Municipality of Masantol, Pampanga

Comprehensive Land Use Plan (2017-2026)

Volume 3: Zoning Ordinance

Table of Contents

List of Tables.................................................................................................................ii
List of Acronyms and Abbreviations.............................................................................ii

Introduction....................................................................................................................1
Benefits...................................................................................................................................1
Legal Bases.............................................................................................................................1
Zoning Ordinance...........................................................................................................3
ARTICLE I: TITLE OF THE ORDINANCE........................................................................5
ARTICLE II: AUTHORITY AND PURPOSE......................................................................5
ARTICLE III: DEFINITION OF TERMS.............................................................................6
ARTICLE IV: ZONE CLASSIFICATIONS AND BOUNDARIES.....................................9
ARTICLE V: ZONE REGULATIONS...............................................................................11
ARTICLE VI: GENERAL DISTRICT REGULATIONS...................................................18
ARTICLE VII: INNOVATIVE TECHNIQUES.................................................................20
ARTICLE VIII: MISCELLANEOUS PROVISIONS.........................................................20
ARTICLE IX: MITIGATING DEVICES............................................................................20
ARTICLE X: ADMINISTRATION AND ENFORCEMENT............................................22
Appendix: Official Zoning Map............................................................................................27

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Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

List of Tables
Table 1: Zoning Classifications..................................................................................................9
Table 2: Zone Boundaries.........................................................................................................10
Table 3: Road Setback..............................................................................................................19

List of Acronyms and Abbreviations

BP Batas Pambansa
ECC environmental compliance certificate
EO Executive Order
FPE flood protection elevation
HLURB Housing and Land Use Regulatory Board
LZBA Local Zoning Board and Appeals
LZRC Local Zoning Review Committee
NBC National Building Code
NEDA National Economic and Development Authority
PD Presidential Decree
RA Republic Act

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 Municipality of Masantol, Pampanga
Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

Introduction
Zoning is the division of a community into zones or district (e.g. commercial, residential,
industrial, and institutional, etc.) according to present and potential uses of land to maximize
regulate and direct their use and 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 control of density of population through
imposition of building heights, bulk, and open space and density provisions in a given area.

Benefits
The benefits attributed to zoning are as follows;

1. Maximum, optimum use of land-based on suitability/capability, e.g. use of prime

agricultural land for agricultural purposes
2. Promotion of public health and safety through compatibly arrangement of various
land uses, e.g. residential areas should maintain considerable distance from industries.
3. Preservation of desirable character and real estate values of the district of zone
4. Promotion of the rational and orderly growth of the community

Legal Bases
The power to zone is derived from the police power of the state which vests in the legislative
body the power to make, ordain and establish reasonable laws, statutes or ordinances which
promote the general welfare. It is specified and defined in a number of laws and directives:

The 1987 Constitution

This provides that:

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 corporation,
cooperatives and similar collection organizations, shall have the rights 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.”

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Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

The Local Government Code

Republic Act 7160 provides that:

Section 20

On reclassification of lands:

(A) A City or Municipality may, through an ordinance passed by the Sanggunian

After conducting public hearings for the purpose, authorize the reclassification of
agricultural lands of provide for the manner of their utilization or disposition in
the following cases:

(1) When the land ceases to be economically feasible and sound for agricultural
purposes as determined by the Department of Agriculture.

(2) Where the land shall haves 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:

(a) For highly urbanized and Independent component cities, fifteen

percent (15%)

(b) For fourth to sixth class Municipalities, five percent (5%) Provided
further, that agricultural land distributed to agrarian reform beneficiaries
pursuant to R.A. 6657 shall not be affected by the said reclassification
and the conversion of such lands into other purpose shall be governed
by section 65 of said act.

(B) 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.

(C) The local government units shall, in conformity with existing laws, continue to
prepare their respective comprehensive land use plans enacted through zoning
ordinances which shall be the primary and dominant bases for the further use of
land resources. Provided, that the requirements for food production, Human
settlement, and the industrial expansion shall be taken into consideration in the
preparation of such plans.

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(D) Where approval by a national agency required for reclassification, such approval
shall not be unreasonable withheld. Failure to act on a proper and complete
application for reclassification within three (3) months for receipt of the save
shall be deemed as approval, thereof.

Section 447 A.2 (VII-IX) and Section 458 A.2 (VIII-IX)

The Sangguniang Bayan as the legislative body of the municipality shall (A) adopt a
comprehensive land use plan for the municipality; Provided, that the formulation,
adoption or modification of said plan shall be in coordination with the approved
provincial comprehensive land use plan; (B) Reclassify land within the jurisdiction of
the municipality, subject to the pertinent provisions of this coded; (C) Enact
integrated zoning ordinances in consonance with the approved comprehensive land
use plan. Subject to existing laws, rules and regulations establish fire limits or zones,
particularly in populous centers and regulate the construction, repair or modification
of building within said fire limits or zones in accordance with the provisions of the
fire code.

Section 5, Executive Order No. 648

The HLURB shall:

(a) Promulgate zoning and other land use control standards and guidelines this shall
govern land use plans and zoning ordinance of local Governments.

(b) Review, evaluate and approve or disapprove comprehensive land use

development plans and zoning ordinance of local governments.

PD 933 AND EO 648 AS AMENDED BY EO 90

Empower the HLURB to review and approve or disapprove land use plans of clients and
municipalities.

The aforesaid laws likewise authorities the HLURB, to prescribe the standards and guidelines
governing the preparation of land use plans. To monitor the implementation of such plans and
to adjudicate and settle the disputes among LGU’s over their land use plans and zoning
programs.

Executive Order 72
This provided for the preparation, reviews and approval process and implementation of the
comprehensive land use plans zoning ordinance of local government units pursuant to the
local government code of 1991 and other pertinent laws.

