REPUBLIC OF THE PHILIPPINES PROVINCE OF PAMPANGA MUNICIPALITY OF MEXICO OFFICE OF THE SANGGUNIANG BAYAN Tel. No. (045)966—3707 Email Address: [email protected]EXCERPTS FROM THE MINUTES OF THE MINUTES OF THE 129TH REGULAR SESSION OF THE NINTH SANGGUNIANG BAYAN OF THE MUNICIPALITY OF MEXICO, PROVINCE OF PAMPANGA HELD ON MARCH 20, 2019 AT THE SANGGUNIAN SESSION HALL. PRESENT: Hon. Jonathan R. Pangan - Municipal Vice-Mayor/ Presiding Officer Hon. Lourdes G. Sicat - S. B. Member Hon. Emmanuel R. Manalo - “ Hon. Fernando R. Dizon - “ Hon. Elimar M. Ventura - “ Hon. Louise Angelica D. Simbulan. - “ Hon. Terence S. Napao ' - A.B.C. President Hon. DexterT. Colis - S.K.M.F. President ABSENT: Hon. Eduardo T. Vitangcul - S. B. Member Hon. Romeo C. Payabyab - “ Hon. Noel R. Sambile - " MUNICIPAL ORDINANCE NO. 010-2017 A MUNICIPAL ORDINANCE ENACTING THE COMPREHENSIVE ZONING ORDINANCE OF THE MUNICIPALITY OF MEXICO, PROVINCE : OF PAMPANGA; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT OR MODIFICATION THEREOF; AND REPEALING ALL EXISTING MUNICIPAL ORDINANCES INCONSISTENT THEREWITH. WHEREAS, the implementation of the Comprehensive Land Use Plan contained in Resolution No. 015-2019 of the Sangguniang Bayan requires the ' passage of a zoning regulatory measure in order to translate its planning goals and objectives into reality; and WHEREAS, the Local Government Code of 1991 empowers local government units to enact zoning regulatory measures in consonance with their respective approved comprehensive land use plan, subject, however to existing 3* laws, rules and regulations. NOW THEREFORE - On motion of Honorable Fernando R. Dizon and duly seconded by Honorable Louise Angelica D. Simbulan,
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REPUBLIC OF THE PHILIPPINESPROVINCE OF PAMPANGA
MUNICIPALITY OF MEXICOOFFICE OF THE SANGGUNIANG BAYAN
EXCERPTS FROM THE MINUTES OF THE MINUTES OF THE 129THREGULAR SESSION OF THE NINTH SANGGUNIANG BAYAN OF THEMUNICIPALITY OF MEXICO, PROVINCE OF PAMPANGA HELD ON MARCH20, 2019 AT THE SANGGUNIAN SESSION HALL.
PRESENT:
Hon. Jonathan R. Pangan - Municipal Vice-Mayor/Presiding Officer
Hon. Lourdes G. Sicat - S. B. MemberHon. Emmanuel R. Manalo - “
Hon. Fernando R. Dizon - “
Hon. Elimar M. Ventura - “
Hon. Louise Angelica D. Simbulan. - “
Hon. Terence S. Napao ' - A.B.C. PresidentHon. DexterT. Colis - S.K.M.F. President
ABSENT:
Hon. Eduardo T. Vitangcul - S. B. MemberHon. Romeo C. Payabyab - “
Hon. Noel R. Sambile - "
MUNICIPAL ORDINANCE NO. 010-2017
A MUNICIPAL ORDINANCE ENACTING THE COMPREHENSIVEZONING ORDINANCE OF THE MUNICIPALITY OF MEXICO,PROVINCE : OF PAMPANGA; PROVIDING FOR THEADMINISTRATION, ENFORCEMENT AND AMENDMENT ORMODIFICATION THEREOF; AND REPEALING ALL EXISTINGMUNICIPAL ORDINANCES INCONSISTENT THEREWITH.
WHEREAS, the implementation of the Comprehensive Land Use Plancontained in Resolution No. 015-2019 of the Sangguniang Bayan requires the
' passage of a zoning regulatorymeasure in order to translate its planning goals andobjectives into reality; and
WHEREAS, the Local Government Code of 1991 empowers localgovernment units to enact zoning regulatory measures in consonance with theirrespective approved comprehensive land use plan, subject, however to existing
3* laws, rules and regulations.
NOW THEREFORE -On motion of Honorable Fernando R. Dizon and duly seconded by
Honorable Louise Angelica D. Simbulan,
BE IT ORDAINED BY THE SANGGUNIANG BAYAN OF THEMUNICIPALITY OF MEXICO, PROVINCE OF PAMPANGA, in regular sessionassembled:
ARTICLE I
TITLE OF THE ORDINANCE
SECTION 1. TITLE OF THE ORDINANCE. — This Municipal Ordinanceshall be known as the Comprehensive Zoning Ordinance of the Municipality ofMexico, Province of Pampanga and shall be referred to as the Ordinance
ARTICLE II
AUTHORITY AND PURPOSE
SECTION 2. AUTHORITY. — This Municipal Ordinance is enacted inpursuance to the pertinent provisions of Subsection a.2(ix) of Section 447 ofRepublic Act No. 7160, authorizing the Municipality of Mexico through theSangguniang Bayan to adopt a Zoning Ordinance subject to existing laws and inconformity to Executive Order No. 72, series of 1993 of the Office of the President
SECTION 3. PURPOSE. - This Ordinance is enacted for the followingpurposes:
1. Guide, control and regulate future growth and development ofMexico, Pampanga in accordancewith its Comprehensive Land UsePlan;
2. Protect the character and stability of residential, commercial,industrial, institutional, forestry, agricultural, open spaces and otherfunctional areas within the locality and promote the orderly andbeneficial development of the same;
3‘ Promote and protect the health, safety, peace, comfort, convenienceand general welfare of the inhabitants in the locality.
SECTION 4. GENERAL ZONING PRINCIPLE.— This Zoning Regulation isbased on the approved General and Urban Land Use Plan as per Resolution No.015-2019 of the Municipality of Mexico, Province of Pampanga.
ARTICLE IIIDEFINITION OF TERMS
The definition of technical terms used in the Zoning Ordinance shall carrythe same meaning given to them in already approved codes and regulations, suchas, but not limited to the National Building Code, Water Code, PhilippineEnvironmental Code and other Implementing Rules and Regulations, promulgatedby the HLURB. The words, terms and phrases enumerated hereunder shall beunderstood to have the meaning corresponding indicated as follows:
1. Agricultural Zone (AGZ) - an area within the municipality intendedfor cultivation / fishing and pastoral activities e.g., fishing, farming,cultivation of crops, goat / cattle raising, etc.
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Agri-lndustrial Zone (Agan) - an area within the municipalityintended primarily for integrated farm operations and related productprocessing activities such as plantation for bananas, pineapple,sugarcane, etc.
Agra-Forestry Zone (AFZ) — an area within the local governmentunit devoted to agro-forestry uses.
Aquaculture Sub-Zone (Aq-SZ) - an area within the MunicipalWaters Zone of the municipality designated for ”fishery operationsinvolving all forms of raising and culturing fish and other fisheryspecies in fresh, brackish and marine water areas“ (Fisheries Code).HLURB / Board - shall mean the Housing and Land Use RegulatoryBoard.
Buffer I Greenbelt Zone (B / GZ) — an area within a municipality thatare yards, parks or open spaces intended to separate incompatibleelementsor uses to control pollution / nuisance and for identifying anddefining development areas or zones where no permanent structuresare allowed.
Central Business District— refers to area designated principally fortrade, services and business purposes (Commercial Zone).Certificate of Non-Conformance— certificate issued to owners of alluses existing prior to the approval of the Zoning Ordinance, which donot conform in a zone as per provision of the said Ordinance.
Certificate of Non-Coverage — a document issued by the DENRcertifying that the proposed project or undertaking is not included inthe Environmental impact Statement (ElS) system.
Cockpit - a pit or enclosure within a building or a portion thereofwhere cockfights are held. Money betting may be made or not.
Commercial Garage - a garage where motor vehicles are housed,cared for, equipped, repaired or kept for remuneration, hire or sale.
Compatible Use - uses of land activities capable of existing togetherharmoniously, e.g. residential use and parks and playgrounds.
Comprehensive Land Use Plan (CLUP) — a document embodyingspecific proposals for guiding and regulating growth and / ordevelopment. The main components of the Comprehensive LandUse Plan in this usage are the sectoral studies, eg. Demography,Socio-Economic, Infrastructure and Utilities, Local AdministrationandLand Use.
Conflicting Uses - a use or land activities with contrastingcharacteristics sited adjacent to each other, e.g., residential unitsadjacent to industrial plants.
Conforming Use — a use that is in accordance with the zoneclassification as provided for in the Ordinance.
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Easement - open space imposed on any land use / activities sitedalong waterways, road-right—of-ways, cemeteries / memorial parksand utilities.
Ecotourism Overlay Zone (ETM-OZ) - an area in the municipalityintended for ecotourism uses.
Environmental Compliance Certificate - a document issued byDENR certifying that the proposed project or undertaking will notcause significant negative environment impacts and the proponenthas complied with the requirements of the EIS system.
EnvironmentallyCritical Areas - refer to those areas that areenvironmentally sensitive and are listed in Presidential ProclamationNo. 2146 dated December 14, 1981.
EnvironmentallyCritical Projects — refer to those projects that havehigh potential for negative environmental impacts and are listed inPresidential Proclamation No. 2146 dated December 14, 1981.
Exception - a device which grants a property owner relief fromcertain provisions of a Zoning Ordinance where because of thespecific use would result in a particular hardship upon the owner, asdistinguished from a mere inconvenience or a desire to make moremoney.
FloorArea Ratio or “FAR" — the ratio between the gross floor areaof a building over the area of the lot on which it stands, determinedby dividing the gross floor area of the building and the area of the lot.The gross floor area of any building should not exceed the prescribedFAR multiplied by the lot area. The FAR of any zone should be basedon its capacity to support development in terms of the absolute levelof density that the transportation and other utility networks cansupport.
Forest Zone — an area within the municipality intended primarily forforest purposes.
General Commercial Zone (GCZ) - an area within the municipalityfor trading / services / business purposes.
General Institution Zone (GIZ) — an area within the municipalityprincipally for general types of institutional establishments, e.g.government offices, schools, hospitals / clinics, academic / research,convention centers.
General Residential Zone (GRZ) — an area within the municipalityprincipally for dwelling / housing purposes.
General Zoning Map - a duly authenticated map delineating thedifferent zones in which the whole municipality is divided.
Gross FloorArea (GFA) - is the total floor space within the perimeterof the permanent external building walls, occupied by:
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‘r Office areas;
'r Residential areas;’9 Corridors;
> Lobbies;
; Mezzanines;
”r Vertical penetrations which shall mean stairs, fire escapes,elevator shafts, fiues, pipe shafts, vertical ducts, and the like,and their enclosing walls;
'9 Rest rooms or toilets;
> Machine rooms and closets;
'r Storage rooms and closets;
'r Covered balconies and terraces;
)9 interior walls and columns, and other interior features;but excluding:
‘r Covered areas used for parking and driveways, includingvertical penetrations in parking floors where no residential oroffice units are present;
‘r Uncovered areas for air-condition cooling towers, overheadwater tanks, roof deck, laundry areas and cages, wading orswimming pools, Whirlpools or Jacuzzis, gardens, courts orplazas
High DensityResidential Zone - a subdivision of an area principallyfor dwelling / housing purposeswith a density of 66 or more units perhectare.
Heavy Industrial Zone - an area within the municipality principallyfor the following types of industries:
; Highly pollutive / Non-hazardous;
‘r Highly pollutive/ Hazardous;
‘iv Highly pollutive / Extremely Hazardous;
‘r PollutivelExtremely Hazardous; and
‘r Non-polllutive / Extremely Hazardous.
Hospital — an institution providing health services primarily forin-patient, medical or physical care of the sick or injured, including asan integral part of the institution, such related facilities as laboratories,out—patient department, training facilities and staff offices.
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Innovative Design - introduction and / or application of new /creative designs and techniques on development projects, eg.Planned Unit Development (PUD), New Town, etc.
Light Industrial Zone (L-l) — a subdivision of an area principally forthe following types of industries:
2 Non-pollutive / non-hazardous; and
‘r Non-pollutive / hazardous.
Locational Clearance — a clearance issued to a project that isallowed under the provisions of this Zoning Ordinance as well asother standards, rules and regulations on land use.
Low Density Commercial Zone — an area within the municipalityprincipally for trade, services and business activities ordinarilyreferred to as the Central Business District.
Low Density Residential Zone — an area within the municipalityprincipally for dwelling / housing purposes with a density of 20dwelling units and below per hectare.
Medium Density Commercial Zone— an area within themunicipality with quasi-trade business activities and serviceindustries performing complementary / supplementary functions toprincipally commercial zone (CBD).
Medium Density Residential Zone — an area within the municipalityprincipally for dwelling / housing purposes with a density of 21 to 65dwelling units per hectare.
Medium Industrial Zone — an area within the municipality principallyfor the following types of industries:
“r Non— Pollutive / Non—hazardous; and
‘r Pollutive I hazardous.
