Ord. No. 048, s. 2000

Republic of the PhilippinesPROVINCE OF CAMARINES SUR

Municipality of Ragay

OFFICE OF THE SANGGUNIANG BAYAN (054) - 741-12-81

Excerpts from the minutes of the regular session of the Sangguniang Bayan of Ragay, Camarines Sur held at the Municipal Session Hall on March 26, 2001.

Present:Hon. Justina C. Clemente Vice Mayor/Presiding OfficerHon. Domingo S. Cedo Sangguniang Bayan MemberHon. Maria M. Eje -do-Hon. Adelaida A. Ruy -do-Hon. Melchor A. Balbastro -do-Hon. Benjamin P. Ramos -do-Hon. Judith Q. Amparado -do-Hon. Armando P. Hernandez -do-Hon. Clarita SL. Almarez -do-Hon. Romeo G. Mayor SB Member/ABC PresidentHon. Alberto G. Villaflor SB Member/SKF President

Absent: None

INTRODUCED BY: COUN. DOMINGO S. CEDO

ORDINANCE NO. 048, s, 2000

AN ORDINANCE ADOPTING THE ZONING REGULATION FOR THE MUNICIPALITY OF RAGAY, CAMARINES SUR, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.

BE it ordained by the SANGGUNIANG BAYAN of Ragay, Province of Camarines Sur, that -

WHEREAS, the implementation of Comprehensive Land Use Plan would require the enactment of regulatory measures to translate its planning goals and objectives into reality; and a Zoning Ordinance is one such regulatory measures which is an important tool for the implementation of the Comprehensive Land Use Plan;

WHEREAS, a zoning ordinance is one of the regulatory powers of the government to protect and enhance the public health, safety, morals and general welfare of its citizens;

WHEREAS, the Local Government Code authorizes Local Government Units to enact zoning ordinances subject to and in accordance with existing laws;

WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists in and coordinates the activities of Local Government Units in comprehensive land use planning;

NOW, THEREFORE, the Sangguniang Bayan of Ragay, Camarines Sur, in a session assembled hereby adopts the following Zoning Ordinance.

Cont. Ordinance No. 048, s. 2000 Page 2 of 31

ARTICLE ITITLE OF THE ORDINANCE

Section 1. Title of the Ordinance. This ordinance shall be known as the "Comprehensive Zoning Ordinance of the Municipality of Ragay, Camarines Sur" and shall be referred to as the Ordinance.

ARTICLE IIAUTHORITY AND PURPOSE

Section 2. Authority. This ordinance is enacted pursuant to the provisions of the New Local Government Code, R.A. 7160 Sections 20 1458 a.2 (7-9) and 447 a.2. (7-9) dated 10 October 1991. "Authorizing the Municipality through the Sanggunian Bayan to adopt Zoning Ordinance subject to the provisions of existing laws", and in conformity with E.O. 72.

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

1. Guide, control and regulate future growth and development of Ragay in accordance with its Comprehensive Land Use Plan;

2. Strengthen and protect the functional character or identity and stability of residential, commercial, industrial, institutional, agricultural, forest and open space areas within the municipality and promote the orderly and beneficial development of the same;

3. Promote and enhance the health, safety, economy, convenience, amenity, prosperity and general welfare of the inhabitants.

Section 4. General Zoning Principle.

a. Land is a limited national resource and as such must be managed for the welfare of all in accordance with the community's comprehensive development plan.

b. The environment provides man with life supporting systems and as such it must be conserved and developed to enhance the quality of life.

c. Man's well being is the ultimate consideration of development. This being the case, there is a need for regulatory measures which shall ensure the protection of his immediate environment.

d. Lands must be used in a most beneficial, rational and most efficient manner as to prevent the mixture of incompatible land uses, environmental hazards, blight, depression and artificial scarcity of land resources. Thus there is a need for regulatory measures which shall promote such pattern of development.

e. This comprehensive zoning ordinance is one such regulatory measure which is enacted to identify the various land uses in the districts, designate the allowable uses therein and prescribe physical standards based on the development plan.

ARTICLE IIIDEFINITION OF TERMS

The definition of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other implementing Rules and


Regulations, promulgated by the HLURB. The words phrases hereunder shall be understood to have meaning corresponding indicated as follows:

1. Agricultural Zone - an area within the municipality intended for cultivation/fishing and pastoral activities e.g. fish farming, cultivation of crops, goat/cattle raising, etc.

2. Agro-industrial Zone - an area within the municipality intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc.

3. HLURB/Board - shall mean the Housing and Land Use Regulatory Board.

4. Buffer Area - these are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance and or identifying and defining development areas or zones where no permanent structures are allowed.

5. Built-up Area - a contiguous grouping of ten (10) or more structures.

6. CAA - Civil Aviation Authority.

7. Central Business Districts - shall refer to areas designated for trade, services and business purposes (Commercial 1 Zone).

8. Certificate of Non-Conformance - certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance.

9. Compatible Use - uses or land activities capable of existing together harmoniously e.g. residential and parks and playground.

10. Comprehensive Land Use Plan (CLUP) - a document embodying specific proposals for guiding, regulating and/or development. The main components of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and Land Use.

11. Conflicting Uses - uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants.

12. Conforming Use - a use which is in accordance with the zone classification as provided for in the Ordinance.

13. Easement - open space imposed on any land use activities sited along the waterways, road-right-of-way, cemeteries/memorial parks and utilities.

14. Environmental Critical Areas - refers to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981.

15. Environmental Critical Projects - refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981.

16. 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.

17. Floor Area Ratio or "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 and the area of the lot. The gross floor area of any building should not exceed the prescribed Floor Area Ratio "FAR" 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.

18. Forest Zone - an area within the municipality intended primarily for forest purposes.

19. General Commercial Zone (GCZ) - an area within a municipality for trading/services/business purposes.

20. General Institutional Zone (GIZ) - an area within a municipality principally for general types of institutional establishments e.g. government offices, schools, hospitals/clinics, academic/research, convention centers.

21. General Residential Zone (GRZ) - an area within a municipality principally for dwelling/housing purposes.

22. General Zoning Map - a duly authenticated map delineating the different zones in which the whole municipality is divided.

23. Innovative Design - introduction and/or application of new/creative designs and techniques in development projects e.g. Planned Unit Development (PUD), Newton, etc.

24. Light Industrial Zone (I-1) - a subdivision of an area principally for the following types of industries:

a. non-pollutive/non-hazardousb. non-pollutive/hazardous

25. 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 regulations on land use.

26. Low Density Residential (R-1) - an area within a municipality principally for dwelling/housing purposes with a density of 20 dwelling units and below per hectare.

27. Mitigating Device - a means to grant relief in complying with certain provisions of the Ordinance.

28. New Town - shall refer to a town deliberately planned and build which provides, in addition to houses, employment, shopping, education, recreation, culture and other services normally associated with city or town.