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Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

OFFICE OF THE SANGUNIANG BAYAN

Municipal Ordinance No. 2017-018

Series of 2017

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2017-016, SERIES OF 2017, OF

THE MUNICIPALITY OF MASANTOL, PROVINCE OF PAMPANGA “AN ORDINANCE
ADOPTING THE ZONING REGULATIONS FOR THE MUNICIPALITY OF MASANTOL,
PAMPANGA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT, AND
AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
THEREWITH”.

BE IT ORDAINED, by the SANGGUNIANG BAYAN of the Municipality of Masantol,

Province of Pampanga, in this Regular Session assembled that:

SECTION 1 – Municipal Ordinance No. 2017-016, Series of 2017, otherwise known as the
Comprehensive Zoning Ordinance of the Municipality of Masantol, Pampanga, is hereby amended, to
effect changes on the following:

Section 9. - Local Zoning Board of Appeals (LZBA);

Section 44 – LZBA;
Section 45 – LZBA;
Section 48 – Composition of LZRC;
Section 55 – Effectivity Clause; and
General Zoning Map.

SECTION 2. Effectivity. This Ordinance shall take effect upon its approval.

ENACTED unanimously this 24th day of November, 2017 on motion of Councilors Reynoso
DG. Sunga, Epifanio M. Lacap, Jr., and Ronald S. Flores, duly seconded by Councilors Jimmy P.
Balingit and Christopher S. Bondoc .

I HEREBY CERTIFY to the correctness of the foregoing Ordinance.

HERMIE M. PUNLA
Secretary to the Sanggunian
Attested by:

RALPH EMMANUEL P. NULUD

Municipal Vice Mayor
(Presiding Officer)

Approved by:

DANILO S. GUINTU
Municipal Mayor

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 Municipality of Masantol, Pampanga
Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

Date Approved: December 01, 2017.

ARTICLE I:
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance. This ordinance shall be known as the Comprehensive
Zoning Ordinance of the Municipality of Masantol, Pampanga and shall be referred to as the
Ordinance.

ARTICLE II:
AUTHORITY AND PURPOSE
Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the Local
Government Code, RA 7160, authorizing the municipality through the Sangguniang Bayan to
adopt a zoning ordinance subject to the provisions of existing laws, and in conformity with
E.O. No. 72.

Section 3. Purpose. This ordinance is enacted for the following purposes:

1. Guide, control, and regulate future growth and development of Municipality of

Masantol in accordance with its comprehensive land use plan.
2. Help ensure inclusive growth of Masantol as the leader in aquacultural economy in
the Province of Pampanga.
3. Protect the character and stability of residential, commercial, industrial, institutional,
aquacultural, open space, and other functional areas within the locality and promote
the orderly and beneficial development of the area.
4. Promote and protect the health, safety, peace, comfort, convenience, and general
welfare of the inhabitants in the locality.
5. Promote livable and resilient communities for living and making a living by
promoting balanced ecology, and considering inherent constraints and opportunities.
6. Regulate location and activities in a given land use in such a manner as to promote
order, convenience, efficiency, sustainability, safety and resilience, livability, among
other community values.
7. Enhance participatory planning through citizen involvement in comprehensive land
use planning and formulation of regulatory measures to ensure success in plan
implementation and compliance with land use policies.

Section 4. General Zoning Principle. This Ordinance is based on the approved Proposed
Land Use Plan as per Resolution No. 2017-___ dated __________, 2017 for the Municipality
of Masantol, Pampanga.

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Volume 3: Zoning Ordinance

ARTICLE III:
DEFINITION OF TERMS
The definition of technical terms used in the Ordinance shall carry the same meaning given to
them in already approved codes and regulations, such as but not limited to the National
Building Code, Water Code, Philippine Environmental Code, and other implementing Rules
and Regulations, promulgated by the HLURB.

1. Aquacultural Zone (AQZ) – an area within a municipality intended for fishery

operations involving all forms of raising and culturing fish and other fishery species
in fresh, brackish and marine water areas are allowed.
2. Aqua-Industrial Zone (AIZ) – are areas within the municipality intended primarily
for integrated farm operations and related product processing activities.
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.
4. Built-up Area – a contiguous grouping of ten (10) or more structures.
5. Certificate of Non-Conformance – certificate issued to owners of all uses existing
prior to the approval of the zoning ordinance which do not confirm in a zone as per
provision of the said ordinance.
6. Compatible Use – uses or land activities capable of existing together harmoniously
e.g. residential use and parts and playground.
7. Comprehensive Land Use Plan (CLUP) – a document embodying specific
proposals for guiding, regulating growth and/or development.
8. Conflicting Uses – uses of land activities with contrasting characteristics sited
adjacent to each other e.g. residential units adjacent to industrial plants.
9. Conforming Use – a use which is in accordance with the zone classification as
provided for in ordinance.
10. Easement – open space imposed on any land use/activities sited along waterways
right-of-ways, cemeteries/memorial parks and utilities.
11. Environmental Critical Areas – refers to those areas which are environmentally
sensitive.
12. Environmentally Critical Projects – refers to those projects which have potential
for negative environmental impacts.
13. Exception – a device which grants a property owner relief from certain provisions of
a Zoning Ordinance where because of the specific use could result in a particular
hardship upon the owner, as distinguished from a mere inconvenience or a desire to
make more money..
14. General Commercial Zone (GCZ) – an area within a city of municipality for
trading/business purposes.
15. General Institutional Zone (GIZ) – an area within a city of municipality for general
type of institutional establishment e.g. government officers, schools, hospitals/clinic
research convention centers.
16. General Residential Zone (GRZ) – an area within a city or municipality for
dwelling/housing purposes.
17. General Zoning Map (GZM) – a duly authenticated map delineating the different
zones in which the whole municipality is divided.