Mitigating Device — a means to grant relief in complying with certainprovisions of the Ordinance.
New Town — shall refer to a town deliberately planned and built whichprovides, in addition to houses, employment, shopping, education,recreation, culture and other services normally associated with a cityor town.
Non-Conforming Use — existing non-confirming uses /establishments in an area allowed to operate in spite of the non—conformity to the provisions of the Ordinance subject to the conditionsstipulated in this Zoning Ordinance.
Parks and Recreation Zone (PRZ) — an area designed for diversion/ amusements and for the maintenance of ecological balance of thecommunity.
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Planned Unit Development (PUD) — it is a land developmentschemewherein project site is comprehensively planned as an entityvia 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 landfeatures.
Production Agricultural Sub-Zone (PDA-SZ) - an area within theAgricultural Zone of the municipality that is outside of NPAAAD anddeclared by the municipality for agricultural use.
Protection Agricultural Sub-Zone (PTA-SZ) - an area within theAgricultural Zone of the municipality that includes the NPAAADwhichare “agricultural areas identified by the Department of Agriculturethrough the Bureau of Soils and Water Management (BSWM) incoordination with the National Mapping and Resource InformationAuthority (NAMRlA) in order to ensure the efficient utilization of landfor agriculture and agro-industrial development and promotesustainable growth".
Rezoning — a process of introducing amendments to or a change inthe text and maps of the Zoning Ordinance. it also includesamendment or change in view of reclassification under Section 20 ofRA. No. 7160.
Rural Area— area outside of designated urban area.
Service / Filling Station - a building and its premises wheregasoline, oil, grease, batteries, tires and car accessories may besupplied and dispensed at retail and where in addition, the followingservicesmay be rendered:
‘2 Sale and servicing of spark plugs, batteries and distributorparts;
‘r Tire servicing and repair, but not recapping and re—grooving;
‘5» Replacement of mufflers and tail pipes, water hose, fan belts,brake fluids, light bulbs, fuses, floor mats, seat covers,windshield wipers & wiper blades, grease retainers, wheelbearings, mirror & the like;
'r Radiator cleaning and flushing;
‘r Washing and polishing, and sale of automotive;
‘r Greasing and lubrication;
‘r Minor servicing and carburetors;
‘r Adjusting and repairing of brakes;
> Minor motor adjustments not involving removal of the head orcrankcase or raising the motor;
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> Sale of softdrinks, packaged foods, tobacco and similarconvenient goods for service station customers as accessoryand incidental to the principal operation;
> Provision of road maps and other informational materials tocustomers and provision of rest room facilities.
Major mechanical and body work straightening of body parts,painting, welding, storage of automobiles not in operatingconditions, or other works involving noise, glare, fumes, smokeor other characteristics to any extent greater than normallyfound in service stations are not permitted at a service station.
Setback — the open spaces left between the building and lot lines.
Special Institutional Zone (SI-Z) — an area in the municipalityintended principally for particular types of institutional establishments,eg. welfare homes, orphanages, home for the aged, rehabilitationand training centers, military camps / reservation / bases / traininggrounds, etc.
Strategic Agriculture and Fisheries Development Zone (SAFDZ)— refers to “areas within the NPAAAD identified for production, agro-processing and marketing activities to help develop and modernize,with the support of government, the agriculture and fisheries sectorsin an environmentally and socio-culturallysound mannef’ (AFMA).
Tourism Zone — are sites within the municipality endowed withnatural or manmade physical attributes and resources that areconducive to recreation, leisure and other wholesome activities.
Urban Area(s) — include/s a/all barangay(s) or portion(s) of whichcomprising the Poblacion, Central Business District (CBD) and otherbuilt-up areas including the urbanizable land in and adjacent to saidareas and where at least more than fifty percent (50%) of thepopulation are engaged in non-agricultural activities. CBD shall referto the areas designated principally for trade, services and businesspurposes.
Urban Zoning Map - a duly authenticated map delineating thedifferent zones into which the urban area and its expansion area aredivided.
Urbanizable Land — area designated as suitable for urban expansionby virtue of land use studies conducted.
Variance— a special locational clearance which grants a propertyowner relief from certain provisions of Zoning Ordinance where,because of the particular physical surrounding, shape ortopographical conditions of the property, compliance on height, area,setback, bulk and / or density would result in a particular hardshipupon the owner, as distinguished from a mere inconvenience or adesire to make more money.
Warehouse — refers to a storage and / or depository of those inbusiness of performing warehouse services for others for profit.
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Water Zone - refers to bodies of water within the municipality thatinclude rivers, streams, lakes and seas except those included in otherzone classification.
Zone / District— an area within the municipality for specific land useas defined by manmade or natural boundaries.
Zoning Administrator I Zoning Officer - a municipal governmentemployee appointed by the Mayor and who is responsible for theimplementation / enforcement of the Zoning Ordinance in thecommunity
Zoning Ordinance — a local legal measure that embodies regulationsaffecting land use.
ARTICLE IVZONE CLASSIFICATIONS
SECTION 5. DIVISION, ZONE OR DISTRICTS. — To effectively carry outthe provisions of this Ordinance, the municipality is hereby divided into thefollowing zones or districts as shown in the official zoning map (refer to Annexesand for the appropriate color codes):
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General Residential Zone (GR-Z);
Socialized Housing Zone (SH—Z);
Low Density Commercial Zone (C1—Z);
Medium Density Commercial Zone (CZ—Z);
High Density Commercial Zone (CS-Z);
General Institutional Zone (GI-Z);
Special institutional Zone (Si-Z);
Light industrial Zone (l1-Z);
Medium Industrial Zone (l2—Z);
Heavy industrial Zone (l3-Z);
Production Agriculture Sub-Zone (PDA—SZ);
Protection Agriculture Sub-Zone (PTA—SZ);
Protection Aquaculture Sub—Zone (PTAq-SZ);
Aquaculture Sub-Zone (Aq—SZ);
Agri—lndustrial Zone (Agan);
Parks and Recreational Zone (PR-Z);
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17. Eco-TourismOverlay Zone (ETM-OZ);
18. Water Zone (W-Z);
19. Cemetery and Memorial Park Zone (C/MP-Z);
20. Utilities, Transportation and Services Zone (UTS-Z); and
21. Bufferl Greenbelt Zone (BIG-Z),
SECTION 6. ZONING MAPS. — It is hereby adopted as an integral part ofthis Ordinance, the official zoning maps for urban areas and for the wholemunicipality (General), wherein the designation, location and boundaries of thedistricts / zones herein established are shown and indicated. Such official zoningmaps shall be signed by the Local Chief Executive and duly authenticated by theSangguniang Bayan.
SECTION 7. ZONE BOUNDARIES. — The locations and boundaries of theabove mentioned various zones into which the municipality has been divided arehereby identified and specified as follows:
ZONE BOUNDARIES:
ZONE LOCATIONBuffer] Greenbelt Zone All areas colored dark green (RGB: 0,100,0) with
(BIG-Z) hatch.Areas bounding each bank of waten/vays, and notfalling less than 3-meters and 20-meters from eachside of water bodies if within urban areas andagricultural zones, respectively.
General Residential Zone(GR-Z)
All areas colored light yellow in Zoning Map(RGB: 255,255,130).10 to 100 meters from road centerlines applicable toall roads but shall not encroach waterways.
Socialized Housing Zone(SH-Z)
Areas colored yellow (RGB: 255,255,0) in barangaysTangle, Pandacaqui. Labeled “SH-Z” in barangaySan Juan refers to proposed socialized housing.Areas colored light yellow in Zoning Map in barangaySan Rafael west side of NLEX adjacent toSummerfield and Tierra Vista subdivision.
Low DensityCommercial Zone
(C1-Z)
Areas colored light red (RGB: 255,125,125) labeled“01-2" in Zoning Map.Both sides of proposed road extending from Balas toMasamat, all the way to NLEX.Few portions on both sides of proposed roadconnecting JASA Road and Quezon Road(barangays San Jose Matulid and San Antonio).
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Medium DensityCommercial Zone
(CZ-Z)
Areas colored red (RGB: 255,255,0) in Zoning Mapspecified as 02-2.50 to 100 meters on both sides of JASA Road,starting from Wilcon Depot up to Lagundi Bridge.Areas within10 to 50 meters on both sides of JASARoad from Lagundi Bridge up to Abacan River.Areas within 10 to 50 meters from road centerlinestarting from municipal hall up to Parian and SanCarlos barangay boundary.Areas within 10 to 100 meters from the centerline ofthe Quezon Road traversing all areas beinginfluenced by the by-pass road specificallybarangays of Laug. Dolores Piring, San Nicolas andSan Lorenzo.Areas within 10 to 50 meters from road centerlineportions of Quezon Road in barangays San Roque,San Nicolas and Laug.Areas within 50 to 300 meter radius from intersectionof NLEX and Sindalan-Anao Road.Areas within 10 to 50 meters from centerline ofAngeles-Magalang Road in barangay SapangMaisac as shown in Zoning Map.10 to 100 meters from centerline of road in northernpart of Pandacaqui resettlement area.10 to 50 meters from centerline of Mexico-MagalangRoad in barangay San Carlos from MexicoCommunity Hospital up to Mexico National HighSchool.
High DensityCommercial Zone
(CS-Z)
Areas colored red (RGB: 170,0,0) in Zoning Mapspecified as 03-2.100 to 200 meters on both sides from the centerlineof JASA Road starting from the boundary of Mexicoand CSFP up to area across Wilcon Depot.
General Institutional Zone(GI-Z)
All colored blue (RGB: 0,0,255) in Zoning Map.Corresponds to general institutional facilities such asgovernment buildings, schools, hospitals and healthunits, gymnasiums and sports complexes andchurches.
Special Institutional Zone(SI—Z)
Lighter shade of blue (RGB: 0,115,255) in ZoningMap.A proposed government center that will serve as“one-stop shop" for all government offices offeringtheir mandated services to the public shall beestablished. The said government center shall bebuilt in San Jose Matulid, near the proposed roadconnecting JASA and Quezon roads.
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Utilities, Transportationand Services Zone
(UTS-Z)
All colored steel gray (RGB: 178, 178, 178) in ZoningMap.NGCP area located in San Jose Matulid at around 14hectares.4 hectares PELCO1 area in barangay Sto. Domingo,north side of JASA Road.All existing roads, transmission offices of electric andwater utilities, toll services, telecommunicationtowers and road strips fall under this category.
Light Industrial Zone(I1—Z)
All colored light violet (RGB: 195,50, 255) in ZoningMap.Proposed light industrial zones at 40 hectares inAnao, 20 hectares in San Jose Malino, 13 hectaresin San Antonio, and 48 hectares in San Jose Matulid.Light industrial zone in San Jose Matulid shallsurround each side of proposed road connecting SanIsidro Laug and Sto. Cristo and traversing SanLorenzo, San Antonio and San Jose Matulid.
Medium Industrial Zone(I2-Z)
All colored violet (RGB: 150, O, 200) in Zoning Map.Proposed medium industrialized zone shall coverSan Lorenzo, San Isidro Laug and San Nicolas at120, 98 and 48 hectares, respectively.
Heavy Industrial Zone(Is-Z)
All colored dark violet (RGB: 90, O, 250) in ZoningMapProposed heavy industrialized zone shall cover SanLorenzo, San Isidro Laug and Dolores Piring at 32,22 and less than 1 hectares, respectively.
Agricultural Zone IProduction Agriculture
All areas colored green (RGB: 0, 150, 0) in theZoning Map which represent agricultural lands
Sub-Zone utilized for production and grazing (grasslands and(PDA-SZ) idle / abandoned agricultural lands).
Agri-Industrial Zone All areas colored mauve (RGB: 200,150,255) in(AgInZ) Zoning Map.
Livestock and poultry-raising farms.Parks and Recreational All areas colored light green (RGB: 100,225,100) and
Zone labeled “PRZ” in the Zoning Map.(PR-Z) Public parks and camping sites fall under this
categoryCemetery/ All areas colored bright mint green (RGB: 165, 255,
Memorial Park Zone 115) that indicate both public and private cemeteries(C/MP-Z) / memorial parks.
Eco-Tourism All areas colored orange (RGB: 255,153,0) andOverlay Zone labeled ”ETM-OZ” in the Zoning Map.(ETM-OZ) More than one kilometre along Abacan River, starting
from the bridge in Sto. Rosario going upstream toSan Patricio and about 30-meters from each bank,the revetment and riparian buffers shall beaesthetically improved with provision of benches,ornamental vegetation and stylish pathways andbiking sections to promote tourism
Aquaculture Sub-Zone(AQ-SZ)
All areas colored light steel blue (RGB: 175, 215,230) in the Zoning Map, which indicate fishpondsutilized for production.
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Water Zone . All areas colored light blue (Reszb, 195,255) in the(W—Z) Zoning Map, which mainly are rivers and creeks, and
irrigation,Protection Agriculture . There are two (2) color coding used for Zoning Areas
Sub-Zone which fall under the Strategic Agriculture and Fishery(PTA—SZ) Development Zones (SAFDZ). These are strictly
excluded from any reclassification and landProtection Aquaculture conversion.Sub-Zone (PTACI-SZ) 0 Agricultural lands and fishponds under SAFDZ are
identified as Protection Agriculture Zones andProtection Aquaculture Zones, respectively. PTA-SZis colored green ((RGB: O, 150, O) with hatching,while PTAq-SZ is colored light steel blue (RGB: 175,215, 230Lwith hatching.
