relative to RIGHT OVER LAND
a) Photocopy of the certificate of title, in case registered in the name
of the applicant
b) Original Certified True Copy of the Tax Declaration issued not
earlier than three (3) months upon filing of application.
c) In the absence of Certificate of Title in the name of the applicant,
submit pro-forma affidavit
3. VICINITY MAP showing the existing land uses within the prescribed
radius from the lot boundary of the subject site;
a. For regular projects, min of 100 meter radius ( the map need not be
drawn to scale provided that relative distances of existing land uses to
the project site lot boundaries are indicated);
b. For special projects - minimum of one (1 kilometer –radius and
should be drawn to scale)
Note: Special projects are covered by special laws and specific
Locational Guidelines.
4. SITE DEVELOPMENBT PLAN showing the project site lot area
boundaries and dimensions of proposed structures / improvements
within the project site
4. Floor plan/s, elevations
5. Detailed Cost of materials and specifications signed and sealed
by a duly licensed Civil Engineer / Architect with conformity of
the owner
6. Conversion Clearance or Certificate of Exemption for
Conversion from the Department of Agrarian Reform, if the
project is to be situated in agricultural lands based on actual
use and CLUP/ ZO (for projects other than small regular
projects, e.g residential, sari-sari stores, single pass ricemill;
7. FILING FEES - please refer to the HLURB Schedule of Fees
8. ECC /CNC from DENR ( for all applicable projects. Refer to new
guidelines)
9. Affidavit of Non-objection from adjacent lot owners (for
incompatible/ non-conforming projects.)
10. Affidavit of Non-objection from Mortgage ( if lot is mortgaged)
11. Certification from MARO that lot is not tenanted / within the
coverage of CARP (for small scale regular projects located in
existing / zoned agricultural areas.)
OTHER REQUIREMENTS
(TWO COPIES PER DOCUMENTS)
1. For manufacturing projects: DESCRIPTION OF
INDUSTRY citing among others the following:
i. Types and volume of raw materials used
ii. Products manufactured or stored
iii. Average production outputs / capacity per day /
week/ month
iv. Industrial wastes and plans for pollution control
v. Description and flow of manufacturing process
2. For application filed by Authorized Representative,
SWORN SPECIAL POWER OF ATTORNEY for the
representative to file / follow-up application and claim
decision for the application.
3. Other additional requirements as may be necessary to
properly evaluate the application based on locational
guidelines ( for special projects)
Scope of Application

1.Backyard poultry and piggery


2.Small scale poultry (501 to 5,000 heads)
3.Medium scale piggery (2 sows and 11 to 20 heads) and medium
scale poultry (5,000+ to less than 10,000 head)
4.Large scale piggery (2+sows, and 20+heads), and large scale
poultry (10,000heads and above)

Documentary Requirements

1.Vicinity Map
2.Site development plan
3.Evidence of Ownership
4.ECC or CNC from DENR
5.Conversion Clearance or Exemption Clearance from DAR if
applicable
6.Site clearance from local health officer or municipal / city
veterinarian
Inspection
1. Verify conformity of project to LUP/ZO
2. Accessibility
3. Presence of, or ability to provide utilities / facilities in the site
4. Weather/ climatic suitability
5. Suite suitability
Locational Requirements / Standards
1. Site Criteria
1.1 Preferably on rolling terrain for good drainage
1.2 Soil must be well drained and porous
1.3 5 meter buffer around the perimeter should be planted with trees
or shrubs
2. Minimum radial distances
3. Piggery and poultry shall be located outside urban areas
4. Zoning- Agricultural areas and outside urban areas
5. Landscaping and Buffering –minimum of 5 meters along the perimeter

UTILITY REQUIREMENTS
1.Water Supply
2.Sewage Disposal and Drainage
3.Power
4.Solid Waste Disposal
SUMMARY OF DESIGN STANDARDS

CLASSIFICATIONS NUMBER OF HEADS ZONE


CLASSIFICAT
ION
A. POULTRY
1. BACKYARD MAX OF 50O HEADS AGR’L
2. SMALL 501 - 5,000 HEADS AGR’L
3. MEDIUM OVER ,5000 HEADS TO LESS THAN 10,000 AGR’L
4. LARGE 10,000 HEADS AND OVER
AGR’L
B. PIGGERY AGR’L
1. BACKYARD 1 SOW & 10 HEADS* AND BELOW
2. MEDIUM 2 SOWS & 11 - 20 HEADS AGR’L
3. LARGE MORE THAN 2 SOWS & MORE THAN 20 AGR’L
HEADS AGR’L

•HEADS – Include weanings, growers and fattening


•Poultry / piggery shall not be allowed in urban areas
DIST BET PIGGERY DISTANCE REQUIREMENTS
FARMS
MAJOR ROADS/ FOR PIGGERY FARM
HIGHWAYS

SOURCE OF
GROUND
WATER
DIST BET
PIGGERY BUILT-UP
FARM AREA
(MEDIUM &
LARGE)