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18. 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; office areas;
corridors; lobbies; mezzanine; vertical penetrations which shall mean stairs, fire
escape, elevator, shafts, flues, pipe shafts, vertical ducts, and the like and their
enclosing walls rest rooms and closets; storage rooms and closet, covered balconies
and terraces; interior walls and columns, and other interior features; but including
covered areas used for parking and driveways, including vertical penetrations in
parking floors where no residential or office units our present, uncovered areas as
cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or
swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.
19. Innovative Design – Introduction and/or application of new/creative designs and
techniques in development projects e.g. planned unit development (PUD), etc.,
20. Locational Clearance – a clearance issued to a project that is allowed under the
provisions of this Zoning Ordinance as well as other standards, rules and regulation
on Land use.
21. Mitigating Device – a means to grant relief in complying with certain provisions of
the Ordinance.
22. Non-Conforming Use – existing non-conforming uses/establishment in an area
allowed operating in spite of the non-conformity to the provisions of the Zoning
Ordinance.
23. Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements
and for the maintenance of ecological balance of the community.
24. Planned Unit Development (PUD) – it is a land development scheme where in
projects is comprehensive planned as an entity via unitary site plan which permits
flexibility in planning/design, building sitting, complementary of building types and
land uses, usable open spaces and the preservation of significant natural land features.
25. Rezoning – a process of introducing amendment to or a change in the text maps of
the Zoning Ordinance. It also includes amendment or change in view of
reclassification under section 20 of RA 7160.
26. Rural Area – area outside of designated urban area.
27. Setback – the open left between the building and lot lines.
28. Socialized Housing Zone (SHZ) – shall be used principally for socialized
housing/dwelling purposes for the underprivileged and homeless and defined in RA
7279.
29. Tourist Zone (TZ) – are sites within a cities and municipalities endowed with natural
or manmade physical attributes and resources that are conductive to recreation,
leisure and other wholesome activities.
30. Urban Areas – Includes all barangays or portions of which comprising the poblacion
and other built up areas the unrealizable land in the adjacent to said areas and where
at least more than fifty percent (50%) of the population are engaged in non-
agricultural activities.
31. Variance – a special location clearance which grants a property owner relief from
certain provisions of Zoning Ordinance where. Because of the particular, physical-
suspending shape of topographical conditions of the property, complaints on height,
area, setback, bulk, and/or density would result in a particular hardship upon the
owner, as distinguished from a mere inconvenience or a desire to make more money.

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32. Water Zone (WZ) – are bodies of water within municipalities which includes rivers,
streams, lakes, and seas except those included in other zone classification.
33. Zone – an area within a municipality for specific land use as defined by manmade or
natural boundaries.
34. Zoning Administrator/Zoning Officer – a municipal government employee
responsible for the implementation/enforcement of the Zoning Ordinance.
35. Zoning Ordinance – a local measure which embodies regulations affecting land use.

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Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

ARTICLE IV:
ZONE CLASSIFICATIONS AND BOUNDARIES
Section 5. Division or Districts. To effectively carry out the provisions of this Ordinance, the
Municipality of Masantol is hereby divided into the following zones of districts as shown in
the Official Zoning Map.
Table 1: Zoning Classifications
Zoning Classification Code
Aquacultural Zone AQZ
Aqua-Industrial Zone AIZ
Municipal Waters Zone WZ
Mangrove Zone MNZ
General Residential Zone GRZ
Socialized Housing Zone SHZ
General Commercial Zone GCZ
General Institutional Zone GIZ
Parks and Recreation Zone PRZ
Cemetery / Memorial Park Zone C/MPZ
Buffer / Greenbelt Zone B/GZ
Utilities, Transport, and Services Zone UTSZ
Tourism Zone TZ
Planned Unit Development / Mixed-Use Zone PUD

Section 6. Zoning Map. It is hereby adopted as an integral part of this Ordinance, the Official
Zoning Map of the Municipality of Masantol for the whole municipality wherein the
designation, location and boundaries of the zones herein established are shown and indicated.
Such Official Zoning Map shall be signed by the Municipal Mayor and duly authenticated by
the HLURB/Sangguniang Panlalawigan. The attached Official Zoning Map shall be drawn to
the scale of 1:56,000.

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Volume 3: Zoning Ordinance

Section 7. Zone Boundaries. The location and boundaries of the above mentioned various
zones into which the Municipality of Masantol has been divided are hereby identified and
specified as follows:
Table 2: Zone Boundaries
Zoning Classification Code Location / Barangay
Aquacultural Zone AQZ All barangays except Sta. Lucia Anac
Aqua-Industrial Zone AIZ San Pedro, Balibago, Cambasi
Municipal Waters Zone WZ All creeks, Pampanga River, Bebe Anac -
San Esteban Cut-Off Channel, Sapang
Maragul
Mangrove Sub-Zone MNZ Bebe Anac, Bebe Matua, Alauli, Puti, San
Agustin Caingin
General Residential Zone GRZ Sta. Lucia Matua, San Nicolas, Sto. Niño,
San Isidro Matua, and Sta. Lucia Anac, Bebe
Anac, Bebe Matua, Bulacus, Cambasi,
Malauli, Palimpe, Puti, Sagrada, San Agustin
(Caingin), San Isidro Anac, San Pedro,
Sapang Kawayan, Sta. Cruz, Sta. Lucia
Wakas, Sta. Monica, Paguiaba, Sua
Socialized Housing Zone SHZ West Bank: Bebe Anac, San Nicolas, San
Isidro Matua
General Commercial Zone GCZ Bebe Anac, Sta. Lucia Anac, Sta. Lucia
Matua, Sto. Niño, San Nicolas, San Isidro
Matua
General Institutional Zone GIZ All barangays
Parks and Recreation Zone PRZ Sta. Cruz, Nigui, San Agustin Caingin, San
Nicolas, Bebe Anac
Cemetery / Memorial Park Zone C/MPZ San Nicolas
Buffer / Greenbelt Zone B/GZ All barangays
Utilities, Transport, and Services UTSZ Bulacus, San Nicolas, Puti, Bagang, Bebe
Zone Anac, Palimpe, Sta. Lucia Matua
Tourism Zone TZ Bulacus, San Pedro, Sagrada, Malauli, Nigui
Planned Unit Development / PUD San Pedro, Sagrada, Malauli, Nigui
Mixed-Use Zone