SECTION 8. INTERPRETATION OF THE ZONE BOUNDARY. - In theinterpretation of the boundaries for any of the zones indicated on the zoning map,the following rules shall apply:
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Where zone boundaries are so indicated that they approximatelyfollow the center of street or highway, the street or highway right-of-way lines, shall be construed to be the boundaries;
Where zone boundaries are so indicated that they approximatelyfollow the lot lines, such lot lines shall be construed to be theboundaries;
Where zone boundaries are so indicated that they are approximatelyparallel to the center lines or right-of—way lines of street and highway,such zone boundaries shall be construed as being parallel theretoand at such distance there from as indicated in the zoning map. If nodistance is given, such dimension shall be determined by the use ofthe scale shown in said zoning map;
Where the boundary of a zone follows approximately a railroad line,such boundary shall be deemed to be the railroad right-of-way;
Where the boundary of a zone follows a stream, lake or other bodiesof water, such boundary line should be deemed to be at the limit ofthe political jurisdiction of the community unless otherwise indicated;
Where a lot of one’s ownership, as of record at the effective date ofthis Ordinance, is divided by a zone boundary line, the lot shall beconstrued to be within the zone where the major portion of the lot islocated. In case the boundary line bisects the lot, it shall fall in thezonewhere the principal structure falls;
Where zone boundary is indicated as one-lot-deep, said depth shallbe construed to be the average lot depth of the lots involved withineach particular city / municipal block, Where, however, any lot hasa depth greater than said average, the remaining portion of said lotshall be construed as covered by the one-lot-deep zoning district,
provided, the remaining portion has an area less than equivalent tofifty percent (50%) or more of the total area of the lot than the averagelot depth shall apply to the lot which shall become a lot divided andcovered by two or more different zoning districts, as the case maybe;
In case of any remaining doubt as to the location of any property alongzone boundary lines, such property shall be considered as fallingwithin the less restrictive zone;
8. The textual description of the zone boundaries shall prevail over thatof the Official Zoning Maps.
SECTION 9. GENERAL PROVISIONS. - The uses enumerated in thesucceeding sections are neither exhaustive nor all—inclusive. The Local ZoningBoard of Appeals (LZBA) shall, subject to the requirements of this article, allowother uses not enumerated hereunder, provided, that they are compatible with theuses expressly allowed.
Unless otherwise herein provided, no building structure or land shall be usedor occupied and no building or structure or a part thereof shall hereafter be erected,constructed or reconstructed, moved or structurally altered except in conformitywith the provisions of the National Building Code of the Philippines (PrD. No. 1096)and all the implementing rules and regulations issued hereto. This provision shallbe uniformly observed in all the zones.
Allowance of further uses shall be based on the intrinsic qualities of the landand the socio-economic potential of the locality with due regard to the maintenanceof the essential qualities of the zone.
Specific uses / activitiesof lesser density within a particularzone (low densityresidential) may be allowed within the zone of higher density (medium densityresidential, high density residential) but not vice versa. nor in another zone and itssubdivisions (e.g. general commercial, low density commercial, medium densitycommercial), except for uses expressly allowed in said zones, such that thecumulative effect of zoning shall be intra-zonal and not inter-zonal.
SECTION 10. USE REGULATIONS IN GENERAL RESIDENTIAL ZONE.- A General Residential Zone shall be used principally for dwelling / housingpurposes so as to maintain peace and quiet of the area within the zone. Thefollowing are the allowable uses:
1. Single-detached dwelling units;
2. Semi—detached family dwelling units, eg. duplex;
3. Townhouses;
4. Apartments;
5. Residential condominiums;
6. PD. No. 957 Subdivisions;
7. PD. No. 957 Condominiums;
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Boarding houses;
Dormitories;
Pension houses;
Hotel apartments or apartels;
Hotels;
Museums;
Libraries;
Home occupation for the practice of one’s profession such as officesof physicians, surgeons, dentists, architects, engineers, lawyers andother professionals or for engaging home business such asdressmaking, tailoring, baking, running a sari-sari store and the like,provided that:
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Home
The number of persons engaged in such business / industryshall not exceed five (5), inclusive of owner;
There shall be no change in the outside appearance of thebuilding premises; That in no case shall more than 20% of thebuilding be used for said home occupation;
No home occupation shall be conducted in any customaryaccessory uses cited above;
No traffic shall be generated by such home occupation ingreater volume than would normally be expected in aresidential neighborhood and any need for parking generatedby the conduct of such home occupation shall be met off thestreet and in a place other than the required front yard; and
No equipment or process shall be used in such homeoccupation which creates noise, vibration, glare, fumes, odorsand electrical interference detectable to the normal senses andvisual or audible interference in any radio or television receiveror causes fluctuations in line voltage off the premises.
Industry classified as cottage industry, provided that:
Such home industry shall not occupy more than thirty percent(30%) of the floor area of the dwelling unit. There shall be nochange or alteration in the outside appearance of the dwellingunit and shall not be a hazard or nuisance;
It shall be classified as non-pollutive / non—hazardous asprovided in this integrated ZO;
Allotted capitalization shall not exceed the capitalization as setby the DTI; and
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d. Such shall consider the provisions pertaining to customaryaccessory uses, traffic and equipment / process under HomeOccupation of this section.
Recreational facilities for the exclusive use of the members of thefamily residingwithin the premises, such as:
a. Swimming pool,
b. Tennis courts,
c. Basketball courts.
Parks and Open Spaces;
Nursery / Elementary school;
High school;
Vocational school;
Tutorial services;
Sports club;
Religious Use;
Multi-purpose/ Barangay hall;
Clinic, nursing and convalescing home, health center;
Plant nursery;
Parking buildings (aboveground I underground);
Customary accessory uses incidental to any of the principal usesprovided that such accessory uses shall not include any activityconducted for monetary gain or commercial purposes such as:
a. Servants quarters;
b. Private garage;
c. Guardhouse;
d. Laundries;
e. Non-commercialgarages;f. Houses for pets such as dogs, birds, rabbits and the like of not
more than 4.00 sq. m. in floor area:
1) Pump houses,
2) Generator houses.
Page 16 of 60, 0rd No. 0104017, Re: A municipal ordinance enacting lhe Comprehemive ZoningOrdinanceoftheMunicipalityofMexico, Prov. quampanga.
SECTION 10A. USE REGULATIONS IN SOCIALIZED HOUSING ZONE(SHZ). - A SHZ shall be used principally for socialized housing / dwelling purposesfor the unprivileged and homeless as defined in RA. No. 7279. Allowed uses:
1. All uses allowed in General Residential Zone.
SECTION 11. USE REGULATIONS IN COMMERCIAL ZONE. - ACommercial Zone shall be for business / trade / services.
SECTION 11A. USE REGULATIONS IN 0-1 ZONE. — Referred to asCentral Business District (CBD), a 0—1 Zone shall be principally trade, services andbusiness activities. Enumerated below are allowable uses:
1. Offices like —
a) Office building; and
b) Office condominium
2. General retail condominium —
a) Department store;
b) Bookstore and office supply shop;
c) Home appliance store;
d) Car shop;
e) Photo shop; and
f) Flower Shop.
3. Food markets and shops like —
a) Bakery and bake shop;
b) Wine store;
0) Grocery; and
d) Supermarket.
4. Personal service shops like -a) Beauty parlor;
b) Barber shop;
c) Sauna bath and massage clinic; and
& cl) Dressmaking and tailoring shops.
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Recreational centers / establishments like —
a) Movie house / theater;
b) Play court, eg. tennis court, bowling lane, billiard hall;
0) Swimming pool;
d) Day and nightclub;
e) Stadium, coliseum, gymnasium; and
f) Other sports and recreational establishment,
Restaurants and other eateries;
Short term special education like —
a) Dancing schools;
b) School for self-defense;
0) Driving school; and
d) Speech clinics.
Storerooms but only as may be necessary for the efficient conduct ofthe business;
Commercial housing like -a) Commercial condominium (with residential units in upper
floors)
Embassy / consulate;
Library l museum;
Filling station / service station;
Clinic;
Vocational / technical school;
Convention center and related facilities;
Delivery service;
Security agency;
Janitorial service;
Bank and other financial institutions;
Radio and television station;
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Building garage;
Commercial and job printing;
Typing and photo engraving services;
Repair of optical instruments and equipment and cameras;
Repair of clocks and watches;
Manufacture of insignia, badges and similar emblems except metal;
Transportation terminal I garage;
Plant nursery;
Scientific, cultural and academic centers and research facilitiesexcept nuclear, radioactive, chemical and biological warfare facilities.
SECTION 115. USE REGULATIONS lN C-2 ZONE. -A 0-2 Zone shall befor quasi-trade, business activities and service industries performing complimentaryfunctions to principally Commercial Zone (CBD). Within the C—2 Zone, the followinguses are allowed:
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All uses in C-1 may be allowed in 0-2;
Repair shops like —
a) House appliances;
b) Motor vehicles and accessories;
0) Home furnishing shops.
Transportation terminal / garage with repair;
Publishing;
Medium scale junk shop;
Machinery display shop / center;
Gravel and Sand;
Lumber/ Hardware;
Manufacture of ice, ice blocks, cubes, crushed, except dry ice;
Manufacture of signs and advertising displays (except printed);
Chicharon factory;
Welding shop;
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Machine shop service operation (repainting / rebuilding or custom joborder);
Repair of motorcycles;
Lechon or whole toasting;
Biscuit factory — manufacture of biscuits, cookies, crackers and othersimilar dried bakery products;
Doughnut and hopia factory;
Other bakery products not elsewhere classified;
Repackaging of food products, e.g. fruits, vegetables, sugar and otherrelated products;
Funeral parlors, mortuaries and crematory services and memorialchapels;
Parking lots, garage facilities;
Other commercial activities not elsewhere classified; and
Warehouse / Storage.
SECTION 116. USE REGULATIONS IN C-3 ZONE. - A C-3 Zone withinthe municipality shall be intended for regional shopping centers such as large mallsand other commercial and business activitieswhich are regional in scope or wheremarket activities generate traffic and require utilities and services that extendbeyond local boundaries and requires metropolitan level development planning andimplementation. High rise hotels, sports stadium or sports complex areas are alsoallowed in this zone. This zone may also be called as the Central Business District(CBD). Within the C-3 Zone the following uses are allowed:
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All uses allowed in 0-1 and C-2 Zones;
All uses allowed in other General Residential Zones;
Regional shopping malls l centers;
The number of allowable storeys / floors above established grade issixty (60) as provided in the NBC; and
The Building Height Limit is 180.00 meters above highest grade asprovided in the NBC.
SECTION 12. USE REGULATIONS IN LIGHT INDUSTRIAL ZONE (I-1).— An l~1 Zone shall be for non-pollutive / non-hazardous and non-pollutive /hazardousmanufacturing / processing establishments. Enumerated below are theallowable uses:
Non- Pollutive I Non-Hazardous Industries:
1. Drying fish;
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Biscuit factory—manufacture of biscuits, crackers and other similardried bakery products;
Doughnuts and hopia factory;
Manufacture ofmacaroni, spaghetti and vermicelli and other noodles;
Other bakery products not elsewhere classified;
Life belts factory;
Manufacture of luggage, handbags, wallets and small leather goods;
Manufacture of miscellaneous products of leather and leathersubstitutes and n.e.c.;
Manufacture of shoes except rubber, plastic and wood;
Manufacture of slippers and sandals except rubber and plastic;
Manufacture of footwear parts except rubber and plastic;
Printing, publishing and allied industries and those n.e.c.;
Manufacture of assembly of typewriters, cash registers, weighing,duplicating and accounting machines;
Manufacture or assembly of electronics data processing machineryand accessories;
Renovation and repair of office machinery;
Manufacture or assembly of miscellaneous office machines and thosen.e.c.;
Manufacture of rowboats, bancas, sailboats;
Manufacture of animal drawn vehicles;
Manufacture of children vehicles and baby carriages;
Manufacture of laboratory and scientific instruments, barometers,chemical balance, etc.;
Manufacture of photographic equipment and accessories;Manufacture or assemblyof optical instruments;
Manufacture of eyeglasses and spectacles;Manufacture of optical lenses;
Manufacture ofwatches and clocks;
Manufacture of pianos;
Manufacture of string instruments;
Manufacture of wind and percussion instruments;
Manufacture or assemblyof electronic organ;Manufacture of sporting gloves and mitts;
Manufacture of sporting balls (not of rubber or plastic);
Manufacture of gym and playground equipment;
Manufacture of sporting tables (billiards, pingpong, pool);
Manufacture of other sporting and athletic goods, n.e.c.;
Manufacture of toys and dolls, except rubber and mold plastic;
Manufacture of pens, pencils and other office and artist materials;
Manufacture of umbrella and canes;Manufacture of buttons except plastic;
Manufacture of brooms, brushes and fans;
Manufacture of needles. pens, fasteners and zippers;
Manufacture of insignia, badges and similar emblems (except metal);
Manufacture of signs and advertising displays (except printed); and
Small-scale manufacture of ice cream.
t’age 22 of 60. 0rd. No. 010-2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalityofMexico, Prov. ofPampanga.