29. Non-Conforming Use - existing non-conforming uses/establishments in an area allowed to operate inspite of the non-conformity to the provisions of the Ordinance subject to the conditions stipulated in this Zoning Ordinance.

30. Parks and Recreation Zone (PRZ) - an area designed for diversion/amusements and for the maintenance of ecological balance of the community.


31. Planned Unit Development (PUD) - it is land development scheme wherein project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building siting, complementarily of building types and land uses, usable open spaces and the preservation of significant natural land features.

32. Rezoning - a process of introducing amendments to or a change in the text and maps of the zoning ordinance. It also includes amendment or change in view of reclassification under Section 20 of R.A. 7160.

33. Rural Area - area outside of designated urban area.

34. Set-back - the open space left between the building and lot lines.

35. Tourist Zone - are sites within the municipality endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.

36. Urban Area - include all barangays or portions of which comprising the poblacion, Central Business Districts (CBD) and other built-up areas including the urbanizable land in and adjacent to said areas and where at least more than fifty percent (50%) of the population are engaged in non-agricultural activities. CBD shall refer to the areas designated principally for trade, services and business purposes.

37. Urban Zoning Map - a duly authenticated map delineating the different zones into which the urban area and its expansion are divided.

38. Urbanizable Land - area designated as suitable for urban expansion by virtue of land use studies conducted.

39. Variance - a special locational clearance which grants a property owner relief from certain provisions of Zoning Ordinance where, because of the particular, physical surroundings, shape or topographical conditions of the property, compliance on height, area, setback, bulk and/or density would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.

40. Warehouse - refers to a storage and/or depository of those in business of performing warehouse services for others, for profit.

41. Water Zone - are bodies of water within municipality which included rivers, streams, lakes and seas except those included in other classification.

42. Zone District - an area within municipality for specific land uses as defined by manmade or natural boundaries.

43. Zoning Administrator/Zoning Officer - a municipal employee responsible for the implementation/enforcement of the Zoning Ordinance in a community.

ARTICLE IVZONING CLASSIFICATIONS


Section 5. Divisions into Zones or Districts. To effectively carry out the provisions of this Ordinance, the Municipality is hereby divided into general classifications as shown in the General Zoning Map (General Land Use Map), and the Urban Area of the Municipality is hereby divided further into the following districts as shown in the official Zoning Map for the Urban District.

a. R-1 Low Density Residential Zone

b. GCZ General Commercial Zone

c. I-1 Industrial Zone

d. GIZ General Institutional Zone

e. SIZ Special Institution Zone

g. AG Agricultural Zone

h. PRZ Parks and other Recreation Zone

i. FZ Forest Zone

j. WT Water Zone

k. TZ Tourist Zone

Section 6. Official Zoning Map. The designation, location and boundaries of the districts herein established is shown in the Official Zoning Map of the municipality as prepared by the Municipal Planning and Development Office and hereby adopted as an integral part hereof.

The Official Zoning Map shall be signed by the Municipal Mayor and bear the seal of the Municipality.

In the event that the Official Zoning Map is damaged, destroyed, lost or becomes difficult to interpret because of the nature or number of changes and additions, the Sangguniang Bayan may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.

Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

Section 7. District Boundaries. The designation, location and boundaries of the district/zones as appearing in the Zoning Map or more specifically described in Annex "A" hereof.

Section 8. Interpretation of District Boundaries. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply;

a. Where districts boundaries are so indicated that they approximately follow the center of streets or highways, street lines, or highways right-of-way lines shall be construed to be the boundaries.

b. Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries.

c. Where district boundaries are so indicated that they are approximately parallel to the center lines or street lines of the street, or the center lines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at


such distance there from as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown on said Zoning Map.

d. Where the boundary of the district follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracts of said railroad line.

e. Where the boundary of a district follows a stream or other bodies of water, said boundary lines shall be deemed to be at the limit of the political jurisdiction of the community, unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shoreline and in the event of change in the shoreline as moving in the actual shorelines, boundaries indicated as approximately following the center lines of streams, rivers, canals and other bodies of water shall construed to follow such center lines. Boundaries indicated as parallel to, or extension of indicated on the Zoning Map shall be determined by the scale of the map.

f. Where a boundary line divides a lot of crosses subdivided property, the location of such boundary shall be indicated upon the zoning map using the scale appearing on such maps.

g. Where a lot of one ownership, as of record at the effective date of this Ordinance, is divided by a district boundary line, the lot shall construed to be within the district where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the district where the principal uses fall.

h. Where a district boundary is indicated as one-lot-deep, said depth shall be construed to be the average lot depth of the lots involved within each particular municipal block. Where, however, any lot has a depth greater than said average, the remaining portion of the portion of the said lot shall be construed as covered by the one-lot-deep zoning district if the remaining portion has an area less than fifty percent of the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent or more of the total area of the lot, then the average depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case may be.

i. All areas already declared or identified as blighted and/or suitable for socialized housing or resettlement shall remain classified as residential.

ARTICLE VZONE REGULATIONS

Section 9. General Provision. The uses enumerated in the succeeding sections are not exhaustive nor all-inclusive. The Local Zone 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 uses expressly allowed.

Allowance of further uses shall in the intrinsic qualities of the land and the socio-economic potentials 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 subdivision, except for uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not interzonal.

Section 10. Use Regulation in R-1 District. It is the intent of this Section that R-1 Zoning District be developed and reserved for low density residential purposes. The regulation


which apply within this district are designated to encourage the formation and continuance of a stable, healthy environment and to discourage any encroachment by commercial, industrial or other uses capable of adversely affecting the residential character of the district.

10.1 Permitted Uses. The following shall be permitted in any R-1 Zoning District:

a) Single detached family dwelling

b) Semi-detached one-family dwelling

c) Single detached two-family dwelling

d) Semi-detached two-family dwelling

e) Customary accessory uses like:

e.1 Servant's quarters

e.2 Private garage

e.3 Guard house

e.4 Private pet house

e.5 Shed or tool room for the storage of equipment used in grounds or building

maintenance.

e.6 Private swimming pool and batch house

e.7 Basketball or pelota court

f. Home occupation, or the practice of one's profession or occupation such as tailoring, dressmaking, baking and the like, provided that:

f.1 No person other than members of the family residing within the premises shall be engaged in such home occupation;

f.2 The use of the dwelling unit for the home occupation is not more than twenty-five percent of the total floor area;

f.3 It produces no alteration or change in the character or exterior appearance of the principal building from that of a dwelling;

f.4 No home occupation shall be conducted in any accessory building;

f.5 No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for packing generated by the conduct of such home occupation shall be met off the street and in a place other than in a required front yard;

f.6 It creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition;

g) Neighborhood and Community Parks and Playgrounds

h) Clubhouses, mini-golf, tennis, basketball and volleyball courts

i) Kindergarten or pre-school nursery

j) Day Care Center


k) Chapel

l) Barangay Centers and related offices

m) Nursery for flowers and plants

10.2 Conditional Uses - The following uses shall be permitted in any R-1 Zoning District provided they will be confined only in the area to be zoned as commercial in a Class A or B subdivision which will be situated in the said R-1 Zoning District and their activities are limited on a neighborhood scale;

a) Grocery or retail stores

b) Retail drugstores

c) Bakeshops

d) Barber and Beauty shops

e) Amusement centers (indoors)

f) Florist shops

g) Music stores and/or record shop

h) Book, magazine, newspaper shop

i) Medical and dental clinic

j) Jewelry and watch repair shops

10.3 Other requirements. Uses permitted in R-1 Zoning Districts shall be required to conform to the following standards:

a) No building or structures for human occupancy whether public or private shall exceed nine and one-half (9.5) meters in height and shall not contain more than two storeys. There shall be no limitations for other structures such as church spires, belfries, cupolas, domes, chimneys, watertanks, bulkheads, and the likes.