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Comprehensive Land Use Plan (2017-2026)
Volume 3: Zoning Ordinance

Section 8. Interpretation of the Zone Boundary. In the interpretation of the boundaries for
any of the zones indicated on the Zoning Map, the following rules shall apply:

1. Where zone boundaries are so indicated that they approximately follow the center of
streets or highway, the streets or highways right of-way lines shall be construed to be
the boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines,
such lot lines shall be constructed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines or right-of-way lines of streets and highways, such zone boundaries shall
be construed as being parallel thereto and at such distance therefrom as indicated in
the zoning map. If no distance is given, such dimension shall be determined by the
use scale shown in said zoning map.
4. Where the boundary of a zone follows a stream, lake or other bodies of water, said
boundary line shall be deemed to be the limit of the political jurisdiction of the
community unless otherwise indicated. Boundaries indicated as following shorelines
shall be construed to follow such shorelines and in the event of change in the
shorelines, shall be construed as moving with the actual shorelines.
5. Where a lot of one ownership, as of record at the effective date of this Ordinance, is
divided by a zone boundary line, the lot shall be construed to be within the zone
where the major portion of the lot is located. In case the lot is bisected by the
boundary line, it shall fall in the zone where the principal structure falls.
6. Where zone boundary is indicated as one-lot-deep, this should mean that the
boundaries are defined by the parcellary subdivision existing at the time of the
passage of this Ordinance.
7. In case of any remaining doubt as to the location of any property along zone
boundary lines, such property shall be considered as falling within the less restrictive
zone.
8. The textual description of the zone boundaries shall prevail over that of the Official
Zoning Maps.

ARTICLE V:
ZONE REGULATIONS
Section 9. General Provision. The uses enumerated in the succeeding sections are neither
exhaustive nor all-inclusive.

The Local Zoning Board of Appeal (LZBA) shall subject to the requirements of this Article,
allow other uses not enumerated hereunder provided that they are compatible with the uses
expressly allowed. Allowance of further uses shall be based on the intrinsic qualities of the
land and the socio-economic potential of the local government with due regard to the
maintenance of the essential of the zone.

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Volume 3: Zoning Ordinance

Section 10 a. Use Regulations in General Residential Zone (GRZ). A GR zone shall be

used principally for dwelling/housing purposes so as to maintain peace and quiet of the area
within the zone. The following are the allowable uses.

1. Detached family dwelling

2. Multi-family dwelling e.g. row-houses, apartments
3. Apartment
4. Hotel
5. Pension House
6. Hotel Apartments of apparel
7. Dormitory
8. Boarding House
9. Branch Libraries and Museums
10. Customary accessory uses like;
A. Servants quarter
B. Private garage
C. Guard house
11. Home occupation for the practice o ones profession of for engaging home business
such as dressmaking, tailoring, baking, running a sari-sari store and the like provided
that:
A. The number of persons engaged in such business/Industry shall not exceed
five (5) inclusive of the owner;
B. There shall be no engaged in the outside appearance of the building premises;
C. No home occupation shall be conducted in any customary accessory uses
cited above;
D. No traffic shall be generated by such home occupation in greater volume that
would normally be expected in a residential neighborhood and any need for
generated by the conduct of such home occupation shall be met off the street
and in a place other than the required from yard;
E. No equipment or process shall be used in such more occupation which
creates noise, vibrations, glare, fumes, odors, and electrical inference
detectable to the normal senses and visual or audible Interference in any radio
or television receiver or causes fluctuations in the voltage off the premises.
12. Home Industry Classified as cottage Industry provided that:
A. Such more home industry shall not occupy more than thirty percent (30%) of
the floor area of the dwelling unit. There no shall no change or alteration in
the outside appearance of the dwelling units and shall be a hazard or
nuisance.
B. Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI).
C. Such shall consider same provisions are enumerated in letters, c, d, and e,
number 12, home occupations this section.
13. Recreational facilities for the exclusive use of the family residing the premises such
as:
a. Swimming pool
b. Others

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14. Nursery/Elementary School

15. High School
16. Vocational School
17. Sports Club
18. Religious Use
19. Multi-Purpose Hall/barangay hall
20. Clinic, nursing and convalescing home, health center
21. Plant nurseries

Section 10 b. Regulations in Socialized Housing Zone (SHZ). An SHZ shall be used

principally for socialized housing/dwelling purposes for the underprivileged and homeless as
defined in RA 7279. Allowable uses are all uses allowed in the General Residential Zone.

Section 11. Use Regulations in General Commercial Zone (GCZ). A GCZ shall be for
business/trade/service uses. Within the zone the following types of establishment shall be
allowed.

1. Offices
2. General retail stores and shops like:
a. department store
b. home appliance store
c. bookstore and office supply shop
d. car shop
e. photo shop
f. flower shop
3. Food markets and shops like:
a. bakery and bake shop
b. wine store
c. grocery
d. supermarket
4. Personal service shops like:
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic
d. dressmaking and tailoring shops
5. Recreational centers/establishments like;
a. play court e.g. tennis court, bowling lane, billiard hall
b. swimming pool
c. gymnasium
d. other sports and recreational establishments
6. Restaurant and other eateries
7. Short term special education like:
a. dancing school
b. school for self defense
c. driving school
d. speech clinics
8. Store rooms but only as may be necessary for the efficient conduct of the business