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Manufacture of house furnishing;
Textile bags factories;
Canvass bags and other canvass products factory;
Jute bag factory;
Manufacture of miscellaneous textile goods, embroideries andweaving apparel;
Manufacture of fiber batting, padding and upholstery filing exceptjackets;
Men’s and boy’s garment factory;
Women’s, girls‘ and ladies’ factory;
Manufacture of hats, gloves, handkerchiefs, neckwear and relatedclothing accessories;
Manufacture of raincoats and waterproof outer garments exceptjackets;
Manufacture of miscellaneous wearing apparel except footwear andthose n.e.c;
Manufacture of miscellaneous fabricated millwork and those n.e.c.;Manufacture of wooden and cane containers;
Sawali, nipa and split cane factory;
Manufacture of bamboo, rattan and other similar products;
Manufacture of cork products;
Manufacture ofwooden shoes, shoe lace and other similar products;
Manufacture of miscellaneous wood products and those n.e.c.;
Manufacture of miscellaneous furniture and fixture except primarily ofmetals and those n.e.c.;
Manufacture of paper stationary, envelopes and related articles;
Manufacture of dry ice; and
Repackaging of industrial products, eg. paints, varnishes and otherrelated products.
Page 23 of 60, 0rd. No. 010—2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalityofMexico, Prov. QfPampanga.
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SECTION 13. USE REGULATIONS IN MEDIUM INDUSTRIAL ZONE(I-2). - An |-2 zone shall be for pollutive / non hazardous and pollutive / hazardousmanufacturing and processing establishments. Enumerated are the allowableUSES:
PolIutive / Non-Hazardous Industries -1.
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Manufacturingand canning of ham, bacon and native sausage;Poultry processing and canning;
Large-scale manufacture of ice-cream;
Corn mill / Rice mill;
Chocolate and cocoa factory;
Candy factory;
Chewing gum factory;
Peanuts and other nuts factory;
Other chocolate and confectionery products;
Manufacturingof flavoring extracts
Manufacture of food products n.e.c., (vinegar, vetsin or MSG)
Manufacture of fish meal;
Oyster shell grading;
Manufacture of medical and pharmaceutical preparations;
Manufacture of stationary, art goods. cut stone and marble products;
Manufacture of abrasive products;
Manufacture of miscellaneous non-metallic mineral products n.e,c.;
Manufacture of cutlery. except table flatware;
Manufacture of hand tools;
Manufacture of general hardware;
Manufacture of miscellaneous cutlery hand tools and generalhardware n.e.c.;
Manufacture of household metal furniture;
Manufacture of office, store and restaurantmetal furniture;
Manufacture of metal blinds, screens and shades;
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Manufacture of miscellaneous furniture and fixture primarily of metaln.e.c.;
Manufacture of fabricated structural iron and steel;
Manufacture of architectural and ornamental metal works;Manufacture of boilers, tanks and other structural sheet metal works;Manufacture of other structural products n.e.c.;
Manufacture of metal cans, boxes and containers;
Manufacture of stamped coated and engraved metal products;
Manufacture of fabricated wire and cable products;
Manufacture of heating, cooking and lighting equipment except,electrical;
Sheet metal works generally manual operation;
Manufacture of other fabricated metal products exceptmachinery andequipment n.e.c.;
Manufacture or assemblyof agricultural machinery and equipment;Native plow and harrow factory;
Repair of agricultural machinery;
Manufacture or assemblyof service industry machines;Manufacture of assembly of elevators and escalators;Manufacture or assemblyof sewing machines;
Manufacture or assemblyof cooking ranges;Manufacture or assemblyof water pumps;
Refrigeration industry;
Manufacture or assembly of other machinery and equipment exceptelectrical n.e.c.;
Manufacture and repair of electrical apparatus;
Manufacture and repair of electrical cables and wires;
Manufacture of electrical cables and wires;
Manufacture of other electrical industry machinery and apparatusn.e.c.;
[age 25 of 60, Ord. No. 010—2017, Re: A municipal ordinance enacting the Comprehensive ZonirflOrdinanceoftheMunicipalityofMexico, Prov. ofPampanga.
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Manufacture or assembly of electric equipment radio and television,tape recorders, stereo;
Manufacture or assembly of radio and television transmitting,signaling and detection equipment;
Manufacture or assemblyof telephone and telegraphic equipment;
Manufacture of other electronic equipment and apparatus n.e.c.;Manufacture of industrial and commercial electrical appliances;
Manufacture of household cooking, heating and laundry appliances;
Manufacture of other electrical appliances n.e.c.; and
Manufacture of electric lamp fixtures.
Pollutive / Hazardous Industries —
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Flour mill;
Cassava flour mill;
Manufacture of coffee;
Manufacturing of unprepared animal feeds, other grain milling n.e.c.;
Production of prepared feeds for animals;
Cigar and cigarette factory;
Curing and redrying of tobacco leaves;
Miscellaneous processing tobacco leaves, n.e.c.;
Weaving hemp textile;
Jute spinning and weaving;
Miscellaneous spinning and weaving mills, n.e.c.;
Hosiery mill;
Underwear and outwear knitting mills;
Fabric knitting mills;
Miscellaneous knitting mills n.e.c.;
Manufacture of mats and mattings;
Manufacture of carpets and rugs;
Manufacture of cordage, rope and twine;
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Manufacture of related products from abaca, sisal, henequen, hemp,cotton paper, etc.;
Manufacture of linoleum and other surfaced coverings;Manufacture of artificial leather, oil cloth and other fabrics exceptrubberized;
Manufacture of coir;
Manufacture of miscellaneous textile, n.e.c.;
Manufacture of rough lumber, unworked;
Manufacture of worked lumber;
Re-sawmills;
Manufacture of veneer, plywood and hardwood;
Manufacture of doors, windows and sashes;
Treating and preserving ofwood;
Manufacture of charcoal;
Manufacture ofwood and cane blinds, screens and shades;Manufacture of containers and boxes of paper and paper boards;Manufacture of miscellaneous pulp and paper products, n.e.c.;Manufacture of perfumes, cosmetics and other toilet preparations;
Manufacture of wax and polishing preparations;
Manufacture of candies;
Manufacture of inks;
Manufacture of miscellaneous chemical products, n.e.c.;Tire retreading and rebuilding;
Manufacture of rubber shoes and slippers;
Manufacture of industrial moulded rubber products;
Manufacture of plastic footwear;
Manufacture of plastic furniture;
Manufacture of other fabricated plastic products, n.e.c.;
Manufacture of table and kitchen articles;
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Manufacture of pottery, china and earthenware, n.e.c.;
Manufacture of flat glass;
Manufacture of glass containers;
Manufacture of miscellaneous glass and glass products, n.e.c.;Manufacture of clay bricks, clay tiles and hollow clay tiles;
Manufacture of miscellaneous structural clay products, n.e.c.;Manufacture of structural concrete products;
Manufacture of asbestos products;
Manufacture of engines and turbines except motor vehicles, marineand aircraft;
Manufacture of metal cutting, shaving and finishing machinery;
Manufacture of wood working machinery;
Manufacture, assembly, rebuilding, repairing of food and beveragemaking machinery;
Manufacture, assembly, rebuilding, repairing of textile machinery andequipment;
Manufacture, assembly, rebuilding, repairing of paper industrymachinery;
Manufacture, assembly, rebuilding, repairing of printing, trademachinery and equipment;
Manufacture of rice mills;
Manufacture of machines for leather and leather products;
Manufacture of construction machinery;
Manufacture of machines for clay, stove and glass industries;
Manufacture, assembly, repair, rebuilding of miscellaneous specialindustrial machinery and equipment, n.e.c.;
Manufacture of dry cells, storage, battery and other batteries;
Boat building and repairing;
Ship repairing industry, dock yards, dry dock, shipways;
Miscellaneous ship building and repairing, n.e.c.;
Manufacture of locomotive parts;
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Manufacture of railroad and streetcars;
Manufacture or assembly of automobiles, cars, jeepneys, utilityvehicles, buses, trucks and trailers;
Manufacture of wood furniture including upholstered;
Manufacture of rattan furniture including upholstered; and
Manufacture of box beds and mattresses.SECTION 14. USE REGULATIONS IN HEAVY INDUSTRIAL ZONE (I-3).
—An I-3 Zone shall be highly pollutive / non-hazardous, highly pollutive / hazardous,high pollutive / extra hazardous, non-pollutive / extremely hazardousmanufacturingand processing establishments. Enumerated below are the allowable uses:Highly pollutive / non- hazardous industries:
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Meat processing, curing, preserving except processing of ham,bacon, sausage and chicharron;
5. Manufacture of synthetic resins, plastic materials and man-madefibers except glass;
6. Petroleum refineries;
7. Manufacture of reclaimed, blended and compound petroleumproducts;
8. Manufacture of miscellaneous products of petroleum and oil n.e.c.
Pollutive I extremely Hazardous Industries —
1. Manufacture of plants;
2. Manufacture of varnishes. shellac and stains;
3. Manufacture of fertilizer;
4. Manufacture of other paint products;
5. Manufacture of matches;
6. Manufacture of tires and inner tubes;
7. Manufacture of processed natural rubber not in rubber position;8. Manufacture of miscellaneous rubber products n.e.c.
. Non-Pollutive I Extremely Hazardous Industries -1. Manufacture of compressed and liquefied gases.SECTION 15. USE REGULATIONS IN GENERAL INSTITUTIONAL
ZONE (GIZ). — In GI Zone the following uses shall be allowed:
CK 1. Government center to house national, regional or local offices in thearea;
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Colleges, universities, professional business schools, vocational andtrade schools, technical schools and other institutions for higherlearning;
General hospitals, medical centers, multi-purpose clinics;
Scientific. cultural and academic centers and research facilitiesexcept nuclear, radioactive, chemical and biological welfare facilities;Convention centers and related facilities;
Religious structures e.g. church, seminaries, convents;
Museums;
Embassies / consulates;
Student housing, e.g. dormitories. boarding houses.SECTION 16. USE REGULATIONS IN SPECIAL INSTITUTIONAL (SIZ)ZONE. -1.
In SI Zone, the following cases shall be allowed:
Welfare, orphanages, boys’ and girls' town. home for the aged andthe like;
Rehabilitation and vocational training center for ex—convicts, drugaddicts, unwed mothers, physically, mentally and emotionallyhandicapped, ex-sanitaria inmates and similar establishments;
Military camps / reservations / bases and training grounds;
Penitentiary and correctional institutions;
A one-stop shop government center where government offices areavailable to cater to different public servicesmandated for each office.
SECTION 17. USE REGULATIONS IN PARKS AND RECREATIONZONE. - The following uses shall be allowed in Parks and Recreational Zones:
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Parks / gardens;
Resort areas, e.g. beaches, including accessory uses;Open air or outdoor sports activities and support facilities, includinglow raise stadia, gyms, amphitheaters and swimming pools;
Golf courses, ball courts, race tracks and similar uses;
Memorial I Shrines, monuments, kiosks and other park structures;
Sports Club;
Cockpit arena;
Underground parking structures / facilities.
Page 32 of 60, 0rd. No. 010—2017. Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalityofMexico, [’ruv. ofPampanga.
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SECTION 18. USE REGULATIONS IN CEMETERY] MEMORIAL PARKZONE (C/MP-Z). - An area intended for the interment of the dead. Enumeratedbelow are the allowable uses:1. Memorial Parks;
2. Cemetery;
3. Columbarium;
4. Crematorium;
5. Ossuary;
6. Customary accessory uses such as crypts, chapels, parks,gzyiggsunds, pocket parks, parkways, promenades, parking and toilet
SECTION 19. USE REGULATIONS IN BUFFER I GREENBELT ZONE(BIG-Z). — These are yards, parks or open spaces intended to separateincompatible elements or uses to control pollution / nuisance and for identifying anddefining development areas or zones where no permanent structures are allowedEnumerated below are the allowable uses:1. Open spaces / gardens;
2. Parks and park structures such as playgrounds, jogging trails, bicyclelanes;
3. Plant nurseries;
4. Ground-level or underground parking structures / facilities;
5. Agriculture, silviculture, horticulture;
6. Customary accessory uses incidental to any of the above such asoffices, eateries l canteens, parking, kiosks, retail stores and toiletfacilities;
7. Vegetation that grows over stipulated distance from each bank ofnatural waterways such as rivers and creeks. The required distancethat must be maintained as vegetation and as such must not be underany type of urban development depends on the land use of the areawhere the river] creek traverses. For instance, natural surface watersrunning throughout an agricultural area must have a buffer of 20meters from each bank, while a bufferof 3 meters is required for thosethat traverses an urban area.