b) The lot area shall not be less than one hundred (100) square meters for single family dwelling, one hundred fifty (150) square meters for duplex, and with a lot width of not less than ten (10) meters.

c) The principal building and the accessory building shall not cover more than 70% of the total area of the lot.

Section 11. - Use Regulation in General Commercial Zone - It is the intent of this Section that the GC Zoning District be developed and reserved for local or neighborhood oriented business purposes. The regulations which apply within this districts are designed to encourage the formation and continuance of a stable, healthy and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities; reduce traffic and parking congestion and discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.

11.1 Permitted Uses - The following shall be permitted in the General Commercial Zone District:

a) All permitted uses in R-1 Zoning District


b) Retail business involving the sale of merchandise on the premises of stores specifically including:

b.1 Antique store

b.2 Appliance, radio, television store

b.3 Art supply store

b.4 Department store

b.5 Bookstores and office supplies stores

b.6 Household furnishing store

b.7 Shopping centers

b.8 Hardware store

b.9 Wet markets and supermarkets

b.10 Wine stores

b.11 Paint stores

b.12 Photographic and camera supply and service store and studio

b.13 Shoe store

b.14 Sporting goods store

b.15 Restaurants and other eateries

b.16 Movie houses/theaters and other commercial recreational facilities

b.17 Day and night club

b.18 Office buildings

b.19 Office condominiums

b.20 Gasoline and service stations

b.21 Storerooms and warehouses, but only as may be necessary for the efficient conduct of the business.

c) Business involving the rendering of a personal service or the repair and servicing of small equipment specifically including:

c.1 Appliance, radio, television repair shop

c.2 Bank, savings and loan association, personal loan agency and branches

c.3 Barber shop, beauty shop, or combination thereof

c.4 Bicycle repair and sales shop

c.5 Dressmaker, seamstress, tailor

c.6 Dry cleaning and/or laundry shops

c.7 Insurance agency

c.8 Jewelry and watch repair shop

c.9 Locksmith

c.10 Public utility business office

c.11 Real estate agency


c.12 Special education schools like dancing school, schools for self-defense, driving school, speech clinics

c.13 Shoe repair shop

c.14 Telegraph office

c.15 Telephone Exchange

c.16 Radio and/or television station

c.17 Off-street commercial parking lot

c.18 Publicly owned and operated building, facility or land

11.2 Other Requirements - Uses permitted in GC Zoning District shall govern by the following standards:

a) There shall be no limitations except that no building shall be built to a height exceeding one and one-half times the width of the street upon which the building abuts. A building may exceed the above height provided that the portion of the building higher than one and one-half times the width of the street is set back from every street and lot line one meter for each six meters or less in excess of one and one-half times the width of the street. Where a corner lot is involved, the height limitations for the wider street shall govern for a distance of forty meters along the narrower intersecting street.

b) When a building is designed or intended to be used for purely residential purposes, it shall have a lot area of not less than fifty-four (54) square meters for a single family. Business building in corner lots shall cover not more than ninety (90) percent of the total area of the lot and not more than eight-five percent if they are on inner lots.

Section 12. Use Regulations In I-1 Zone - The intent of the I-1 Zoning District is to provide areas for limited industrial purposes which are not significantly objectionable in terms of noise, odor, fumes, etc., to surrounding properties. The regulations which apply within the district are designed to encourage the formation and continuance of a compatible environment for uses generally classified to be limited industrial in nature and protect and reserve undeveloped areas in the municipality which are suitable for such industries.

12.1 Permitted Uses. - The following uses shall be permitted in any I-1 Zoning District:

a) Non pollutive and non-hazardous (NP/NH) manufacturing industries like:

a.1 Manufacturer of bakery products

a.2 Custom tailoring and dressmaking shops

a.3 Commercial and job printing

a.4 Manufacturer of musical instruments

b) Non-pollutive and hazardous (NP/H) manufacturing industries like

b.1 Garment factories

b.2 Manufacture of pulp stationary, envelopes and other articles.

b.3 Manufacture of shoes, shoe lace and similar products

b.4 Manufacture of bamboo, rattan and other cane baskets and wares


c) Non-pollutive and extremely hazardous (NP/EH) like the manufacture of compressed and liquefied gas.

d) Cottage industries

12.2 Conditional Uses. - The following uses shall be permitted on a conditional basis in any I-1 Zoning District, subject to the conditions set forth:

a) Any use permitted on a conditional basis in any General Commercial Zoning (GCZ) District

b) Any industries use which involves manufacturing, processing, assembly, storage, operation, provided that any noise, vibration, smoke, gas, fumes, odor dust, fire hazard, or other injuries or obnoxious condition, related to the operation are not sufficient to create a nuisance beyond the premises.

12.3 Other Requirements. - Uses permitted in all I-1 Zoning District shall be governed by the following standards:

a) The same height regulations as required in R-1 and GC Zoning Districts except in areas that may be declared by the Civil Aviation Authority (CAA) as along air traffic routes, in which case, the building heights shall be governed by CAA regulations.

b) The same area regulations as required in R-1 and R-2 or General Commercial (GC) Zoning Districts for buildings intended for residential purposes shall be followed.

Section 13. Use Regulations in General Institutional (GIZ) Zone. In GI Zone, the following uses shall be allowed:

a) Government center to house national, regional or local offices in the area

b) Colleges, universities, professional business schools, vocational and trade

schools and other institutions of higher learning.

c) General Hospitals, medical centers, multipurpose clinics

d) Scientific, cultural and academic centers and research facilities except nuclear,

radioactive, chemical and biological warfare facilities.

e) Convention centers and related facilities

f) Religious structures e.g. church, seminary and convents

g) Museums

h) Student housing e.g. boarding house, dormitories

Section 14. Use Regulations in Special Institution Zone (SIZ). In SI Zones, the following use shall be allowed:

a. Welfare homes, orphanages, boys and girls town, home for the aged and the like


b. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed mothers, physically and mentally and emotionally handicapped, ex-sanitaria inmates and similar establishments

c. Military camps/reservations/bases and training grounds

d. Penitentiary and correctional institution

Section 15. Use Regulations in Agro-Industrial Zone (AIZ). It is the intent of this Section that the AI Zoning District shall be developed for the establishment of activities for the processing and storage of farm products and other compatible uses.