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9. Commercial housing like:

a. hotel
b. apartment
c. apartels
d. boarding house
e. dormitory
f. pension house
g. club house
10. Library museum
11. Filling Station/ Service station
12. Clinic
13. Vocational/technical school
14. Convention Center and related facilities
15. Messenger services
16. Security agencies
17. Janitorial service
18. Bank and other financial institutions
19. Building garage, parking lot
20. Custom Dressmaking
21. Custom Tailoring
22. Commercial and job Printing
23. Typing job and photo engraving services
24. Repair of optical instruments and equipment and cameras
25. Repair of watches and clocks
26. Manufacture of insignias, badges and similar emblems except metal
27. Transportation terminal/garage with and without repair
28. Repair shops like:
a. house appliances repair shop
b. motor vehicles and accessory repair shop
c. home furnishing shops
29. Printing publishing
30. Machinery display shop/center
31. Gravel and Sand
32. Lumber/hardware
33. Printing and publishing of books and pamphlets, printing cards and stationary
34. Manufacture of signs and advertising displays (except printed)
35. Manufacture of wood furniture including upholstered
36. Manufacture of rattan furniture including upholstered
37. Manufacture of box beds and mattresses
38. Welding shops
39. Machine shop service operation (repairing/ rebuilding or custom job orders)
40. Medium scale junk shop
41. Repair of motorcycle
42. Lechon or whole pig roasting
43. Bakery products
44. Repacking of food products e.g. fruits, vegetables, sugar, and other related products

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45. Plant nursery

46. Funeral parlors, mortuaries and crematory services and memorial chapels
47. Parking lots, garage facilities
48. Other commercial activities not elsewhere classified

Section 12. Use Regulations in General Institutional Zone (GIZ). A GIZ, should be for
general types of institutional establishments such as government offices, hospitals/clinics,
academic/research, and convention centers. The building height limit is 15.00 meters above
highest grade as provided in the NBC (National Building Code). The following uses shall be
allowable:

1. Government or civic center to house national, regional or local offices in the area
2. Police and Fire stations
3. Other types of government buildings
4. Colleges, business schools, vocational and trade schools, technical school and other
institutions of higher learning
5. Learning facilities such as training centers, seminar halls and libraries
6. Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
7. Museum, exhibition halls and art galleries
8. Convention center and related facilities
9. Civic centers and community centers
10. General hospitals, medical centers, medical, dental and similar clinics
11. Religious structures e.g. church, seminary, convents
12. Parking buildings
13. Parks/ gardens
14. Customary accessory uses incidental to any of the above uses such as:
a. Staff houses/ quarters
b. Offices
c. Eateries/ canteens
d. Parking lots/ garage facilities
e. Storerooms and warehouses but only as may be necessary for the efficient
conduct of the business
f. Pump houses
g. Generator houses

Section 13. Use Regulations in Parks and Recreation Zone (PRZ). PRZ shall be designed
for diversion/ amusements and maintenance of ecological balance in the community. The
building height limit is 15.00 meters above highest grade as provided in the NBC. The
following uses shall be allowed in parks and recreation zones:

1. Parks/ gardens
2. Resort areas, including accessory uses
3. Open air or outdoor sports activities and support facilities, including low rise stadium,
gym, ampi-theaters and similar uses
4. Ball courts and similar uses
5. Memorial/shrines monuments, kiosks and other parks structure

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6. Sports club
7. Parking structures/facilities
8. Open space buffers and easements
9. Customary accessory uses incidental to any of the above uses such as:
a. Staff houses/ quarters
b. Offices
c. Eateries/ canteens
d. Parking lots/ garage facilities
e. Storerooms and warehouses but only as may be necessary for the efficient
conduct of the business
f. Pump houses
g. Generator houses

Section 14. Use Regulations for Cemetery/Memorial Park Zone (C/MPZ). A C/MPZ is
intended for the interment of the dead. The building height limit is 15.00 meters above highest
grade as provided in the NBC. Subject to HLURB Rules and Regulations on Memorial Parks
and Cemeteries and other applicable guidelines and standards of concerned agencies, the
following uses shall be allowed:

1. Memorial Parks
2. Cemetery
3. Columbarium
4. Crematorium
5. Ossuary
6. Customary accessory uses such as crypts, chapels, parks, playgrounds, pocket parks,
parkways, promenades, parking and toilet facilities.

Section 15. Use Regulations for Buffer/Greenbelt Zone (B/GZ). A B/GZ is intended to
control pollution/ nuisance and for identifying development areas or zones where no
permanent structures are allowed. The building height limit is 6.00 meters above highest
grade as provided in the NBC. The following uses shall be allowed:

1. Open space/gardens
2. Parks and park structures such as playgrounds, jogging trails, bicycle lanes
3. Plant nurseries
4. Ground-level or underground parking structures/ facilities
5. Aquaculture, agriculture, silviculture, horticulture

Section 16. Use Regulations for Tourism Zone (TZ). In TZ, all tourism project and tourism
related activities should comply with the Department of Tourism (DOT) guidelines and
standards. The following uses shall be allowed:

1. Aqua-tourism
2. Resort areas, river-based resorts, farm resorts including accessory uses
3. Theme parks (water based theme park)
4. Heritage and historical sites
5. Other related activities such as tree parks and botanical gardens

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6. Tourism accommodation such as:

a. Cottages
b. Lodging inns
c. Restaurants
d. Home stays
7. Souvenir shops
8. Open air or outdoor sports activities
9. Food production and processing activities such as fish production to sustain tourism
industry
10. Parking areas

Section 17. Use Regulations for Utilities, Transportation, and Service Zone (UTSZ).
UTSZ is designated for a range of utilitarian/ functional uses or occupancies characterized
mainly as a low-rise or medium-rise building/ structure for low to high intensity
community support functions, e.g. terminals, inter-modals, multi- modals, depots, power
and water generation/distribution facilities, telecommunication facilities,
drainage/wastewater and sewerage facilities, solid waste handling facilities and the like.
The building height limit is 15.00 meters above highest grade as provided in the NBC. The
following uses shall be allowed:

1. Bus and railway depots and terminals

2. Fish ports facilities/ ferry stations
3. All other types of transportation complexes
4. Pumping plants (water supply, storm drainage, sewerage, irrigation and waste
treatment plants)
5. Liquid and solid waste management facilities
6. Climate monitoring facilities
7. Telecommunication facilities such as cell (mobile) phone towers
8. Customary accessory uses incidental to any of the above uses such as:
a. Staff houses/ quarters
b. Offices
c. Eateries/ canteens
d. Parking lots/ garage facilities
e. Storerooms and warehouses but only as may be necessary for the efficient
conduct of the business
f. Pump houses
g. Generator houses

Section 18. Use Regulations for Aquacultural Zone (AQZ). In AQZ, fishery operations
involving all forms of raising and culturing fish and other fishery species in fresh, brackish
and marine water areas are allowed. The following are allowed in this zone:

1. Fish or aquaculture production

2. Aquacultural research and experimentation facilities such as breeding stations, fish
farms, nurseries, demonstration farms, etc.

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3. Farm resorts
4. Plant nursery
5. Ancillary dwelling units/ farmhouses for tillers and laborers

Section 19. Use Regulations in Aqua-Industrial Zone (AIZ). These are areas within the
municipality intended primarily for integrated farm operations and related product processing
activities. The building height limit is 15.00 meters above the established grade as provided in
the NBC. The following uses shall be permitted:

1. All uses allowed in the aquacultural zone

2. Processing, preserving and canning of fish and other seafood
3. Other accessory uses incidental to aqua-industrial activities
4. Ancillary dwelling units/ farmhouses for landowners, tenants, tillers and laborers

Section 20. Use Regulations in Municipal Waters Zone (WZ). In WZ, Per Republic Act
No. 8550 or the Philippines Fisheries Code of 1998, this zone covers the Municipal Waters
which include not only streams, lakes, inland bodies of water and tidal waters within the
municipality which are not included within the protected areas as defined under Republic
Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery
reserves, but also marine waters.

Regulations shall be in accordance with the Fisheries Code, Presidential Decree No.
1067 or the Water Code of the Philippines, Republic Act No. 9275 or the Philippine Clean
Water Act of 2004 and related issuances.

Section 21. Use Regulations in Mangrove Zone (MNZ). In MNZ, this zone is
characterized as a community of intertidal plants including all species of trees, shrubs,
vines and herbs found on coasts, swamps or border of swamps. The mangrove plantation is
the intended use and no permanent building or structures are allowed.

Section 22. Use Regulations in Planned Unit Development (PUD). PUD zones are
identified specific areas that are intended to be comprehensively designed through a single
masterplan which regulates and permits flexibility in planning or design, building siting,
compatibility of building types and land uses, usable open spaces, and the preservation of
significant natural land features, pursuant to regulations specified for each particular PUD.

ARTICLE VI:
GENERAL DISTRICT REGULATIONS
Section 23. Development Density. Permitted density shall be based on the zones capacity to
support development. There is no fixed maximum density but should be based on the planned
absolute level of density that is intended for such concerned zone based on the comprehensive
land use plan.

Section 24. Height Regulations. Building height must conform the height restrictions and
requirements of the air transportations code as well all laws, ordinances, design standards,
rules and regulations related to land development and building construction and the various
safety codes.

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Section 25. Area Regulations. Area regulations in all zones shall confirm with the minimum
requirements of the existing codes such as:

a. P.D. 957- The subdivision and condominium buyer’s Protective law and its revised
implementing rules and regulations
b. B.P. 220- Promulgation of Different Levels of Standards and Technical Requirements
for Economic Socialized Housing Projects
c. P.D. 1096- National Building Code
d. Fire Code
e. Sanitation Code
f. Plumbing code
g. Executive Order No. 648
h. Other relevant guidelines by the national agencies concerned.

Section 26. Road Setback Regulations. The following road setback regulations shall be
applied:
Table 3: Road Setback
Zoning Major Secondary Tertiary
Classification Thoroughfare Road Road
Residential 10 10 3
Commercial 20 20 7
Industrial 30 25 10
Aquacultural 20 20 7
Institutional 20 20 10
Parks and Recreation 10 10 3
Forest 30 25 10
Source: Department of Public Works and Highways

Section 27. Easement. Pursuant to the provisions of the water code: The banks of rivers and
streams throughout their entire length and within a zone of three (3) meters in urban areas and
twenty (20) meters in agricultural area along other margins are subject to easement of public
use in the interest of recreation, navigation, footage, fishing or salvage no person shall be
allowed to stay in this zone longer than with is necessary for space or recreation, navigation,
footage, fishing, or salvage or to build structure of any kind.

Section 28. Buffer Regulations. A buffer of three (3) meters shall be provided along entire
boundary between two or more conflicting zones allocating 1.5 meters from each side of the
district boundary. Such buffer should be open and not encroached upon by any building or
structure and should be a part of the yard or open space.

Section 29. Specific Provisions in the National Building Code. Specific provisions
stipulated in the National building code (P.D. 1096) as amended thereto relevant to the traffic
generators, advertising, and business signs. Erection of more than one principal structure,
dwelling or real lots, access by the yard requirement and dwelling groups, which are not in
conflict with the provisions of the Zoning Ordinance, shall be observed.

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ARTICLE VII:
INNOVATIVE TECHNIQUES
Section 30. Innovative Techniques or Designs. For projects that introduce flexibility and
creativity in design or plan such as planned unit development, the zoning
administrator/zoning officer shall, on grounds of innovative development techniques, forward
applications to HLURB for appropriate action.

ARTICLE VIII:
MISCELLANEOUS PROVISIONS
Section 31. Projects of National Significance. Projects may be declared by the NEDA Board
as projects of national significance pursuant to section 3 of E.O. 72. When a project is
declared by the NEDA Board as a project of national significance the location clearance shall
be issued by HLURB pursuant to E.O. 72.