SECTION 20. USE REGULATIONS IN UTILITIES, TRANSPORTATION,AND SERVICES ZONE (UTS-Z). - An area in the municipality designated for “arange of utilitarian / functional uses or occupancies, characterized mainly as a low-rise or medium-rise building / structure for low to high intensity community supportfunctions, eg. terminals, inter-medals, multi-modals, depots, power andwater generation / distribution facilities, telecommunication facilities, drainage/
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wastewater and sewerage facilities, solid waste handling facilities and the like"(NBC). Enumerated below are the allowable uses:1.
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Bus and railway depots and terminals;
Port facilities;
Airports and heliport facilities;
All other types of transportation complexes;
Power plants (thermal, hydro, geothermal, wind, solar);
Telecommunication facilities such as cell (mobile) phone towers;All other types of large complexes for public services;
Customary accessory uses incidental to any of the above uses suchas the following:
a. Staff houses / quarters;
b. Offices;
0. Parking lots / garage facilities;
d. Eateries l canteens;
e. Storerooms and warehouses but only as may be necessary forthe efficient conduct of the business;
f. Pump houses;
9. Generator houses.
SECTION 21. TOURISM ZONE. — No tourism project or tourist relatedactivities shall be allowed in Tourism Zones unless developed or undertaken incompliance with the Department of Tourism (DOT) Guidelines and Standards.Allowable Uses —
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Agri-tourism;
Resort areas, eg. beach, mountain, resort including accessory uses;Theme parks;
Heritage and Historical Sites;
E’age 34 of 60, 0rd. No. 010—2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalityufMexicn, Prov. ofPampanga,
5. Other related activities such as tree parks and botanical gardens;6. Tourism accommodation such as:
a. Cottages,
b. Lodging inns,
0. Restaurants,
d. Home stays.
7. Souvenir shops;
8. Open air or outdoor sports activities;
9. Food production and processing activities such as vegetables, fruitsand plantation crop and fish production to sustain tourism industry;10. Parking areas.
SECTION 22. ECOTOURISM OVERLAY ZONE (ETM-OZ). — Theobjective for this Overlay Zone is to ensure that the dual goals of environmentalconservation and tourism economic development are attained. Allowable Uses Inaddition to those uses that may be allowed in the BaseZone, the following are usesand activities that may be allowed in the Ecotourism Overlay Zone:1. Accommodation facilities;
SECTION 23. USE REGULATIONS lN AGRICULTURAL ZONE (AGZ). —In Agricultural Zones the following uses shall be permitted:1. Cultivation, raising and growing of staple crops such as rice, corn,camote, cassava and the like;
2. Growing of diversified plants and trees, such as fruit and flowerbeating trees, coffee, tobacco, etc;
3. Silviculture, mushroom culture, fishing and fish culture, snake culture,crocodile farm, monkey raising and the like;
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Customary support facilities such as palay dryers and rice threshersand barns and warehouses;
Ancillary dwelling unit / farmhouses for tillers and laborers
Agricultural research and experimentation facilities such as breedingstations, fish farms, nurseries, demonstration farms, etc.;
Pastoral activities such as goat raising and cattle fattening;
Home occupation for the practice of one’s profession or engaginghome business such as dressmaking, tailoring, baking, running a sari-sari store and the like, provided that:
a) Number of persons engaged in such business / industry shallnot exceed five (5), inclusive of the owner;
b) There shall be no change in the outside appearance of thebuilding premises;
c) No home occupation shall be conducted in any customaryaccessory uses cited above;
d) No traffic shall be generated by such home occupation ingreater volume than would normally be expected in aresidential location and any need for parking generated by theconduct of such home occupation shall be met off the street ina place other than the required front yard;
e) No equipment or process shall be used in such occupationwhich creates noise, vibration, glare, fumes, odors andelectrical interference detectable to the normal senses andvisual or audible interference in any radio ortelevision receiveror causes fluctuations in line voltage off the premises.
Home industry classified as cottage industry, e.g, mat weaving,pottery making, food preservation, etc. Provided that:
a) Such home industry shall not occupy more than thirty percent(30%) of floor area of the dwelling units There shall be nochange or alteration in the outside appearance of the dwellingunit and shall not be hazard or nuisance;
b) Allotted capitalization shall not exceed the capitalization as setby the Department of Trade and Industry (DTI);
c) Such shall consider same provisions as enumerated in lettersc, d, e of Home Occupation, this section.
SECTION 24. USE REGULATIONS IN AGRI-INDUSTRIAL ZONE (AIZ).— In Agri-Industrial Zones the following uses shall be permitted:
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All uses allowed in Agricultural;
Rice / corn mills (single pass);
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Drying, cleaning, curing and preservation of meat and its by-productsand derivatives;
Drying, smoking and airing tobacco;
Flour mill;
Cassava flour mill;
Manufacture of coffee;
Manufacture of unprepared animal feeds, other grain milling, n.e.c.;
Natural fluid milk processing (pasteurizing, homogenizing,vitaminizing, bottling of natural animal milk and cream relatedproducts);
Other dairy products, n.e.c.;
Canning and preserving of fruits and fruit juices;
Canning and preserving of vegetables and vegetable juices;
Canning and preserving of vegetable sauces;
Miscellaneous canning and preserving of fruit and vegetables nre.c.;
Fish canning;
Patis factory;
Bagoong factory;
Processing, preserving and canning of fish and other seafoods n.e.c;
Manufacture of desiccated coconut;
Page 37 of 60, Ord. No. 010—2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinance oftheMunicipalityofMexico, Prov, QfPampanga.
29. Manufacture of starch and its products;
30. Manufacture of wines from juices of local fruits;
31. Vegetable oil mills, including coconut oil;
32. Sugarcane milling (centrifugal and refines);
33. Sugar refining;
34. Muscovado sugar mill;
35. Cotton textile mill;
36. Manufacture / processing of other plantation crops e.g. pineapple,bananas, etc;
37. Other commercial handicrafts and industrial activities utilizing plant oranimal parts and / or products as raw materials, n.e.c.;
38. Other accessory uses incidental to agro-industrial activities;
39. Poultry and livestock raising, either backyard or of higher industriallevel (i.e. areal extent greater than 1 hectare) shall apply for permit tooperate and evaluated in accordance to the restrictions and policiesof the Sangguniang Barangay, prior to issuance of the said permit.Otherwise, any type of agro-industry shall not be allowed to beestablished or to continue operations.
SECTION 25. USE REGULATIONS IN AQUACULTURE SUB-ZONE(Aq-SZ). — Per the Fisheries Code, this is an area within the Municipal Water Zoneof the municipality designated for “fishery operations involving all forms ofraising and culturing fish and other fishery species in fresh, brackish andmarine water areas”.
Allowable Uses I Activities—
1, Aquaculture
SECTION 26. USE REGULATIONS IN PROTECTIONAQUACULTURESUB-ZONE (PTAq-SZ). - Per the AFMA, these include the Network of ProtectedAreas for Agriculture and Agri—lndustrial Development (NPAAAD) which are“aquaculture areas identified by the Department Agriculture in order toensure the efficient utilization of land for aquaculture and agri-industrialdevelopment and promote sustainable growth”. Fishponds under StrategicAgriculture and Fishery Development Zones (SAFDZ) are identified as protectionaquaculture zones for production, agro-processing and marketing activities to helpdevelop and modernize, with the support of government. These are strictlyexcluded from any reclassification within a five (5)-year period. Unless complyingto exemptions stipulated by the said Section 9 of Republic Act No. 8435,reclassification shall be allowed only if the areas covered for, thus, shall not exceedthe total 5% of lands classified under SAFDZ.
Page 38 of 60, Ord. No. 010—2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalityofMexico, Prov. quam/mnga.
Allowable Uses l Activities -1. Protection Aquaculture.
SECTION 27. REGULATIONS IN PROTECTION AGRICULTURE SUB-ZONE (PTA-SZ). - Per the AFMA, these include the Network of Protected Areasfor Agriculture and Agri-lndustrial Development (NPAAAD)which are “agriculturalareas identified by the Department of Agriculture through the Bureau of Soilsand Water Management (BSWM) in coordination with the National Mappingand Resource InformationAuthority (NAMRIA) in order to ensure the efficientutilization of land for agriculture and agri-industrial development andpromote sustainable growth”.
Allowable Uses I Activities -1. Cultivation, raising and growing of staple crops such as rice, corn,
camote, cassava and the like;
2. Growing of diversified plants and trees, such as fruit and flowerbearing trees, coffee, tobacco, etc;
3‘ Silviculture, mushroom culture and the like;
4. Pastoral activities such as goat and cattle raising;
5. Fishpond activities;
6. Backyard raising of livestock and fowl, provided that:
a. For livestock— maximum of 1 sow and 10 heads;
b For fowl — a maximum of 500 heads.
7. Single-detached dwelling units of landowners;
8. Customary support facilities such as palay dryers, rice threshers andstorage barns and warehouses;
9i Ancillary dwelling units / farmhouses for tenants, tillers and laborers;
10. Engaging in home businesses such as dressmaking, tailoring, baking,running a sari-sari store and the like, provided that:
a. The number of persons engaged in such business / industryshall not exceed five, inclusive of owner;
b. There shall be no change in the outside appearance of thebuilding premises;
c. No home occupation shall be conducted in any customaryaccessory uses cited above;
d. No traffic shall be generated by such home occupation ingreater volume than would normally be expected in aresidential neighborhood and any need for parking generated
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by the conduct of such home occupation shall be met off thestreet and in a place other than the required front yard; and
e. No equipment or process shall be used in such homeoccupation which creates noise, vibration, glare, fumes, odorsand electrical interference detectable to the normal senses andvisual or audible interference in any radio or television receiveror causes fluctuations in line voltage off the premises.
Home Industry classified as cottage industry, provided that:
a. Such home industry shall not occupy more than thirty percent(30%) of the floor area of the dwelling unit;
b. There shall be no change or alteration in the outsideappearance of the dwelling unit and shall not be a hazard ornuisance; and
c, Such shall consider the provisions pertaining to customaryaccessory uses, traffic and equipment as enumerated underHome Occupation of this section.
SECTION 28. USE REGULATIONS IN PRODUCTION AGRICULTURALSUB-ZONE (PDA-SZ). - These are areas that are outside of NPAAAD anddeclared by the Municipality for agricultural use.
Allowable Uses I Activities —
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Cultivation, raising and growing of staple crops such as rice, corn,camote, cassava and the like;
Growing of diversified plants and trees, such as fruit and flowerbearing trees, coffee, tobacco, etc.;
Silviculture, mushroom culture and the like;
Pastoral activities such as goat raising and cattle fattening;
F ishpond activities;
Poultry and piggery subject to the HLURB Rules and RegulationGoverning the Processing ofApplications for Locational Clearance ofPoultry and Piggery;
Rice / corn mill (single pass such as cono mill);
Rice / corn warehouses and solar dryers;
Agricultural research and experimentation facilities such as breedingstations, fish farms, nurseries, demonstration farms, etc.;
Plant nursery;
Single-detached dwelling units of landowners;
Page 40 of 60, Ord. No. 010-2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalilyofMexico, Prou ofPampanga.
12. Customary support facilities such as palay dryers, rice threshers andstorage barns and warehouses;
13. Ancillary dwelling units / farmhouses for tillers and laborers;
14. 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 / industryshall not exceed five, inclusive of owner;
b. There shall be no change in the outside appearance of thebuilding premises;
0. That in no case shall more than 20% of the building be usedfor said home occupation;
d. No home occupation shall be conducted in any customaryaccessory uses cited above;
e. No traffic shall be generated by such home occupation ingreater volume than would normally be expected in aresidential neighborhood and any need for parking generatedby the conduct of such home occupation shall be met off thestreet and in a place other than the required front yard; and
f. No equipment or process shall be used in such homeoccupation which creates noise, vibration, glare, fumes, odorsand electrical interference detectable to the normal senses andvisual or audible interference in any radio or television receiveror causes fluctuations in line voltage off the premises.
15. Home Industry classified as cottage industry, provided that: Suchhome industry shall not occupy more than thirty percent (30%) of thefloor area of the dwelling unit.
a. There shall be no change or alteration in the outsideappearance of the dwelling unit and shall not be a hazard ornuisance;
b. Such shall consider the provisions pertaining to customaryaccessory uses, traffic and equipment as enumerated underHome Occupation of this section.
16. Class "A" slaughterhouse/ abattoir.
SECTION 29. USE REGULATIONS IN WATER ZONES (WZ). - Allexisting waterways, natural (rivers and creeks) or man-made (such as canals,irrigation lines, etc.) traversing within:
1. Areas stipulated in the Proposed Development Areas forIndustrialization, i.e. barangays San Lorenzo, San Jose Matulid, SanAntonio, San Nicolas, San Isidro Laug, Dolores Piring shall bedredged and expanded, de—clogged, and / or maintained to curb highwater rise and subsequent flooding during extreme rains and storms.
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2. Existing built-up areas, in particular barangays that fall within theinundation plain of Betis, Abacan, Bungang Guinto and Mexico Riversshall be improved with vegetative and l or structural slope protection,protected from any type of illegal waste disposal and humanencroachment and converted into spaces, strips of parks and / ortourist spots.
ARTICLE VGENERAL DISTRICT REGULATION
SECTION 30. DEVELOPMENT DENSITY. — Permitted density shall bebased on the zones capacity to support development.