15.1 Permitted Uses - The following shall be permitted in the Agro-Industrial (AI) Zoning District:

a) Rice and corn mills

b) grain storage

c) warehouse

d) meat processing plants

e) food processing

f) slaughterhouse

15.2 Conditional Uses - The following uses shall be permitted on conditional basis in any Agro-Industrial Zoning District:

a) Any use permitted in I-1 Zoning District provided said industrial establishment must secure an environmental clearance from the appropriate agency.

Section 16. Use Regulation in Agricultural Zone (AZ). It is the intent of this section that the (AGZ) Zoning District shall be intended for agricultural production and related compatible uses.

16.1 Permitted Uses - The following shall be permitted in the Agricultural (AG) Zoning District:

a) For the commercial production of farm products like:a.1 rice and corn

a.2 mango, coconut, coffee, and other fruits

a.3 vegetables

a.4 poultry, piggery, and the raising of other animals and fowls

a.5 copra making

a.6 fishponds

a.7 sugar cane

a.8 pineapple

a.9 rootcrops


16.2 Conditional Uses. - The following uses shall be permitted on conditional basis in any Agricultural (AGZ) Zone:

a) agricultural research and experimental stations

b) agricultural schools

c) farmers residential houses and accessories

d) fishery schools

e) green houseSection 17. Use Regulation for Parks and Recreation Zone (PRZ). -

This district shall be use mainly for parks and open spaces to provide ecological balance between the community and at the same time provide inexpensive recreation places for the inhabitants.

17.1 Permitted Uses - The following shall be the allowable uses in the PR Zoning District

a) Parks and playgrounds

b) Zoo

c) Botanical Gardens

d) Municipal plaza

e) Other similar uses

17.2 Prohibited Uses - Any use of site or type of structure, nature of use, intensity of activity or traffic or offensive operating characteristics be determined by the Office of the Zoning Administrator to be incompatible with the character and intent of the district.

Any sign except those that are essential to identification of uses for the benefit of the public, size and character shall be determined by the Office of the Zoning Administrator.

Section 18. Use Regulation for Forest Zone (FZ). No development use or activity shall be allowed in Forest Zone unless consistent with the Department of Environment and Natural Resources (DENR), Development regulations for Forest Zones and a Permit, Lease or License is issued by the DENR for the following:

1. Contract reforestation with Forest Land Management Agreement (FLMA)

2. Commercial Tree Plantation and Industrial Forest Plantation (ITP/FP)

3. Integrated Social Forestry Program (ISF)

4. Community-Based Forest Management

5. Reforestation Compliance by Forest Users by Temporary Lease Agreement

6. Reforestation Compliance by Pasture Lease Agreement

7. Ecological Revolution Programs (ECOREV)

Other allowable uses such as Mining, Infrastructure Development, Fishpond and Resettlement purposes should be in consonance with the national policies as enumerated below:

1. Mining


No extraction or other mining activity shall be undertaken except in accordance with the Mining Code and its Implementing Rules and Regulations.

2. Fishpond Purposes

Fishing activities within the Forest Zone shall be undertaken pursuant to the provisions of the Fisheries Code and its Implementing Rules and Regulation and the Revised Forestry Code of the Philippines as amended.

3. Infrastructure and Resettlement

Infrastructure development and resettlement undertaken within Forest Zone shall be consistent with the provisions of the revised Forestry Code of the Philippines, as amended, and subject to the approval of such projects in order to determine their environmental impacts and social acceptability.

Section 19. Use Regulations in Water Zone (WZ).

1. The utilization of the water resources for domestic and industrial use shall be allowed provided it is in consonance with the development regulations of DENR, provisions of the Water Code, and the revised Forestry Code of the Philippines as amended, and provided further, that it is subject to an Environmental Impact Assessment prior to the approval of its use.

2. Other uses such as recreation, fishing, and related activities, floatage/transportation and mining shall also be allowed provided it is consonance with the provisions of Water Code, and the revised Forestry Code of the Philippines, as amended.

Such bodies of water shall include rives, streams, lakes and seas.

Section 20. Regulations in Tourist Zone (TZ).

No tourism project or tourism related activities shall be allowed in Tourist Zone unless developed or undertaken in accordance with the Department of Tourism (DOT) guidelines and granted approval by the said agency.

ARTICLE VIGENERAL DISTRICT REGULATION

Section 21. Development Density - Permitted density shall be based on the zones capacity to support development.

A. Residential Zone

a.1 Low Density Residential Zone (R-1) - In R-1 Zone, allowed density is twenty (20) dwelling units and below per hectare.

a.2 Medium Density Residential Zone (R-2) - In R-2 Zone, allowed density is twenty one to sixty-five (21-65) dwelling units per hectare.

a.3 High Density Residential Zone (R-3) - In R-3 Zone, allowed density is sixty-six (66) or more dwelling units per hectare.

B. All Other Zones


There is no maximum density but should be based on the planned absolute level of density that it is intended for each concerned zone based on the Comprehensive Land Use Plan.

Section 22. Height Regulation. Building height must conform to the height restrictions and requirements of the Air Transportation Office (ATO) as well as the requirements of the National Building Code, the 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.

A. Residential Zones

a.1 Low Density Residential Zone (R-1) - In R-1 Zone, no building or structure for human occupancy whether public or private shall be higher that ten meters above highest natural grade line in the property or front sidewalk (Main Entry) level; low rise dwelling are up to three storeys.

a.2 Medium Density Residential Zone (R-2) - In R-2 Zone, no building or structure for human occupancy whether public or private shall be higher than twenty-one (21) meters above highest natural grade line in the property or front sidewalk (Main Entry) level; mid-rise dwellings are four to seven storeys.

a.3 High Density Residential Zone (R-3) - In R-3 Zone, high rise dwelling units of eight or more storeys are allowed provided it conforms with the zone's prescribed Floor Area Ratio (FAR). The FAR of an R-3 Zone shall be based on the Planned Density of Development intended for the zone.

B. All other Zone

There is no fixed building height limits except those prescribed by the Air Transportation Office (ATO) and other government regulations. Within these zones, building heights shall be based on the prescribed Floor Area Ration (FAR).

Section 23. Exemptions from Height Regulation in R-1 and R-2. Exempted from the imposition of height regulations in residential zones are the following: towers, church, steeples, water tanks and other utilities and such other structure not covered by the height regulations of the National Building Code and/or the Air Transportation Office.

Section 24. Area Regulations. Area regulation in all zone shall conform with the minimum requirement of the existing codes such as:

a. P.D. 957 - the "Subdivision and Condominium Buyers Protective Law" and its revised implementing rules and regulations.

b. B.P. 220 - "Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects" and its revised implementing rules and regulations.

c. P.D. 1096 - National Building Code

d. Fire Code

e. Sanitation Code

f. Plumbing Code

g. Structural Code


h. Executive Order No. 648

i. Other relevant guidelines promulgated by the national agencies concerned.