Section 32. Environmental Compliance Certificate (ECC). Notwithstanding the issuance

of location clearance under this ordinance, no environmentally critical projects nor projects
located in the environmentally critical areas be commended, developed, or operated unless the
requirements of ECC have been complied with.

Section 33. Subdivision Projects. All owners’ developers of subdivision projects shall in
additional to securing a location clearance under this ordinance be required to secure a
development permit pursuant to provisions of PD 957 and its implementing rules and
regulations of BP 220 and its implementing rules and regulations in the case of socialized
housing projects in accordance with the procedure in E.O. 71, series of 1993.

ARTICLE IX:
MITIGATING DEVICES
Section 34. Deviations. Exceptions, variances or deviators from the provisions of this
Ordinance may be the Local Zoning Board of Adjustments and Appeals (LZBAA) only the
following terms and conditions exist;

Variance

The property is unique and different from other properties in the adjacent locality and because
of its uniqueness; the owner’s cannot obtain a reasonable return on the property. This
condition shall include at least 3 of the following provisions:

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1. Conforming to the provisions of the Ordinance will cause undue hardship on the part
of the owner or occupant of the property due to physical conditions of the property
(topography, shape, etc.) which is not self-created.
2. The proposed variance is the minimum deviation necessary to permit reasonable use
of the property. The variance will not after the physical character of the district of
zone where the property for which the variances is sought is located, and will not
substantially or permanently injure the use other properties in the same district or
zone. That the variance will not weaken the general purpose of the Ordinance and
will not adversely affect the public health, safety or welfare.
3. The variance will be in harmony with the spirit of this ordinance.

Exemptions

1. The exceptions will not adversely affect the public health, safety and welfare and is in
keeping the general pattern of development in the community.
2. The proposed project shall support economic based activities/provided livelihood,
vital community services and facilities while at the same time posing no adverse
effect on the zone/community.
3. The exemption will not after the essential character and general purpose of the district
where the exception sough is located.
4. The exception will not adversely affect the appropriate use of adjoining property in
the same district.

Section 35. Procedures for Granting Exceptions and Variance. The procedure for the
granting of exception and/or variance is as follows;

1. A written application for an exception or variance shall be filled with the LZBA
citing the section of this Ordinance under which the same is sought and starting
grounds/thereof.
2. Upon filling of application, a visible project sign, (indicating the name and nature of
the proposed project) shall be posted at the project site.
3. The LZBA shall conduct preliminary studies on the application.
4. A written affidavit of non-objection of the project by the owners of the properties
adjacent to the project shall be filled by the applicant with the LZBA at least fifteen
(15) days prior to the decision for exception/variance.
5. In case of objection, the LZBA shall hold hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s.
Interested shall be accorded the opportunity to be heard and present evidences and
testimonies.
7. The LZBA shall render a decision within thirty (30) days from the filling of the
application, exclusive of the time spent for the preparation of written affidavit of non-
objection and the public hearing in case of any objection to the granting of
exception/variance.

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ARTICLE X:
ADMINISTRATION AND ENFORCEMENT
Section 36. Locational Clearance. All owner/s developers shall secure Locational Clearance
from the Zoning Administrator/Zoning Officer or in Case of variances and exemptions, from
the LZBAA prior to conducting any activity or consultation on their property/land.

Section 37. Building Permit. No building permit shall be issued by the local building officer
without a valid Locational clearance in accordance with this ordinance.

Section 38. Non-User 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 said clearance
within said period shall result in its automatic expiration, Cancellation and the grantee shall
not proceed with his project without applying for a new clearance.

Section 39. Certification of Non-Conformance. A certificate of non-conformance shall be

applied by the owner of the structure or operators of the activity involved within six (6)
months from the ratification of the zoning ordinance by the HLURB or register/apply for a
certificate of non-conformance shall be considered in violation of the Zoning Ordinance.

Upon Approval of this ordinance, the Zoning administration/Zoning officer shall immediately
notify owners of known existing non-conforming use to apply for a certificate of non-
conformance.

Section 40. Existing Non-Conforming Uses and Building. The lawful uses of any building
including structure or land at the time of adoption or amendment of this Ordinance may be
continued, although such uses do not conform to the provision of this Ordinance provided.

1. That no such non-conforming use shall be enlarged or extended to occupy 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 a part, to any other parts of the lot or parcel or
land when such non-conforming use exists at the time of the adoption.
2. That no such non-conforming use this has ceased operation for more than one (1)
year be again revived as non-conforming use.
3. An idle/vacant structure may not be used for non-conforming activity.
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 fifty percent (50%) of the replacement with the
provision of this ordinance.
5. That no such non-conforming use maybe moved to displace any conforming use.
6. That no such non-conforming structure maybe enlarge or altered in a way which
increases its non-conformity, but any structure or portion thereof may be altered to
decrease its non-conformity.
7. That should such structure be moved for any reason to whatever distance and shall
thereafter conform to the regulation of the district in which it is moved or relocated.

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In additional, the owner of non-conforming use shall program the phase-out and relocation of
the non-conforming use within ten (10) years from the affectivity of this ordinance.

Section 41. Responsibility for Administration and Enforcement. This ordinance shall be
enforced and administered by the local chief executive through the Zoning
Administrator/Zoning Officer who shall be appointed by the former in accordance with
existing rules and regulations on the subject.

Section 42. Powers and Functions of a Zoning Administrator/Zoning Officer. Pursuant to

the provisions of E.O. 72 implementing R.A. 7160 in relation to sec. 5, Paragraph a and d,
and section 7 of executive order no. 648 dated 7 February 1981. The Zoning Administrator/
Zoning Officer shall perform the following functions, duties and obligations:

I. ENFORCEMENT

A. Act on all applications for Locational clearances for all projects.

1. Issuance of locational clearance for projects conforming to zoning regulations.

2. Recommend to the LZBA the grant of denial of applications for variances and
exemptions and 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 repair/renovations non-conforming uses consistent with the
guidelines therefore.