25 M

500 M

1000 M

Classification Dist. Fr. Source of Dist. Fr. Built-up Dist. Fr. Major Dist. Bet. piggery
ground water area roads/highways farms

1. Backyard 25 m N/A N/A N/A


2. Medium 25m 1,000m 500m 1,000m
3. Large 25m 1,000m 500m 1,000m
DIST.BET. POULTRY
DISTANCE REQUIREMENTS
FARM
FOR POULTRY
DIST BET POULTRY
(small scale) and BUILT UP FARM
MAJOR ROADS/
HIGHWAYS
SOURCE OF
DRINKING
WATER

POULTRY
FARM

25 M

200M

500M

1000M

Classification Dist. Fr. Source of Dist. Fr. Built-up Dist. Fr. Major Dist. Bet. Poultry
water area roads/highways farms

1. Backyard 25 m N/A N/A N/A


2. Small 25m 500m 200m 500m
3. Medium 25m 1,000m 200m 1,000m
4. Large 25m 1,000m 200m 1,000m
DOCUMENTARY REQUIREMENTS

1.Letter of Application
2.Vicinity Map
3.Site Development Plan
4.Evidence of Ownership
5.Tax Declaration for the current year
6.ECC or CNC from DENR
7.Conversion Order or Exemption Clearance from DAR if applicable

INSPECTION

1.Verify conformity of project to LUP/ZO


2.Accessibility
3.Presence of, or ability to provide utilities / facilities in the site.
4.Degree of traffic generation
5.Site suitability
LOCATIONAL REQUIREMENTS / STANDARDS
1. Location must be within designated commercial zones / commercial area,
and is accessible preferably through an arterial street.
2. Minimum radial distances (see figure)
3. Site suitability- level to rolling terrain ,and not subject to flooding.
4. Soil Bearing Capacity – must be adequate to support building loads
5. Size- large enough to accommodate activities in the area, and to be able to
serve a population ranging from 10,000 to 150,000 people.
6. Circulation- consideration of access, loading and unloading of goods and
services, carrying capacity.

 UTILITY REQUIREMENTS
1. Water Supply
2. Sewage Disposal and Drainage
3. Power
4. Fire Safety Equipment/ Facilities FACILITY REQUIREMENTS

1. Waste Disposal
2. Toilet and hand washing facilities
TERMINALS DISTANCE REQUIREMENTS
PLAZA, AUDITORIUM
SCH., FUNERAL BLDGS.
FOR MARKETS
ABAITTOIRS

MARKETS

25 M

50 M

750 M

Population served 10,000 – 150,000

Zoning Commercial area / zone

Dist. Requirements
a.Abattoirs 25m
b.Funeral establishment 50m
c.Churches 50m
d.Schools 50m
e.Plazas 50m
f.Auditorium 50m
g.Terminals 750m
DISTANCE REQUIREMENTS
Residential area, schools, churches,
other places of assembly, central FOR ABBAITOR/
public offices
SLAUGHTERHOUSE

SH

200 M

Category Description Zone

Class “AAA” Those with facilities and operational procedures appropriate to slaughter I -3
livestock and fowls for sale in any market, domestic or international

Class “AA” Those with facilities and operational procedures sufficiently adequate that AGIZ, I -2,
the livestock and fowls slaughtered therein is suitable for sale in any I-3
market within the country
Class “A” Those facilities and procedures appropriate of minimum adequacy that AGZ,
the livestock and fowls slaughtered therein are suitable for distribution AGIZ, I-2,
and sale only within the city or municipality where the slaughterhouse is I-3
located
A. DOCUMENTARY REQUIREMENTS
1. Vicinity map (drawn within a radius of 200m, showing the exact location of
the proj )
2. Site development plan( layout of the prop. proj., other structures, prop.
Line)
3. Evidence of ownership (certified true copy of title or tax declaration, in the
absence foregoing, a contract to sell or lease agreement)
4. CTC of NTC’s Provisional Authority, or Certificate of registration to
provide telecommunications services
5. Radiation protection evaluation report from the radiation service of the
DOH
6. ECC/CNC from DENR
7. Written consent:
a. If proposed project is within subdivision
1. Approval of the HOA and all members whose properties abut the
proposed project site
2. In the absence of a HOA, consent/affidavit of non-objection from
majority of actual occupants and owners of properties within a
radial dist. Equivalent to the height of the proposed proj. including
those abutting the proposed site.
b. On buildings – occupied or unoccupied
1. consent of the owner / developer
2. approval of the governing board/body including all tenants occupying the
topmost floor directly below the prop. proj, and the consent of the owner
and majority of tenants of adjoining bldgs.
8. Barangay council resolution endorsing the proposed project
9. Bill of materials and cost of estimates
10. Locational clearance fees
11. Authorization of persons allowed to follow-up the clearance

B. WHAT TO INSPECT
Validate existing land uses within a radius of 200 m, and actual structures
within a radius of 100 m. Submit a verification/ocular report and process
clearance within 15 cd upon submission of complete documents.