Section 25. Setback Regulations. The following road setback regulation shall be applied:

ROAD SETBACK

Major Secondary TertiaryThoroughfare Road Road(6m and

Zoning 30m and above above)Classification

Diversion/ Provincial Mun./BrgyRailway

Residential 10 m. 10 m. 3 m.Commercial 20 m. 20 m. 7 m.Industrial 30 m. 25 m. 10 m.Agriculture 20 m. 20 m. 7 m.Agro-Industrial 30 m. 25 m. 10 m.Institutional 20 m. 20 m. 10 m.Parks/Recreation 10 m. 10 m. 3 m.Forest 30 m. 25 m. 10 m.

Section 26. Easement. Pursuant to the provisions of the Water Code.

1.) the banks of rivers and streams and the shores of the seas throughout their entire length and within a zone of three (3) meters in urban areas; twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage.

No person shall be allowed to stay in this zone longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build structures of any kind.

Section 27. Buffer Regulations. A buffer of three (3) meters shall be provided along boundary length between two or more conflicting zones allocating 1.5 meters from each side of the district boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of the yard or open space.

Section 28. Specific Provisions in the National Building Code. Specific provisions stipulated in the National Building Code (P.D. 1069) as amended thereto relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling or rear lots, access yard requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance, shall be observed.

ARTICLE VIIENVIRONMENTAL MANAGEMENT


Section 29. Performance Standards - The following are the criteria established to control noise, odor, smoke, toxic, or noxious matter, vibration, fire and explosive hazards, and glare or heat generated by or inherent in uses of land or buildings:

a) 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 of a distance of not less than twenty (20) meters from the street as buffers. To minimize vibrations, a machinery should be mounted on shock absorbing mountings, such as cork set on reinforced concrete foundation or a floating isolated foundation set on piles, as needed by the machinery concerned to reduce all noise and vibrations to a reasonable minimum. Noise, which is objectionable due to intermittence, beat frequency or high pitch shall not be allowed unless enclosed in a sound-proof building as tested and approved by the authorities concerned.

b) Smoke - Any smoke emitted from any source for period aggregating seven (7) minutes in any thirty minute particularly when, starting a new fire, shall have a density not greater than No. 2 of the Ringlemann Chart.

c) Dust, Dirt and Fly Ash - The emission of dust, dirt, or fly ash from any sources or activity which shall pollute the air and render it unclean, destructive, unhealthful or hazardous, or cause visibility to be impaired, shall not be permitted. In no case whatsoever shall dust, dirt or fly ash be allowed to exceed 0.68 grams per cubic meter of fuel gas at stack temperature of 60 centigrade nor to create a haze with opaqueness equivalent to or greater then No. 1 of the Ringlemann Chart.

d) Odors and Gases - The emission of foul odors and gases deleterious to public health, safety and general welfare shall not be permitted. Buildings and activity emitting foul odors and obnoxious gases shall be enclosed by airtight buildings provided with air conditioning system, filters, deodorizing and other cleaning equipment.

e) Glare and Heat - Glare and Heat from any operation or activity shall not be allowed to be radiated, seen or felt from any point beyond the limits of the property.

f) Industrial Waste - Industrial plant waste shall be disposed of only in a manner which will not create any nuisance or danger to adjoining properties or to the community in general.

g) Sewage Disposal - No sewage dangerous to the public health, safety, and general welfare shall be discharged into any public sewer system, natural waterway or drainage channel. In addition to the following requirements, all sewage shall comply with pertinent requirements of the national Pollution Control Commission. Acidity or alkalinity shall be neutralized to a PH of between 6.5 and 8.5 as a daily average on a volumetric bases with a temporary variations of 5.0 to PH 10.0. Waste water shall not contain substances at levels considered toxic to whatever organisms are considered benefited from the receiving waters which maybe by man, fishes or other organism. Waste water shall not contain oil or grease in excess of 300 PPM or exceed a daily average of 10 PPM.

Section 30. Environmental Impact Assessment/Statement - Major constructions/development/activities may be required by the Zoning Administrator or the local government to submit an Environmental Impact statement for review by the authorities concerned. The following requirements shall be submitted by the applicants.

a) Detailed description of the proposed development or activity.

b) Detailed description of the physical, biological, social environment within which the proposed development or activity will be placed.


c) Detailed description of the existing plants if there is any which will be affected by the proposed development or activity.

d) Detailed description of probable direct or induced impact of the proposed activity on the physical, biological and social environment.

e) Comparison of impact of alternative actions.

f) Detailed description of the proposed measures that will be provided or to be incorporated in the project development to ensure the environmental soundness and acceptability of the project.

Section 31. Buffer Strips/Easement - In the utilization, exploitation development, conservation and protection of water resources the following setbacks and/or easement along the entire length of the banks of rivers, creeks and streams shall be observed:

a) Three (3) meters setback for all urban uses.

b) Twenty (20) meters easement for all agricultural

c) Forty (40) meters easement for all forest uses.

The above setbacks/easement shall be subjected for public use as for recreation, navigation, floatage, fishing, salvage and other similar activities.

ARTICLE VIIIPLANNED UNIT DEVELOPMENT (PUD)

Section 32. Nature and Concept - Planned Unit Development (PUD) involves the development of mixed-use large scale projects on a single tract of land or in a particular compact integrated area employing innovative techniques or designs for the purpose of encouraging creativity, flexibility and economy in land uses. Conventional standards and criteria are liberalized in an area where innovative techniques are employed.

Section 33. Requirements and Procedure for Granting of Permits to Planned Unit Development. Before any PUD may be permitted, the owner or developer must first submit his plans to the Zoning Administrator who will review the zoning viability of the site and discuss with the Municipal Planning and Development Office and with the concerned public officials and agencies the viability of the project. In addition, he shall conduct a public hearing on the application, following the procedures prescribed for the conduct of hearings prior to the grant of variances as set forth in Article VIII herein. He may prescribe such terms and conditions that may he deem as reasonable and proper, provided they are consistent with as set forth in the next succeeding section.

Section 34. Conditions for the allowance of Planned Unit Development (PUD) - The establishment of PUD in any area shall be permitted only if the following conditions are complied with:

a) It would be economically impracticable to apply the conventional standards of this ordinance to a particular area or the compliance with such requirements would be less efficient, less economical in design and space utilization and creativity;

b) The owner/developer must submit to the municipal council and the Zoning Administrator, preliminary and final plans including the project feasibility study for review;


b.1 The preliminary plan must generally set forth any existing or proposed arrangements of lots, streets, access points, buffer strips and rail, water, highway or other transport arrangements, and the relation (in terms of existing and potential economic influence and environmental impact) of the tract of land involved with the surrounding properties;

b.2 The final plan must in addition to the above requirements describe the noise, odor, smoke, vibration, dust, noxious gases, glare and heat, fire hazards, industrial wastes and traffic which may be produced by the development.

c) The proposed development will not be incompatible with existing and proposed adjacent and surrounding uses, and it should not defeat the purposes and objectives of the development plan and ordinance of the municipality;

d) The area of the proposed (PUD) is a consolidated parcel of land of at least two (2) hectares.