SECTION 31. HEIGHT REGULATIONS. — Building height must conform tothe height restrictions and requirements of the Air Transportation Office (ATO) aswell as the requirements of the National Building Code, the Structural Code as wellas laws, ordinances, design standards, rules and regulations related to landdevelopment and building construction and the various safety codes.
A. RESIDENTIAL ZONES —
A.1. Low Density Residential Zones (R-1). — in R-1 Zone, no building orstructure for human occupancy whether public or private shall be higher than ten(10) meters above the highest natural grade line in the property or front sidewalk(main entry). Low rise dwellings are up to three storeys.
A.2. Medium Density Residential Zones (R-2). — in R-2 Zone, no buildingor structure for human occupancy whether public or private shall be higher thantwenty one (21) meters above the highest natural grade line in the property or frontsidewalk (main entry) level; mid-rise dwellings are fourth to seven storeys.
A.3. High Density Residential Zones (R-3). — in R-3 Zone, high risedwelling units of eight (8) or more storeys are allowed, provided they conform withthe zone’s prescribed Floor Area Ratio (FAR). The FAR of an R-3 shall be basedon the planned density of development intended for the zone.
Mexico's Zoning for residential zones is classified simply as GeneralResidential Zone (GR-Z).
B. ALL OTHER ZONES -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 Ratio (FAR).
SECTION 32. EXEMPTIONS FROM HEIGHT REGULATIONS IN R-1 ANDR-2. — Exempted from the imposition of height regulations in Residential Zones arethe following: towers, church steeples, water tanks and other utilities and suchother structuresnot covered by the height regulations of the National Building Codeand / or the Air Transportation Office.
SECTION 33. AREA REGULATIONS. — Area regulation in all Zones shallconform with the minimum requirement of existing codes such as:
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P.D. No. 957—the “Subdivision and Condominium Buyers’ ProtectiveLaw" and its Revised Implementing Rules and Regulations;
B.P. No. 220 — “Promulgation of Different Levels of Standards andTechnical Requirements for Economic and Socialized HousingProjects” and its Revised Implementing Rules and Regulations;
R.A. No. 7279 - the “Urban Development and HousingAct";
P.D. No. 1096 — the “National Building Code";
P.D. No. 1185 — the “Fire Code";
P.D. No. 856 — the “Sanitation Code”;
Plumbing Code;
R.A. No. 6541 - the “Structural Code”;Batas Pambansa Blg. 344 - the “Accessibility Law";
Rules and Regulations - HLURB Locational Guidelines and CLUPGuidebook 2013-2014;
P.D. No. 1076 or Water Code of the Philippines — inland andcoastal waters, shorelines and riverbank easements;
R.A. No. 6657 or Comprehensive Agrarian Reform Law - agrarianreform lands;
R.A. No. 8749 — the “Clean Air Act”;
R.A. No. 9003 — the “Ecological Solid WasteManagement Act”;
R.A. No. 7586 or National Integrated Protected Areas Act —
protected areas in both land and seas;
R.A. No. 8435 or Agriculture and Fisheries Modernization Act(AFMA) — SAFDZs and prime agricultural lands;
R.A. No. 8550 or Revised Fisheries Code — municipal waters andcoastal zones;
R.A. No. 9593 or Philippine Tourism Act — tourism zones andestates;
R.A. No. 9729 or Philippine Climate Change Act, as amended;
R.A. No. 10066 or Philippine Cultural Heritage Act — cultural andheritage zones / areas;
R.A. No. 10121 or Disaster Risk Reduction and Management Act— disaster-prone and geo-hazard areas;
Executive Order No. 648; and
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w) Other relevant guidelines promulgated by the national agenciesconcerned.
SECTION 34. ROAD SETBACK REGULATIONS. - The following roadsetback regulations shall be applied:
Zoning Major Thoroughfare Secondary Road Tertiary RoadClassifications 30 M and above Provincial 6 M and below
Diversion l Municipal lRailways Barangay
Residential 5 M 5 M 3 MCommercial 10 M 10 M 7 Mindustrial 30 M 25 M 10 MAgriculture 20 M 20 M 7 MAgro- Industrial 50 M 50 M 10 Minstitutional 20 M 20 M 10 MParks & 10 M 10 M 3 MRecreationForest 30 M 25 M 10 M
SECTION 35. EASEMENT. - Pursuant to the provisions of the Water Code:
1. The banks of rivers and streams and the shores of the seas and lakesthroughout their entire length and within a zone of three (3) meters inurban areas; twenty (20) meters in agricultural area and forty (40)meters in forest areas, along their margins are subject to easementof public use in the interest of recreation, navigation. floatage, fishingand salvage.
No person shall be allowed to stay in this zone longer than what isnecessary for space or recreation, navigation, floatage, fishing orsalvage or to build structures of any kind.
2. Mandatory five—meter easement on both sides of the Marikina faulttraces and such other fault traces on the ground identified byPHIVOLCS.
SECTION 36. BUFFER REGULATIONS. - A buffer of 3 meters shall beprovided along entire boundary length between two or more conflicting zonesallocating 1.5 meters from each side of the district boundary. Such buffer stripshould be open and not encroached upon by any building or structure should be apart of the yard or open space. A riparian buffer, Le. a space of distance not lessthan 3 meters from the either banks of a surface water system ifwithin urban areas,and 20 meters if within agricultural areas, shall be placed under protection, and assuch restricted from any type ofwaste disposal and human encroachment. Riparianbuffers must be covered with vegetation, preferably trees with soil protectionproperties, such as bamboo, mangrove, and molave, as well as grasses andshrubberies.
SECTION 37. SPECIFIC PROVISIONS IN THE NATIONAL BUILDINGCODE. - Specific provisions stipulated in the National Building Code(P.D. No. 1096) as amended thereto relevant to traffic generators, advertising andbusiness signs. erection or more than one principal structure, dwelling or rear lots,access yard requirement and dwelling groups, which are not in conflict with theprovisions of the Zoning Ordinance, shall be observed.
Page 44 of 60, Ord. No. 0104017, Re: A municipal ordinance enacting the (‘umprehenstve ZoningOrdinanceoftheMunicipality(IfMexico, Prov. ofPampanga.
SECTION 38. WATER CONSERVATION PROGRAMS I FACILITIES ININSTITUTIONAL BUILDINGS AND LARGE INDUSTRIAL I COMMERCIALUNITS. -A mandatory implementation to institutional facilities such as governmentoffices, barangay halls, and public schools and a recommended inclusion to permitsissued to large industrial and commercial buildings, is the provision of rainwatercollection system for domestic purposes, particularly lavatory use and cleaning.
ARTICLE VIPERFORMANCESTANDARDS
SECTION 39. APPLICATION OF PERFORMANCESTANDARDS. - Thefollowing performance standards are intended to ensure land use andneighborhood compatibility. Proposed developments shall comply with theapplicable performance standards which shall form part of the requirements forLocational Clearance. These standards are by no means exhaustive or all inclusive.The Local Zoning Board of Appeals (IJBA) may require other standards, whendeemed necessary, to ensure land use and neighborhood compatibility. Theseshall be enforced through the ImplementingGuidelines that is made part of this 20.
SECTION 40. ENVIRONMENTAL CONSERVATION AND PROTECTIONSTANDARDS. - It is the intent of the 20 to protect the natural resources of theMunicipality. In order to achieve this objective, all developments shall comply withthe following regulations:
1. Views shall be preserved for public enjoyment especially in siteswithhigh scenic quality by closely considering building orientation, height,bulk, fencing and landscaping.
2. Deep wells shall not be allowed unless a Water Permit is obtainedfrom the National Water Resources Board.
3. Land use activities shall not cause the alteration of natural drainagepatterns or change the velocities, volumes and physical, chemicaland biological characteristics of storm water. Streams, watercourses,wetlands, lakes or ponds shall not be altered, re-graded, developed,piped, diverted or built upon.
4. All developments shall ensure that storm water runoff shall becontrolled through appropriate storm water drainage system design.
5. All developments shall undertake the protection of rivers, streams,lakes and ponds from sedimentation and erosion damage.
6. The internal drainage systems of developments shall be so designedas not to increase turbidity, sediment yield or cause the discharge ofany harmful substances that will degrade the quality of water. Waterquality shall be maintained according to DENR’s latest Revised WaterUsage and Classification /AmbientWater Quality Criteria.
7. Municipal and industrial wastewatereffluents shall not be dischargedinto surface and groundwater unless it is scientifically proven thatsuch dischargeswill not cause the deterioration of the water quality.
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Effluents shall be maintained according to DENR’s latest EffluentQuality Standards for Class “C" lnland Waters.
Developments that generate toxic and hazardouswaste shall provideappropriate handling and treatment facilities which should be inaccordancewith the requirements of and approved by the DENR.
Floodplains shall not be altered, filled and / or built upon withoutproper drainage design and without proper consideration of possibleinundation effects on nearby properties.
All developments, particularly those in sloping areas, shall undertakeadequate and appropriate slope and erosion protection as well as soilconservation measures.
Facilities and operations that cause the emission of dust, dirt, fly ash,smoke, gas or any other air polluting material that may have harmfuleffects on health or cause the impairment of visibility are notpermitted. Air quality at the point of emission shall be maintained atspecified levels according to DENR’s latest Air Quality Standards.
Developments that generate a significant volume of solid waste shallprovide appropriate solid waste collection and disposal systems andfacilities.
Industrial processes I activities should not cause negative impacts tothe environment. The Zoning Administrator I Zoning Officer mayrequest for descriptions of these as part of the requirements forLocational Clearance.
All watenivays affected by developments in areas of Laug, DoloresPiring, San Lorenzo, San Antonio, San Jose Matulid and San Nicolasmust be doubled in size and storm water capacity. The same mustbe armored with reinforced concrete revetment by developers.
All land developments must possess appropriate drainage systemsthat could accommodate a minimum quantity of a month rainfallfalling in one day. Outfall must either be a creek, a water lagoon oran underground reinforced concrete water cistern.
Structures with a roofing area beginning at 2,500 square meters mustpossess rainwater catchment facility, either a lagoon or areinforced concrete cistern with a capacity equivalent to amonth rainfall falling in one day multiplied by the area of theroofing; and the same may be used for domestic consumption aftertreatment and or may only be drained to the roads drainage if thesame is no longer filled with storm water to prevent flooding. It is thegoal of the municipality to implement installation of rainwatercollection system for sanitation purposes (toilet use, washing and allother uses excluding drinking) in institutional facilities, particularlybarangay halls, public schools and the municipal hall.
All food processing, packaging or manufacturing industries,restaurants, hotels, food chain outlets, hospitals, mortuaries,slaughterhouse, swine / poultry dressing plants and all industries withliquid waste causing pollution to land, water and air or clogs / disrupts
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the flow of water at drainage system must possess their respectivesewage treatment plant orwastewater treatment plant duly approvedby the Department of Environment and Natural Resources and by theDepartment of Health,
All commercial, industrial, recreational, institutional establishmentsmust have their respective material recovery facility, segregate theirown solid waste and dispose their respective residuals directly toaccredited sanitary landfills. Hospitals, funeral parlors, mortuaries,slaughter house and swine / poultry dressing plants must have theirrespective MRFs with their own waste collectors.
All medium and heavy industries engaged in manufacturing,processing of metals / chemical substances which when exposed tothe atmosphere adversely affect the environment or pollutes the air,land, water and expose humans to dangermust have their respectivehighly and technologically-advanced / operational / functional anti-pollution devices to prevent / control emissions of pollutants atstandards allowed by the Department of Environment and NaturalResources, Department of Health or by the World HealthOrganization.
Buffer zones / restricted areas, with minimum depth of 6.0 metersfrom fences, must be planted with forest trees or big fruit-bearingtrees as many as possible to mitigate the effects of global warming.
Public roads must not be used as parking areas, temporary waitingarea or truck bays. Commercial and industrial subdivisions must havetheir own parking lwaiting areas inside their own yards.
Industrial, commercial, institutional, recreational and residentialstructures located along the national roads and by-passes mustobserve setback with reference and compliance to Sec. 804, TableVIII. 3 of the National Building Code of the Philippines; and allstructures including permanent fences must observe at least 3.0meter legal easement from waterway.
PENAL PROVISION —
Any person, firm or corporation or any juridical entity who violates theprovision of this Ordinance shall cause the revocation of permits and or certificateof occupancy issued and occupancy / operation of the same be declared illegal.
REMEDIAL PROVISION —
Upon compliance to technical and legal requirements and upon appeal,occupancy and operation permits may be issued upon payment of TWENTYTHOUSAND (P 20,000.00) PESOS to ONE MILLION (P 1,000,000.00) PESOS(graduated amount with ratio to cost of structure) as penalty and surcharge.
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SECTION 41. AGRICULTURAL LAND CONSERVATION ANDPRESERVATION CRITERIA. - Agricultural lands are recognized as valuableresources that provide employment, amenity and bio-diversity. All agricultural landsin the Municipality shall not be prematurely reclassified. Requests forreclassification shall be evaluated on the merits of conditions prevailing at the timeof application, compatibility with the CLUP and subject to the provisions ofMemorandum CircularNo. 54, Prescribing the Guidelines Governing Section 20 ofRA. No. 7160, “Authorizing Cities and Municipalities to ReclassifyAgricultural Lands into Non-Agricultural Uses”.