B. Monitor on-going/existing projects within their respective jurisdictions and issue notices of
violation and show cause order to owners, developers, or managers of projects that are
violative of zoning ordinance and if necessary, pursuant to section 3 of E.O. 72 HLURB

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 Municipal Attorney for other legal actions/remedies relative to the
foregoing.

II. PLANNING

Coordinate with the Regional Office of the HLURB regarding proposed amendments to the
zoning ordinance prior to adoption by the Sangguniang Bayan.

Section 43. Action on Complaints and Oppositions. A Compliant for violations of any
provisions of the zoning ordinance or of any clearance for permits issued pursuant thereto
shall however; oppositions to application for clearance, variance or exception shall be treated
as a compliant and dealt with the provision of this Section.

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Section 44. Functions and Responsibilities of the Local Zoning Board of Appeals. There is
hereby created a LZBA which shall perform the following functions and responsibilities:

1. Act on applications of the following nature:

a. Variance
b. Exceptions
c. Non-Conforming Uses
d. Complaints and Opposition to Applications

2. Act on appeals on grant or denial of locational clearance by the Zoning

Administrator/Zoning Officer.

Decisions of the LZBA shall be appealable to the HLURB.

Section 45. Composition of the Local Zoning Board of Appeals (LZBA). The Municipal
Development Council shall create a sub-committee which act as the LZBA composed of the
following members:

1. Municipal Mayor as Chairman

2. SB Committee Chairperson on Land Use/Zoning (if said committee is non-
existent, the SB may elect a representative)
3. Municipal Legal Officer
4. Municipal Assessor
5. Municipal Engineer
6. Municipal Planning and Development Coordinator (if other than the Zoning
Administrator)
7. Municipal Community Environment and Natural Resources Officer/Disaster Risk
Reduction and Management Officer
8. Two (2) representatives of the private sector nominated by their respective
organizations
9. Two (2) representatives from non-government and civil society organizations
nominated by their respective organizations

The Municipal Planning and Development Office shall serve as the Secretariat to the
LZBA.

The LZBA may invite resource persons in support of the performance of its
functions.

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Section 46. Interim Provision. Until such time that the Local Zoning Board of Adjustment
and Appeals shall have been constituted, the HLURB shall act as the Local Zoning Board of
Adjustment and Appeals. As an appellate board, the HLURB shall adopt its own rules of
procedure to govern the conduct to appeals arising from the administration and enforcement
of this ordinance.

Section 47. Review of the Zoning Ordinance. The Municipal Development Council shall
create a sub-committee, the Local Zoning Review Committee (LZRC) that shall review the
Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based
on the following reasons/situations:

a. Change in local development plans

b. Introduction of projects of national significance
c. Petition for rezoning
d. Other reasons which are appropriate for consideration

Section 48. Composition of Local Zoning Review Committee (LZRC). The Local Zoning
Review Committee shall be composed of sectoral experts.

These are the local officials/civil leaders responsible for the operation, development and
programs of all sectoral undertakings in the locality:

1. Sangguniang Panglungsod/Bayan Chairperson on Land Use/Zoning (or

equivalent committee)
2. Municipal Planning and Development Coordinator
3. Municipal Zoning Administrator/Zoning Officer
4. Municipal Assessor
5. Municipal Legal Officer
6. Municipal Engineer
7. Municipal Community Environment and Natural Resources Officer
(CENRO)/Disaster Risk Reduction and Management Officer
8. Municipal Agriculturist
9. Municipal Agrarian Reform Officer (MARO)
10. President, Association of Barangay Captains
11. Three (3) Private Sector Representatives (Local Chamber of Commerce, Housing
Industry and Homeowner's Association, and academe)
12. Two (2) non-government and civil society organization representatives

The Municipal Planning and Development Office shall serve as the Secretariat to the LZRC.

The LZRC may invite resource persons in support of the performance of its functions.

Section 49. Functions of the Local Zoning Review Committee. The Local Zoning review
committee shall have the following powers and functions:

Review the Zoning Ordinance for the following purposes:

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1. Determine amendments or revisions necessary in the Zoning Ordinance because of

changes that have been introduced in the Comprehensive Land Use Plan.
2. Determine changes to be introduced in the Comprehensive Land Use Plan in the light
of permits given, and exceptions and variance granted.
3. Identify provisions of the Ordinance difficult to enforce or are unworkable.

Section 50. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as a
result of the review by the LZRC shall be treated as an amendment, provided that amendment
to the Zoning Ordinance or provisions thereof shall be subject to public hearing and review.

Section 51. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance, Shall upon conviction, be punished by a fine not exceeding P5,000.00 or an
imprisonment for an period not exceeding six (6) months or both at the discretion of the court.
The case of violation by a corporation, partnership or association the penalty shall be imposed
upon the erring officers thereof.

Section 52. Suppletory Effect of Other Laws and Decrees. The provisions of the Ordinance
shall be without prejudice to the application of other laws, presidential decree, letter of
instructions and other executive or administrative orders vesting national agencies with
jurisdiction over specific land areas, which shall remain in force and affect, provided that land
use decisions of the national agencies concerned shall be consistent with the Comprehensive
Land Use Plan of the municipality.

Section 53. Reparability Clause. Should any section or provision of the Ordinance be
declared by the Courts to be unconstitutional or invalid, such decision that shall not affect the
validity of the Ordinance as a whole or any part thereof than the part to declare to be
unconstitutional or invalid.

Section 54. Repealing Clause. All Ordinances, rules or regulations in conflict with the
provisions of this Ordinance are hereby repealed, provided that the rights that are listed upon
the affectivity of this Ordinance shall not be impaired.

Section 55. Effectivity Clause. This Ordinance shall take effect upon approval by the
Sangguniang Panlalawigan.

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Appendix: Official Zoning Map

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