ARTICLE IXSUPPLEMENTARY REGULATIONS

Section 35. Application of Zone Regulations - The regulations set by this Ordinance within this Zone unless otherwise provided, shall apply uniformly to each class or kind of structure or land as follows:

a) No building, structure or land shall hereafter be used, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed or reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located;

b) No building or other structure shall hereafter be erected or altered:

1. to exceed the prescribed height or bulk

2. to accommodate or house a greater number of families

3. to occupy a greater percentage of lot area

4. to have narrower or smaller yard requirement or any other contrary to the provisions of this ordinance

5. on any portion within the legal easements of creeks and rivers

c) No part of a yard, off-street parking, loading spaces required of any building, shall for the purpose of complying with this ordinance, be included as part of the yard, open space, off-street parking, loading space similarly required for other any building;

d) No yard or lot existing at the time of the passage of this Ordinance shall be reduced in dimensions of area below the minimum requirements set forth herein.

Section 36. Special Permit Uses - The following shall require a special permit from the Zoning Administrator, in accordance with the criteria below prescribed:

1. Dumping Sites

a) Adequate fencing shall be put up to prevent undue scattering of wastes.


b) Poisoning of rats and spraying of flies and the general maintenance of the dumping site shall be the sole responsibility of the applicant.

c) The dumping site shall not be located outside the applicant's premises if private, and shall be located within a reasonable distance from the residential zones, if public.

d) Other sanitary requirements of the municipality shall be complied with.

2. Incinerator Plants

a) They shall not as far as practicable be located within residential zones.

b) A site inspection shall be required to determine that the proposed plant does not constitute safety hazards to the adjacent land uses and to the community in general.

c) Their sound maintenance shall be the sole responsibility of the applicant and/or the persons running them.

d) They shall not be contradicting to the provisions of clean air act or R.A. 8749

3. Cemeteries

a) They shall be located outside of, or within reasonable distance from residential zones.

b) Their sound maintenance shall be the responsibility of the applicant or persons running them.

c) Where public welfare demands, however, they may not be denied location in some residential zones provided the preceding conditions are complied with.

4. Radio Transmitting Stations

a) They shall be located within commercial zones.

b) Their sound maintenance shall be the exclusive responsibility of the applicant and/or persons running them.

c) Where public welfare demands, however, they may not be denied location in some residential zones provided the preceding condition is complied with.

5. Private landing strip, runways, heliports, and helipads

a) They shall not be located within residential zones.

b) They must be at least 200-300 feet from the nearest residential zones or residence.

c) A written authority to operate shall be obtained from the CAA Administrator by the applicant at least 90 days before the intended date of operation, and a notice shall be posted or published in at least one of the daily newspapers to determine public opposition to the proposed landing site.


d) Sworn statements of the owners of the adjoining lands signifying their conformity to the proposed landing site shall be obtained by the applicant at least 30 days before the intended date of operation.

6. Filling Stations

a) They shall be located within reasonable distance from schools, churches, hospitals and other similar buildings.

b) They shall not constitute safety hazards in a community developed entirely into residential purposes.

7. Open Storage

a) They shall be located within reasonable distance from schools, churches, hospitals and other similar buildings, preferably 200-300 feet away or more.

b) Their sound maintenance shall be the sole responsibility of the applicant.

Section 37. Traffic Generators - All traffic generating building and structure allowed in any of the Districts must provide for adequate parking spaces for their employees, clients and visitors.

Section 38. Pollution Control - For effective pollution control, all manufacturing industries must apply for non-pollution clearance from the DENR.

Section 39. Advertising and Business Signs - Advertising and business signs to be displayed or put up for public view in any of the Districts herein enumerated must have a permit from the Zoning Administrator in order that proper location, height and size will be determined.

ARTICLE XNON-CONFORMING USES, EXCEPTIONS AND VARIANCES

Section 40. Existing Non-Conforming Uses and Building. The lawful use of any building, structure or land at the time of the adoption of this Ordinance may be continued, although such use does not conform with the provisions of this Ordinance, provided:

a) That no such non-conforming use shall be enlarged or increased 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 of land where such non-conforming use exists at the time of the adoption of this Ordinance.

b) That no such non-conforming use which has ceased for more than one (1) year or has been changed to a use permitted in the district in which it is located be again revived as non-conforming use.

c) That any non-conforming structure, or one or more of a group of non-conforming structure related to one use and under the ownership, which have been damaged by fire, flood, explosion, earthquake, war, riot, or other such force majeurs may be reconstructed


and used as before provided, that such reconstruction is not more than fifty percent (50%) of the assessed value of the structure or structures.

d) That the total structural repair and alteration that may be made in a non-conforming structure shall not, during the remaining lifetime, that is, subsequent to the adoption of this Ordinance exceed twenty five percent (25%) of its assessed value.

e) That such non-conforming use may be enlarged or extended only if the entire building is thereafter devoted to conforming use.

f) That such non-conforming use may be extended, enlarged, increased or moved to displace any conforming use.

g) That no such non-conforming use shall be changed to another non-conforming use.

h) No such non-conforming structure may be enlarged or altered in a way which increased its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

i) Should such non-conforming structures or non-conforming portion of structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

j) Should such structure be moved for any/reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

Section 41. Certificate of Non-Conformance. A certificate of non-conformance/for all non-conforming uses shall be applied for by the owner or agent of the property involved within twelve (12) months from the approval of this Ordinance, otherwise, the non-conforming use may be condemned at the owner's expense.

Section 42. Deviations - Exceptions and variances or deviations from the provisions of this Ordinance may be allowed by the Zoning Administrator only when the following terms and conditions obtain:

A. Variances:

1. The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owners cannot obtain a reasonable return on the property.

2. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property.

3. The hardship is not self-created.

4. The proposed variance is the minimum deviation necessary to permit a reasonable use of the property.

5. The variance will not alter the essential character of the district or zones where the property for which the variance is sought is located, and will not substantially or permanently injure the use of other property in the same district or zone.


6. The variance will not weaken the general purpose of the ordinance and will not adversely affect the public health, safety or welfare.

7. The variance will be in harmony with the spirit of this Ordinance.

B. Exceptions:

1. The exception will not adversely affect the public health, safety and welfare and is in keeping with the general pattern of development in the community.

2. The exception will not adversely affect the appropriate use of either property in the same district.

3. The exception will not alter the essential character of the district where the exception sought is located, and will be in harmony with the general purpose of the of the Ordinance.