Applications for agricultural land re-classification approved by theMunicipality shall be submitted to the HLURB / Sangguniang Panlalawigan forreview and final approval.
SECTION 42. NETWORK OF GREEN AND OPEN SPACES. - TheMunicipality intends to develop a network of green and open spaces as a way tominimize the occurrence of urban heat islands. Developments shall conform to thefollowing provisions, as applicable: CLUP Guidebook 2014, Volume 373.
1. All residential, commercial, industrial and mixed-use subdivisions, incompliance with the rules and regulations of PD. No. 1216, PD.No. 953, P.D. No. 957 and B.P. Blg. 220, are respectively required toprovide tree-planted strips along their internal roads.
2. Similar developments shall also be required to provide landscapedtree parks that may be made part of the open space requirementsmandated by PD. No. 957, B.P. Blg. 220 and related laws. Thesemandated open spaces shall be classified as non—alienable publiclands and non-buildable.
3. Roof decks of all buildings shall be landscaped, as applicable.
4. Parking lots having at least 20 car parking slots shall be:
a. Landscaped with suitable trees. The minimum height of treesat the time of securing an Occupancy Permit shall be 1.80meters from the base to the crown.
b. 50% paved with permeable or semi-permeable materials suchas grass, gravel, grass pavers and the like.
SECTION 43. SITE DEVELOPMENT STANDARDS. - The Municipalityconsiders it in the public interest that all projects are designed and developed in asafe, efficient and aesthetically pleasing manner. Site development shall considerthe environmental character and limitations of the site and its adjacent properties.All project elements shall be in complete harmony according to good designprinciples and the subsequent development must be visually pleasing as well asefficiently functioning especially in relation to the adjacent properties and borderingstreets.
Further, designs should consider the following:
1. The height and bulk of buildings and structures shall be so designedthat it does not impair the entry of light and ventilation, cause the lossof privacy and / or create nuisances, hazards or inconveniences toadjacent developments;
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2. Abutments to adjacent properties shall not be allowed without theneighbor‘s priorwritten consentwhich shall be required by the ZoningAdministrator / Zoning Officer prior to the granting of a LocationalClearance;
3. The capacity of parking areas / lots shall be per the minimumrequirements of the National Building Code. These shall be located,developed and landscaped in order to enhance the aesthetic qualityof the facility. In no case shall parking areas / lots encroach into streetrights-of—way;
4. Developments, such as shopping malls, schools, places of worship,markets, sports stadia and the like, which attract a significant volumeof transportation, such as PUVs and, private vehicles shall provideadequate on-site parking for the same. These should also providevehicular loading and unloading bays so as through street traffic flowwill not be impeded;
5. Buffers, silencers, mufflers, enclosures and other noise—absorbingmaterials shall be provided to all noise and vibration-producingoperations. Noise levels shall be maintained according to levelsspecified in DENR’s latest guidelines on theAbatement of Noise andOther Forms of Nuisance;
6. Glare and heat from any operation or activity shall not be radiated,seen or felt from any point beyond the limits of the property; and
7. Fencing along roads shall be see-through. Side and rear fencingbetween adjacent lots (not facing a road) may be of opaqueconstruction materials.
SECTION 44. INFRASTRUCTURE CAPACITIES. - All developmentsshall not cause excessive requirements at public cost for public facilities andservices. All developments shall exhibit that their requirements for publicinfrastructure (such as roads, drainage, water supply and the like) are within thecapacities of the system/s serving them.
The Zoning Administrator shall require the following:
1. Drainage Impact Assessment Study. - All development proposalsin flood prone areas and all major proposals likely to affect the existingdrainage regime, including commercial-residential buildings orcondominiums, shopping malls, publicmarkets, schools, universities,residential and industrial and other similar developments shall berequired to submit Drainage Impact Assessment Studies. Theseshould be prepared, signed and sealed by duly licensed CivilEngineers, Sanitary Engineers or Environmental Planners.
2. Traffic Impact Statement. — Major, high intensity facilities such ascommercial-residential buildings or condominiums having four floorsand above, shopping malls, public markets, transportation terminals/garages, schools, universities, residential and industrial subdivisions,cock fighting arena, sports stadia and other similar developmentsshall be required to submit Traffic Impact Statements. Other trafficgenerating developments, as determined by the ZoningAdministratorIZoning Officer, shall be required to submit the same.
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ARTICLE VIIINNOVATIVETECHNIQUES
SECTION 45. INNOVATIVETECHNIQUES OR DESIGNS.— For projectsthat introduce flexibility and creativity in design or plan such as, but not limited toPlanned Unit Development, housing projects covered by New Town Developmentunder RA. No. 7279, BLISS Commercial Complexes, etc, the ZoningAdministrator / Zoning Officer shall, on grounds of innovative developmenttechniques, forward applications to HLURB for appropriate action, unless the localgovernment unit concerned has the capacity to process the same. That after theapproval of this Zoning Ordinance and Comprehensive Land Use Plan by theProvincial Land Use Committee, the LGU, having the capacity to processapplication and enforce this Ordinance, shall process applications for locational Izoning clearance and will no longer be fowvarded to the HLURB.
ARTICLE VIIIENVIRONMENTAL MANAGEMENT
SECTION 46. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC).— Notwithstanding the issuance of Locational Clearance under Section 39 of thisOrdinance, no Environmentally Critical Projects or projects located inEnvironmentallyCritical Areas shall be commenced, developed or operated unlessan Environmental Compliance Certificate (ECG) or a Certificate of Non-Coverage(CNC) is issued by the Department of Environment and Natural Resources.
SECTION 47. PERFORMANCE STANDARDS. — All land uses,development, or construction in all Zones shall conform to the following standards:
1. Noise and Vibrations -A|| noise and vibrations-producing machinery shall be enclosed by abuilding and shall be provided with effective noise-absorbingmaterials, noise silencers and mufflers. an open yard of a distancenot less than twenty (20) meters from the street or adjoining propertylines and property planted with dense trees as buffers. To minimizevibration, a machinery should be mounted on shock-absorbingmountings, such as cork set on reinforced concrete foundations or afloating isolated foundation set on piles as needed by the machinery0concerned, to reduce all noise and vibration to a reasonable degree.A noise is considered objectionable due to intermittence, beatfrequency or high pitch, noise proofbuildings are tested and approvedby the Municipal officials concerned.
2. Smoke —
Any smoke emitted from any source for a period aggregating seven(7) minutes in any given thirty (30) minute time particularly whenstarting a new fire, shall have a density not greater than No. 2 ofRinglemann Chart.
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Dust, Dirt and Fly Ash —
The emission of dust, dirt or fly ash from any source of activity thatwill pollute the air and render it unclean, destructive, unhealthful orhazardous or cause visibility to be impaired, shall not be permittedIn no case whatsoevershall dust, dirt or fly ash be allowed to exceed0.30 grams per cubic meter of fuel gas at stack temperature of 60degrees centigrade so as not to create a haze with opaquenessequivalent to or greater than No. 1 of the Ringlemann Chart.
Odors and Gases —
The emission of foul odors and gases deleterious to public health,safety and general welfare shall not be permitted. Buildings andactivity emitting foul odors and obnoxious gases shall be enclosedwithin airtight buildings provided with air conditioning system, filters,deodorizing and other air cleansing equipment.
Glare and Heat —
Glare and heat from any operation or activity shall not be allowed toradiate, be seen or felt from any point beyond the limits of theproperty
Industrial Waste —
Industrial waste shall be disposed of only in a manner that will notcreate any nuisance or danger to adjoining properties or to thecommunity in general.
Sewerage Deposit —
No sewerage dangerous to the public health, safety and generalwelfare shall be discharged to any public sewer system, naturalwatenivay or drainage channel. In addition to other requirements, allsewage shall comply with the pertinent requirements of the NationalPollution Control Commission.
Acidity —
Acidity shall be neutralized to a pH (ion concentration) of between 6.5and 8.5 at a daily average volume basis with a temporary variation of5.0 to 10.0 Ph. Wastewater shall not contain oil and greases inexcess of 300 PPM (parts per million) or exceed a daily average of10 PPM.
SECTION 48. MATERIAL RECOVERY FACILITIES (MRFs) ATBARANGAY LEVEL. —Aland lot of area not less than 300 square meters shall berequired from each barangay government to be allotted for a Material RecoveryFacility (MRF). Each MRF shall receive solid wastes from sources within thejurisdiction of the barangay and be responsible in proper waste segregation.
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ARTICLE IXMISCELLANEOUS PROVISIONS
SECTION 49. PROJECTS OF NATIONAL SIGNIFICANCE. — Projectsmay be declared by the NEDA Board as Projects of National Significance pursuantto Section 3 of EC. No. 72. When a project is declared by the NEDA Board as aproject of National Significance, the Locational Clearance shall be issued byHLURB pursuant to EC. No. 72.
SECTION 50. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). -Notwithstanding the issuance of locational clearance under Section 37 of thisOrdinance, no environmentally critical projects located in environmentally criticalareas shall be commenced, developed or operated, unless the requirements ofECG have been complied with.
SECTION 51. SUBDIVISION PROJECTS. -All owners and / or developersof Subdivision Projects shall, in addition to securing Locational Clearance underSection 37 of this Ordinance, be required to secure a Development Permit pursuantto the provisions of PD. No. 957 and its implementing rules and regulations, HP.No. 220 and its implementing rules and regulations in the case of SocializedHousing Projects in accordance with the procedures laid down in EC. No. 71,series of 1993.
51.1. All owners / developers must have their own Material RecoveryFacility equipped with composting equipment / devices for bio-degradable and possess trucks for transporting collected residualwaste to sanitary landfill transfer stations.
51.2. Planting strips along and in both sides of road must be provided bythe developer. Strips must be planted with trees and must bemaintained and shall never be occupied with temporary / permanentstructures.
51.3. To ensure sustainability of groundwater resources, all subdivisionowners and developers are encouraged to allow provision of amplespaces that are not covered by impervious spaces, to facilitate groundinfiltration of rainwater and promotion of recharge in groundwaterreserves.
ARTICLE XMITIGATINGDEVICES
SECTION 52. DEVIATION. — Variances and l or exceptions from theprovisions of this Ordinance may be allowed by the Local Zoning Board ofAppeals(LZBA) only when the following terms and conditions are existing:
1. Variances - (deviation from applicable Building Bulk and DensityRegulations, Building Design Regulations and PerformanceStandards):
a. Variance may be allowed provided that proposals satisfy all ofthe following provisions:
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Conforming to the provisions of the Ordinance willcause undue hardship on the part of the owner oroccupant of the property due to physical conditions ofthe property (topography, shape, etc), which is not self-created.
The proposed variance is the minimum deviationnecessary to permit reasonable use of the property.
The variance will not alter the intended physicalcharacter of the zone and adversely affect the use ofthe other properties in the same zone such as blocking-off natural light, causing loss of natural ventilation orencroaching in public easements and the like.
That the variance will not weaken the general purposeof the Ordinance and will not adversely affect the publichealth, safety or welfare.
The variance will be in harmony with the spirit of thisOrdinance.
2. Exceptions - (deviations from Allowable Use provisions):
a, Exceptions may be allowed, provided that proposals satisfyall of the following conditions:
r\7 The exception will not adversely affect the public health,safety and welfare and is in keeping with the generalpattern of development in the community;
The proposed project shall support economic basedactivities / provide livelihood, vital community servicesand facilities while at the same time posing no adverseeffect on the zone / community;
The exception will not adversely affect the appropriateuse of adjoining properties in the same zone such asgenerating excessive vehicular traffic, causingovercrowding of people or generating excessive noiseand the like; and
The exception will not alter the essential character andgeneral purpose of the district where the exceptionsought is located.
SECTION 53. PROCEDURES FOR EVALUATING VARIANCES AND IOR EXCEPTIONS.- The procedure for evaluating application for Variances and /or Exceptions are as follows:
;1. The project proponent shall file a written application for Variance and
/ or Exceptionwith LZBA citing the section(s) of the Ordinance underwhich the same is sought and stating the ground/s thereof.
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2. Upon filing of application, a visible project sign, (indicating the nameand nature of the proposed project) shall be posted at the project site.This sign shall be maintained until the LZBA has rendered a decisionon the application.
3. The LZBA shall conduct preliminary studies on the application. Theseapplication papers shall be made accessible to the public.
4. A written affidavit of no objection to the project by the owners of theproperties immediately in front of and abutting the project site shallbe filed by the applicant with the LZBA within fifteen (15) days uponfiling of application.
5. The LZBA shall hold public hearing(s) to be held in the concernedbarangay.
6. At the hearing, any party may appear in person, or be represented byagent/s. All interested parties shall be accorded the opportunity to beheard and present evidences and testimonies.
7. The LZBA shall render a decision within thirty (30) days from the filingof the application, exclusive of the time spent for the preparation ofwritten affidavit of non-objection and the public hearing(s).