C. WHERE CELLSITE SHOULD LOCATE:


1. On the ground:
a. Air rights of transportations routed and railroads
b. Within commercial, industrial, residential, institutional and agr’l zones
c. along existing buffer strips
2. On top of existing structures which are structurally sound as attested and
signed by a duly licensed/registered structural engineer

D. OTHERS
All sites and base stations shall conform to setback requirements of the national
building code, and shall be provided with perimeter fences as specified by DOH
A. DOCUMENTARY REQUIREMENTS
1. Vicinity map (drawn w/in a radius of 200m, showing the exact loc. of the
proj )
2. Site development plan( layout of the prop. proj., other structures, prop.
Line)
3. Floor plans and elevations
4. Evidence of ownership (certified true copy of title or tax declaration, in the
absence foregoing, a contract to sell or lease agreement)
5. ECC/CNC from DENR
6. Initial clearance from the city/municipality health office that the plans are
in accordance with the provisions of PD 856 per funeral establishments
Category I, II and III

B. INSPECTION – the proposed site shall have the following factors:


1. Conformity of the project to the land use/zoning ordinance
2. Accessibility
3. Presence of/or the ability to provide utilities/facilities in the site
4. Degree of traffic generation
5. Determine if the prop site is flood prone
C. DESIGN STANDARDS AND REQUIREMENTS
1. Site criteria
a. Conformity with ZO/LUPlan
2. Physical suitability
No funeral establishment/s shall be allowed in flood prone areas.
3. Accessibility
a. The site must be served by a road and accessible by public transport
4. Funeral parlor shall be at a minimum radial distance (see dist.
Requirements)
ABATTOIRS, SCHOOL
HOSPITAL DISTANCE REQUIREMENTS
MARKETS
FOR FUNERAL PARLOR
RESTAURANT
/FOOD CENT., FOOD
ESTABLISHMENT

FUNERAL
PARLOR

25 M

50M

200M

ALLOWABLE ZONES & MIN. FACILITY REQMTS. FOR FUNERAL PARLOR


Category Description/ min. facility requirements Zone

Category 1 Administrative offices, chapels, family rm, preparation rm, selection C2


rm/display casket rm, comfort rm, garage, parking area, viewing rm
(optional) and embalming rm
Category 2 Administrative office, family rm, selection rm/casket display, comfort rms, GRZ, GCZ, C1, C2,
garage and parking area GIZ, SIZ
Category 3 Casket display, business area, storage rm, garage and comfort rm GRZ, GCZ, C1, C2,
GIZ, SIZ (spl
institutional zone)
APPLICATION FOR ZONING CERTIFICATION/NONEXISTENCE OF CLUP/ZONING ORDINANCE
_________________
DATE
The Director
Housing and Land Use Regulatory Board

Sir/Madam:
In accordance with Executive Order No. 648, as strengthened by LOI 729, EO 90 and EO 72, I am
applying for Zoning Certification of Property situates in ______________________, _____________________,
______________, with OCT/No./Nos. _______________, and with an area of ________________ square
meters.
The undersigned attest the documents submitted are in accordance with the pertinent laws, decree, rules
and regulations, standards and guidelines and that I assume full responsibility from any non-compliance or
violation thereof.
Attached hereto are:
1. Vicinity Map indicating clearly and specifically the exact location of the proposed site and existing land
uses and / or landmarks within a radius of at least 500 meters and duly signed by a geodetic / civil
engineer or architect.
2. Lot plan signed by a licensed Geodetic Engineer.
3. Photocopy of the TCT, or any proof f ownership, or right over the property and / or latest Tax Declaration;
4. Filing Fee of P__________.
Very truly yours,
___________________
Republic of the Philippines
HOUSING AND LAND USE REGULATORY BOARD
Region I
4th Flr. Añes Atrium Bldg., Rizal Avenue,
San Fernando City, La Union

ZONING CERTIFICATION
This is to certify that the parcels of land situated in __________________________specifically identified as follows:

Registered Owner Lot No.(s) OCT/TCT/TD NO. Area Per Title Classification
(has.)

is zoned for use specified in the above Table per approved Comprehensive Land Use Plan/ Zoning Ordinance of the Municipality of
________________________ approved by Housing and Land Use Regulatory Board (HLURB) through Resolution No.
_____________ dated ____________________ in accordance with pertinent issuances.
CONDITIONS:
[ x ] This certification shall not be considered as a Locational Clearance/ Certificate of Zoning Conformance or Development
Permit.
[ x ] This certification shall not be considered as a certification of HLURB as to the ownership
by the applicant of the parcel of land subject of this certification.
[ x ] Any misrepresentation or material falsehood on the part of the applicant shall be sufficient
cause for the cancellation of this certification.
[ x ] Others:
This Certification is issued to support application for Environmental Compliance Certificate (ECC).
Ref. No. :
O.R. No. : TERESITA V. GALACGAC, CESO V
Date Issued :
Amount Paid : Regional Officer/Director II
Decision No. :
JOVITA R. REYES
SCO

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