4. The exception will not weaken the general purpose of the regulation, established for the specific district.

Section 43. Exceptions and Variances, Procedure for Granting the Same. The procedure for the granting of an exception and/or variance is as follows:

a) A written application for an exception or variance is filed with Zoning Administrator, indicating the section of this Ordinance under which the same is sought and stating the ground therefore.

b) The Zoning Administrator shall make preliminary studies on the application and fix the time and place for the hearing, if found necessary.

c) A written notice of the public hearing shall be served on the applicant and the owners of the properties adjacent to the property which is the subject of the application, at least fifteen (15) days prior to the scheduled public hearing. Notice of such hearing shall also be posted on the property for which the exception is sought, at the municipal hall, and in one another public place at least fifteen (15) days prior to the said public hearing.

d) At the public hearing, any party may appear in person, or by an agent or attorney.

e) At the hearing all interested parties shall be afforded the opportunity to be heard and based in the evidence and testimonies presented, the Zoning Administrator shall decide on whether or not to grant variances.

f) The Zoning Administrator shall render a decision within sixty (60) days from the filling of the application, exclusive of the time spent for public hearing.

Section 44. Visibility at Interaction Residential Zone. On a corner lot in any residential district, nothing shall be created, placed or planted or allowed to grow in such manner as materially to impede vision between a height of two and a half (2 ½ ft.) above the center line grade of interacting streets in the area bounded by the street lines of such corner lots and a line joining points said street lines fifty feet (50 ft.) from the point of the interaction.

Section 45. Easement, Streets and Other Public Land Not included in any Zone. Should any land, or any portion thereof revert to private ownership and the said street or public land does not appear on the zoning map as included in any district, the regulation


provided for in this Ordinance which are applicable to the most restricted district immediately adjacent to the land under consideration shall be applied to such land or portion thereof.

Section 46. Dwelling or Rear Lots - No building used or designated to be used as a residence shall be allowed in any rear lot unless such lot has an exclusive right-of-way easement over a path of at least four meters (4 meters) leading to a street and there shall be not more than one building for each easement. Two or more buildings, however, may be allowed on a corner path if the right-of-way easement is at least six meters (6m.) wide.

Section 47. Accessory Building - No accessory building shall be erected in any required yard and no separate accessory building shall be erected within five (5 ft.) of any other building.

Section 48. Erection of More than One Principal Structure. In any District where more than structure may be permitted to be erected on a single lot, the yard and other requirement of this Ordinance shall be met for each structure as though it were erected on an individual lot.

Section 49. Structure to have Access. Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to an approved private street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection and shall have the required off-street parking.

Section 50. Yard Requirements along a Zone Boundary Line - Lots abutting on a district boundary line shall conform to the yard requirements of the more restrictive district bounded by the line.

Section 51. Dwelling Group - When it is impracticable to apply the requirements of this Ordinance to individual building unit in a residential compound consisting of two (2) or more buildings, a permit for the construction of such compound may be issued, provided that the plan thereof conforms to the following conditions:

a) That the building are to be used for residential purposes and such accessory uses are permitted in the district where the compound is located.

b) That the average lots per family or dwelling unit, in the compound, exclusive of the area or to be used for street driveways, is not less than the lot area per family required in the district.

c) That there is provided, within the street on which the residential compound is to be located, an open space for playground purposes within an area equivalent to at least an aggregate area of five percent (5%) of the required lot area per family, but in no case less than one hundred square meters (100 m.) provided that where the residential compound is intended for less than ten (10) families, the setting aside of such area for playground purposes may be dispensed with, and provided, further, that when an open space for playground purposes is set aside, this open space may be used as part of the yard requirements for the compound.

d) That there is provided, within the tract on which the residential compound is to be erected, or immediately adjacent thereto, an adequate private garage or off-street parking area, depending on the needs of the residents and their visitors.


ARTICLE XIENFORCEMENT AND ADMINISTRATION

Section 52. Enforcement - This Ordinance shall be enforced and administered by the Zoning Administration who shall be appointed by the Municipal Mayor.

Section 53. Qualification of Zoning Administrator. To qualify for the position of Zoning Administrator, he or she must be - (1) of good moral character; (2) possessing specialized knowledge, training and/or experience in physical planning, construction and/or design technology, or in the absence of one, a lawyer; (3) a resident of the community for at least 5 years; and/must have no direct or indirect pecuniary interests in any public or private development construction.

Section 54. Powers and Duties. The Zoning Administrator shall administer and enforce the provisions of this Ordinance, specifically.

A) To grant or deny, with or without conditions, applications for the granting of exceptions in accordance with the following criteria:

1. That the exception is essential to maintain the functional design and architectural integrity of the development.

2. That the exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

3. That the exception will not alter the essential character of the district where the property for which exception is sought, is located.

4. That the exception will not weaken the general purpose of the regulation herein established for the specific district.

5. That the exception will be in harmony with the spirit and purpose of this Ordinance.

6. That the exception will not adversely affect the public health, safety or welfare.

B) To grant or deny, with or without conditions, application for the granting of a variance in accordance with the following criteria:

1. That the property be unique and different from other property nearby.

2. That because of the uniqueness, the owners cannot obtain a reasonable return on the property.

3. That the hardship is not self-created.

4. That the proposed variance is the minimum variance necessary to permit a reasonable return on the property.

5. That the variance will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district.

6. That the variance will not alter the essential character of the district where the property, for which variance is sought, is located.


7. That the variance will not weaken the general purpose of the Ordinance or the regulation herein established for the specific districts.

8. That the variance will be in harmony with the specific of this Ordinance.

9. That the variance will not adversely affect the public health, safety or welfare.

C) To issue certificate of zoning compliance as herein provided.

D) To serve notice requiring the removal of any use in violation of this Ordinance upon the owner, agent, or tenant of the building or land, or upon the architect, builder, contractor or other persons who commit or assist in any such violation.

E) To call upon the assigned prosecutor to institute any necessary legal proceeding to enforce the provision of this Ordinance. The assigned prosecutor is hereby authorized to institute the appropriate action to this end.

F) To call upon the Chief of Police and his authorized agents to assist in the enforcement of this Ordinance.

G) To report to the Municipal Planning and Development Board and the Sanggunian Bayan all the exceptions and variances granted so that the zoning map can be correspondingly updated and also a report on the progress and problems encountered in the administration and enforcement of this Ordinance, making the necessary recommendation therefore.

H) Take any other action authorized by this Ordinance to ensure compliance with or prevent violation of its provisions.

I) To deputize barangay officials with regards to monitoring and report any violation in the barangay.

Section 55. Report of Zoning Status - The Zoning Administrator shall submit a biannual reports on the status of the land uses of the municipality including the number, nature and character of permits granted or denied, non-conforming uses, variances, exceptions, innovative techniques, special and temporary uses and conditions imposed thereon to the Sanggunian Bayan.

Section 56. Certificate of Zoning Compliance - No building permit shall be issued unless a certificate of Zoning Compliance has been obtained from the Zoning Administrator. Such certificate shall show among other things that the building or part thereof and the proposed use of the same are in conformity with the provisions of this ordinance. The Zoning Administrator shall maintain a record of all certificates of zoning compliance and a copy shall be furnished upon the request of any interested person.