All expenses to be incurred in evaluating proposals for Variances and / orExceptions shall be shouldered by the project proponent.
ARTICLE XIADMINISTRATION AND ENFORCEMENT
SECTION 54. LOCATIONAL CLEARANCE. - All owners / developersshall secure Locational Clearance from the Zoning Administration / Zoning Officeror in Cases of Variances and Exemptions, from the Local Zoning Board ofAppeals(LZBA) prior to conducting any activity or construction on their property I land.
SECTION 55. BUILDING PERMIT. - No building permit shall be issued bythe Local Government Building Official without a valid Locational Clearance inaccordancewith this Ordinance.
SECTION 56. NON-USE OF LOCATION CLEARANCE. — Upon issuanceof a Locational Clearance, the grantee thereof shall have one (1) yearwithin whichto commerce to or undertake the use, activity or development covered by suchclearance on his property. Non—use of clearancewithin said period shall result in itsautomatic expiration, cancellation and the grantee shall not proceed with his projectwithout applying for a new clearance.
SECTION 57. CERTIFICATE OF NON-CONFORMANCE. — A certificateof Non-Conformance shall be applied for by the owner of the structure or operatorof the activity involved within six (6) months from the ratification of the ZoningOrdinance by the HLURB or the Sangguniang Panlalawigan (SP). Failure on thepart of the owner to register / apply for a certificate of Non- Conformance shall beconsidered in violation of the Zoning Ordinance and is subject to fines / penalties.
Page 54 of 60, 0rd. No. 010-2017, Re: A municipal ordinance enacting the Comprehenxr’ve ZoningOrdinanceoftheMunicipalityofMexico, Prov. Qfl’ampanga.
Upon approval of this Ordinance, the Zoning Administrator / Zoning Officershall immediately notify owners of known existing non—conforming use to apply fora Certificate of Non-Conformance.
SECTION 58. EXISTING NON-CONFORMING USES AND BUILDINGS.— The lawful uses of any building, structure or land at the time of adoption oramendment of this Ordinance may be continued, although such uses do notconform with the provision of this Ordinance, provided:
1. That no such non-conforming use shall be enlarged or extended tooccupy a greater area of land than that already occupied by such useat the time of the adoption of this Ordinance or moved in whole or inpart, to any other portion of the lot or parcel or land where such non-conforming use exists at the time of the adoption of this Ordinance;
2. That such non-conforming use which has ceased operation for morethan 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-conformingstructure or structures under one ownershipwhich has I have been damaged may be reconstructed and used asbefore, provided that such reconstruction is not more than fiftypercent (50 %) of the replacement cost;
5. That should such non-conforming portion of structure be destroyedby any means to an extent of more than fifty percent (50%) of itsreplacement cost at the time of destruction, it shall not bereconstructed except in conformity with the provisions of thisOrdinance;
6. That no such non-conformingstructure may be enlarged or altered ina way, which increases its non—conformity, but any structure or portionthereof may be altered to decrease its non—conformity;
7. That should such structure be moved for any reason to whateverdistance, it shall thereafter conform to the regulation of the district inwhich it is moved or relocated.
In addition, the owner of a non-conforminguse shall program the phase-outand relocation of the non-conforming use within ten (10) years from the effectivityof this Ordinance.
SECTION 59. RESPONSIBILITY FOR ADMINISTRATION ANDENFORCEMENT. - This Ordinance shall be enforced and administered by theLocal Chief Executive through the Zoning Administrator / Zoning Officer who shallbe appointed by the former in accordancewith existing rules and regulations on thesubject.
SECTION 60. POWERS AND FUNCTIONS OF A ZONINGADMINISTRATOR l ZONING OFFICER.— Pursuant to the provisions of ExecutiveOrder No. 72, implementing RA. No. 7610 in relation to Section 5 paragraph a andg and Section 7 of Executive Order No. 648, dated 07 February 1981, the ZoningAdministrator / Zoning Officer shall perform the following functions, duties andresponsibilities:
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1. Enforcement —
A. Act on all applications for Locational Clearance for all projects.
1. Issuance of Locational Clearance for projects conforming tozoning regulations.
2. Recommend to the Local Zoning Board ofAppeals (LZBA) thegrant or denial of application for variancesand exemptions andthe issuance of Certificate of Non—Conformance for non~conforming projects lawfullyexisting at the time of the adoptionof the Zoning Ordinance, including clearances for repairs /renovations on non-conforming uses consistent with theguidelines thereof.
B. Monitor on-going / existing projects within their respectivejurisdictions and issue notices of violation and show cause order toowners, developers or managers of projects that are violative ofZoning Ordinance and if necessary, pursuant to Sec. 3 of EC.No. 72 and Sec. 2 of EC. No. 71, refer subsequent actions thereonto the HLURB.
0. Call and coordinate with the Philippine National Police forenforcement of all orders and processes issued in the implementationof this Ordinance.
D. Coordinate with the Municipal Legal Officer for other legal actions Iremedies relative to the foregoing.
2. Planning —
A. Coordinate with the Provincial Land Use Committee / Regional Officeof the HLURB regarding proposed amendments to the ZoningOrdinance prior to the adoption by the Sangguniang Bayan.
SECTION 61. ACTIONS 0N COMPLAINTS AND OPPOSITIONS. - Acomplaint for violation of any provision of the Zoning Ordinance or of any clearanceor permit issued pursuant thereto shall be filed with the LZBA.
However, oppositions to application for clearance, variance or exceptionshall be treated as a complaint and dealt with in accordance with the provision ofthis section.
SECTION 62. FUNCTIONS AND RESPONSIBILITIESOF THE LOCALZONING BOARD OF APPEALS. — There is hereby created a Local Zoning Boardof Appeals (LZBA) which shall perform the following functions and responsibilities:
A. Act on Applications of the following nature —
1. Variances;
2. Exceptions;
3. Non- ConformingUses;
Page 56 of 60. 0rd. No. 010-2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinanceoftheMunicipalityofMexica, Prov. q/Pampangu.
4. Complaints and Opposition to Applications.
Act on Appeals on Grant or Denial of Locational Clearance by theZoning Administration I Zoning Officer.
Act on appeals regarding the non-conformity of existing uses,buildings or structures to the applicable provisions of this Ordinance.
Decisions of the Local Zoning Board of Appeals (LZBA) shall becarried by an absolute majority vote (50%+1) of its members.
SECTION 63. COMPOSITION OF THE LOCAL ZONING BOARD OFAPPEALS (LZBA). — The Municipal Development Council shall create a sub-committee that will act as the LZBA composed of the following members:
1.
2.
Municipal Mayor as Chairman;
88 Committee Chairperson on Land Use / Zoning (If said committeeis nonexistent, the 88 may elect a representative);
Municipal Legal Officer;
Municipal Assessor;
Municipal Engineer;
Municipal Planning and Development Coordinator (if other than theZoning Administrator);
Municipal Environment and Natural ResourcesOfficerl Disaster RiskReduction and Management Officer
Two (2) representatives of the private sector nominated by theirrespective organizations;
Two (2) representatives from non-government and civil societyorganizations nominated by their respective organizations.
The Municipal Planning and Development Office shall serve as theSecretariat to the LZBA. The LZBA may also invite resource persons insupport of the performance of its functions.
SECTION 64. INTERIMPROVISION. — Until such time that the LZBA shallhave been constituted, the HLURB shall act as the LZBA. As an appellate Board,the HLURB shall adopt its own rules of procedure to govern the conduct of appealsarising from the administration and enforcement of this Ordinance.
SECTION 65. REVIEW OF THE ZONING ORDINANCE. — The MunicipalDevelopment Council shall create a sub-committee, the Local Zoning ReviewCommittee (LZRC) that shall review the integrated Zoning Ordinance consideringthe Comprehensive Land Use Plan, as the need arises, based on the followingreasons / situations:
1. Updating / Revision of the CLUP;
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Introduction of projects of national and I or local significance;
Force majure events with municipal-wide implications;
Petition for rezoning I re-classification with municipal-wideimplications;
Increasing number of applications / issuances invoking Variances andExceptions.
SECTION 66. COMPOSITION OF THE LOCAL ZONING REVIEWCOMMITTEE (LZRC). — The Local Zoning and Review Committee shall becomposed of sectoral experts.
These are the Local Officials / Civic Leaders responsible for the operation,development and progress of all sectoral undertakings in the locality, e.g.:
1.
10.
11.
12,
SB Committee Chairperson on Land Use / Zoning (or equivalentcommittee);
Municipal Planning and Development Coordinator;
Municipal Zoning Administrator/ Municipal Zoning Officer;
Municipal Assessor;
Municipal Legal Officer;
Municipal Engineer;
Municipal Environment and Natural Resources Officer (MENRO) /Disaster Risk Reduction and Management Officer;
Municipal Agriculturist;
Municipal Agrarian Reform Officer (MARO);
President of the Association of Barangay Captains;
Three (3) Private Sector Representatives such as from LocalChamber of Commerce, Local Housing and Industry, Federation ofHomeowner’sAssociation and Academe;
Two (2) N60 and Civil Society Organization representatives.
The Municipal Planning and Development Office shall serve as theSecretariat to the Local Zoning Review Committee (LZRC).
The Local Zoning Review Committee (LZRC) may invite resource personsin support of the performance of its functions.
SECTION 67. FUNCTIONS OF THE LOCAL ZONING REVIEWCOMMITTEE. — The Local Zoning Review Committee shall have the followingpowers and functions:
LPng 58 of 60, Ord. No. 010—2017, Re: A municipal ordinance enacting the Comprehensive ZoningOrdinance oftheMunicipalityofMexico, Prov. ofPampanga.
A. Review the Zoning Ordinance for the following purposes:1. Determine amendments or revisions necessary in the Zoning
Ordinance because of changes that might have beenintroduced in the Comprehensive Land Use Plan;
2. Recommend changes to be introduced in the ComprehensiveLand Use Plan and the Zoning Ordinance in the light of permitsgranted such as Variances and Exceptions and increasingapplications for rezoning and reclassification.
B. Recommend to the Sangguniang Bayan necessary legislativeamendments on the needed changes in the integrated ZoningOrdinance (20) as a result of the review conducted; and
C. Coordinate with HLURB of the recommended changes to theintegrated Zoning Ordinance as a result of its review.
SECTION 68. AMENDMENTS TO THE ZONING ORDINANCE. -Changes in the Zoning Ordinance as a result of the review by the Local ZoningReview Committee shall be treated as an amendment, provided that anyamendment to the Zoning Ordinance or provisions thereof shall be subject to publichearing and review evaluation of the Local Zoning Review Committee and shall becarried out through a resolution of three fourths vote of the Sangguniang Bayan.Said amendment shall take effect only after approval and authentication by theSangguniang Panlalawigan.
SECTION 69. VIOLATIONAND PENALTY. —Any person who violates anyof the provisions of this Ordinance, shall, upon conviction, be punished by a finenot exceeding TWO THOUSAND FIVE HUNDRED (P 2,500.00) PESOS or animprisonment for a period not exceeding six (6) months, or both at the discretion ofthe Court. In case of violation by a corporation, partnership or association, thepenalty shall be imposed upon erring officers thereof.
SECTION 70. SUPPLETORY EFFECT OF OTHER LAWS ANDDEGREES. - The provisions of this Ordinance shall be without prejudice to theapplication of other laws, Presidential Decrees, Letter of Instructions and otherExecutive or AdministrativeOrders vesting national agencies with jurisdiction overspecific land areas, which shall remain in force and effect, provided that land usedecisions of national agencies concerned shall be consistent with theComprehensive Land Use Plan of the locality.
SECTION 71. SEPARABILITY CLAUSE. — Should any section or provisionof this Ordinance be declared by the Courts to be unconstitutional or invalid, suchdecision shall not affect the validity of the Ordinance as a whole or any part thereofother than the part so declared to be unconstitutional or invalid.
SECTION 72. REPEALING CLAUSE. —A|| ordinances, rules or regulationsin conflict with the provisions of this Ordinance are hereby repealed provided thatthe rights that are vested upon the effectivity of this Ordinance shall not be impaired.
SECTION 73. EFFECTIVITY CLAUSE. - This Ordinance shall take effectupon approval by the Sangguniang Panlalawigan.
UNANIMOUSLY ENACTED.
Page 59 of 60, Ord. No. 010-2017, Re: A municipal ordinance enacting the Comprehensive ZunmgOrdinance qfrhc Municipality ofMexico, Prov. ofPampzmga.
I HEREBY CERTIFY to the correctnessof the above Municipal Ordinance.
ADONIS . COSIOSecretary to the Sanggunian
CONCURRED BY:
LOURDES G. SlCAT EMMANUEL R. MANALOS. B. Member
WhyFERW DIZON ELIMAR M. VENTURAS. B. mb 8. B. Member
IEX ER T. COLISS.K.M.F. President
ATTESTED BY:
JOgTHANR. PANGAN
Municipal Vice-Mayor]Presiding Officer
APPROVED Y:
~
TEDDY C. TUMANGMunicipal Mayor
Date Transmitted for LCE Approval :APR 1 7 2019
Date of Approval by LCE : APR 1 7 2113
Date of Posting ;APR 2 2 2013
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