Section 57. Expiration of Certificate of Zoning Compliance. If the certificate of zoning compliance is not used for one year from the date of issue, said permit shall be canceled by the Zoning Administrator and a notice thereof shall be given to the person affected.

Section 58. Zoning Board Appeals. An Administrative board known as the Zoning Board of Appeals is hereby created, which shall consist of following members:

1. Municipal Planning and Development Coordinator

2. Municipal Assessor

3. Municipal Engineer


4. Municipal Agriculturist

5. Sangguniang Bayan - Chairman on Land Use

6. Municipal Treasurer

7. Municipal Agrarian Reform Officer

8. (1) Representative from NGO

The concurring vote of four (4) members shall be necessary to reverse any order, decision or determination of the Zoning Administrator.

Section 59. Procedure in the Zoning Board of Appeals. The board shall adopt rules necessary for the conduct of its affairs. Meeting shall be held at the call of the chairman and such other times as the Board may determine. The Chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

The Board shall keep a minute of its proceedings showing the vote of each member upon each question raised and keep a record of its official actions, all of which shall constitute a public record.

Section 60. Appeals. Any person aggrieved by the decision of the Zoning Administrator regarding the interpretation, administration or enforcement of this Ordinance may appeal to the Local Zoning Board of Appeals. Such appeals shall be taken within a reasonable time, but not exceeding sixty (60) days from the receipt of the notice of the decision or action taken by the Zoning Administrator, by filling with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds therefore. The Zoning Administration shall transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board of Appeals shall fix the time and place for the hearing of the appeal, give due notice to the parties and decide the same within a reasonable time. Decision of the Board of Appeals shall be final.

Section 61. Powers - The Zoning Board of Appeals shall have the powers to:

a) Hear and decide appealed cases where it is alleged that there is a substantial error in any decision, order or determination made by the Zoning Administrator in the enforcement of this Ordinance.

b) Grant variance and exceptions as provided for in this Ordinance.

Section 62. - The procedure for granting of an exception and variance is as follows:

a) A written application for an exception or variance is filed with the Zoning Administrator indicating thereon the section of this Ordinance under which the same is sought and stating the grounds therefore.

b) The Zoning Administrator shall fix the time and place for the hearing.

c) A written notice of the public hearing shall be served on the applicant and the owners of the properties adjacent to the property which is the subject of the application at least fifteen (15) days prior to the scheduled public hearing. Notice of such hearing shall be posted on the property for which the exception is sought, at the Municipal Hall, and in one another public place at least fifteen (15) days prior to the said public hearing.

d) At the public hearing, any party may appear in person, or by an agent or by an attorney.


Section 63. Limitations on the Power and Authority of the Board. The Zoning Board of Appeals is a quasi-judicial body. As such, it shall have no power and authority to amend, alter, repeal or legislate a zoning ordinance. The territorial jurisdiction of the Board shall be limited to the Municipality from which it derives its authority.

Section 64. Creation of Local Zoning Review Committee. This Zoning Ordinance shall be reviewed every year or sooner as the need arises, by a committee to be known as the Local Zoning Review Committee. The Committee shall be headed by the Municipal Planning and Development Coordinator and shall compose of the following:

1. SB - Chairman on Land Use

2. Municipal Assessor

3. Municipal Engineer

4. Municipal Agriculturist

5. Municipal Treasurer

6. Municipal Agrarian Reform Officer

7. (1) Representative from NGO

The representative of the Sangguniang Bayan shall be elected by the members of this legislative body while the representative of the private sector shall be appointed by the Mayor.

Section 65. Functions of the Review Committee. The Local Zoning Review Committee shall have the following powers and functions:

A. Review the zoning ordinance for the following purposes:

1. Determine what amendments or revisions are necessary in the zoning ordinance because of changes that might have been introduced in the local development plan.

2. Determine what changes would have to be introduced in the local development plan in the light of permits given, and exceptions and variances granted, and

3. Identify what provisions of the ordinance have been difficult to enforce or are unworkable.

B. Recommend to the Sanggunian Bayan necessary legislative amendments and to the Municipal Development Council the needed changes in the plan as a result of the review conducted by it.

C. Provide information to the Housing and Land Use Regulatory Board that would be useful in the exercise of the Functions of the Commission.

Section 66. Violation and Penalty. Any person or juridical persons who violates any of the provisions of the Ordinance shall upon conviction, be punished by a fine of two thousand five hundred (P 2,500.00) pesos or an imprisonment of not more than six (6) months or both such fine and imprisonment at the discretion of the court.

Section 67. Monitoring on the Enforcement. All Sangguniang Barangays thru their respective Punong Barangays are hereby enjoined to monitor the enforcement of this ordinance.


They are hereby authorized to report, check, pending if necessary any construction of a building or structure which does not comply with any of the provision of this ordinance in close coordination with the Office of the Zoning Administrator.

Section 68. Amendments. The Municipal Council may, from time to time, on its own motion or upon recommendation by the Zoning Administrator amend, supplement or repeal any provisions of this Ordinance.

Section 69. 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 70. Suppletory Effect of the Laws. The provisions of this Ordinance shall be without prejudice to the applications of the laws, presidential decrees, letter of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, PROVIDED THAT LAND USE DECISIONS OF THE NATIONAL AGENCIES CONCERNED SHALL BE CONSISTENT WITH THE DEVELOPMENT PLAN OF THE LOCALITY.

Section 71. Repealing Clause. All other ordinance, rules or regulations in conflict with the provisions of this Ordinance are hereby repealed; provided that vested rights on the effectivity of this Ordinance shall not be impaired.

UNANIMOUSLY APPROVED: By order of the Sangguniang Bayan of Ragay, Camarines Sur this 26th day of March, 2001.

I HEREBY CERTIFY to the correctness of the foregoing Municipal Ordinance No. 048, s. 2000 otherwise known as the "Comprehensive Zoning Ordinance of the Municipality of Ragay, Camarines Sur".

(Sgd.)MANUEL C. COMOTA

S.B. Secretary ATTESTED:

(Sgd.)HON. JUSTINA C. CLEMENTE Vice-Mayor/Presiding Officer

(Sgd.)HON. DOMINGO S. CEDO (Sgd.)HON. MARIA M. EJE SB Member SB Member

(Sgd.)HON. ADELAIDA A. RUY (Sgd.)HON. MELCHOR A. BALBASTRO SB Member SB Member

(Sgd.)HON. BENJAMIN P. RAMOS (Sgd.)HON. JUDITH Q. AMPARADO SB Member SB Member

(Sgd.)HON. ARMANDO P. HERNANDEZ (Sgd.)HON. CLARITA SL. ALMAREZ SB Member SB Member


(Sgd.)HON. ROMEO G. MAYOR (Sgd.)HON. ALBERTO G. VILLAFLORSB Member/ABC President SB Member/SKF President

APPROVED:

(Sgd.)HON. RENATO E. AQUINO, M.D. Date Approved: April 30, 2000.

Municipal Mayor

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Ord. No. 048, s. 2000

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