Ordinance No. 11 Series of 2013 - 19th Sangguniang ...

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Sangguniang Panlungsod, General Santos City Ordinance No. 11 Series of 2013

AN ORDINANCE ENACTING THE CODE OF ORDINANCES OF THE CITY OF GENERAL SANTOS

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Hon. Shirlyn L. Bañas-Nograles – Author

Co-authors and & Principal Sponsors: Hon. Ronnel C. Rivera, Hon. Elizabeth B. Bagonoc, Hon. Vivencio E. Dinopol, Hon. Richard L. Atendido, Hon. Nepthale P. Natividad, Hon. Eduardo D. Leyson IV, Hon. Dante S. Vicente, Hon.

Virginia T. Llido, Hon. Dominador S. Lagare III, Hon. Marius Orlando A. Oco, Hon. Margareth Rose N. Santos, Hon. Remus P. De Claro, Hon. Lourdes F. Casabuena, and Hon. Mac Alejandre M. Tablazon

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

TITLE 18 LAND USE, URBAN PLANNING AND DEVELOPMENT

Chapter I Reclassification of Parcels of Land1

Section 1. A parcel of agriculture land known as Lot 9545-A, Psd-116303-034681,

covered by TCT No. 64123, and containing an area of 9,888 square meters situated in Nopol, Barangay Conel, this City, is hereby reclassified from agricultural to residential and institutional land to pave way for the establishment of a convent with chapel and school building of Disciples of Saint Therese of the Infant Jesus.2

Section 2. Lot No. 706-A, 706-B, 706-C, all of PLS-209-D, and Lot Nos. 707-A, 707-B, 707-C, all of PSD-209-D, are hereby reclassified from agricultural land to residential lands.3

Chapter II Comprehensive Development Plan4

ARTICLE I TITLE AND AUTHORITY

Section 1. TITLE OF THE ORDINANCE.

This Ordinance shall be known as the “Comprehensive Zoning Ordinance 2001-2010” of the City of General Santos and shall be referred to as the Ordinance.

Section 2. AUTHORITY.

This Ordinance is enacted pursuant to the provisions of the New Local Government Code, RA 7160 Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October 1991, “Authorizing the City through the Sangguniang Panlungsod to adopt Zoning Ordinance subject to the provisions of existing laws”, and in conformity with E.O. No. 72.

1Ordinance No. 01, Series of 1999 and Ordinance No. 14, Series of 2004. 2Ordinance No. 01, Series of 1999. 3Ordinance No. 14, Series of 2004. 4Ordinance No. 14, Series of 1978, Ordinance No. 17, Series of 1984, Ordinance No. 35, Series of 1989, Ordinance No. 02, Series of 1995, as amended by Ordinance No. 10, Series of 2001, Ordinance No. 03, Series of 2003, Ordinance No. 08, Series of 2003, and Ordinance No. 14, Series of 2003.

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ARTICLE II

INTRODUCTION

Section 3. DEFINITION OF TERMS The definition of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and Regulations, promulgated by the Housing and Land Use Regulatory Board (HLURB). The words, terms and phrases enumerated hereunder shall be understood to have the corresponding meaning indicated as follows: 1. Abutment – a structure extended from the main buildings or extension of a building. 2. Accessory use - a use customarily incidental and subordinate to the principal use of the

main building. A use which is dependent on or enhances the principal or main use. 3. Additions, Alterations, Repairs – any change, addition, or modification in the construction of

building/structure. 4. Advertising Sign - an advertisement or sign that is visible from a street, road or public place

or by passengers carried on any form of public transport. 5. Agricultural Building – a building designed and constructed to house farm implements, hay,

grain, poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, or shall it be used by the public.

6. Agricultural Zone - an area within a city or municipality intended for cultivation, fishing and pastoral activities, e.g. fish farming, cultivation of crops, goat/cattle raising, piggeries, poultries, etc.

7. Agro-industrial Zone – an area within a city or municipality intended primarily for integrated farm operations and related product processing activities such as packaging for bananas, packing of pineapple, rice mills, corn mills, slaughter house, dressing plants, etc.

8. Alley – any public space or thoroughfare which has been dedicated or deeded to the public for public use as a passageway with a width of not more than three meters, both ends connecting to a street.

9. Apartment – a room or suite of rooms, designed and intended for, or occupied by one household for living, sleeping, and cooking purposes.

10. Apartment Hotel/Apartel – an apartment house which may include dining room service and other services for the exclusive use of its tenants.

11. Apartment House – a building arranged in several suites of connecting rooms, each suite designed for independent housekeeping, but with certain mechanical conveniences, such as heat, light or elevator services, in common to all persons occupying the building. A building containing multiple rental units. Sometimes called a flat or flat house.

12. Bar/Karaoke Bar – an establishment where music is allowed but dancing is prohibited and alcoholic beverages and short orders may be served. Waiters and waitresses are not allowed to sit with and entertain the customers. This term includes beer houses, cocktail lounges and refreshment parlors.

13. Boarding house – a lodging house at which meals are provided. 14. Buffer Area - these are yards, parks or open spaces intended to separate incompatible

elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where no permanent structures may be built and fencing is allowed.




15. Buildable Area – the main space in a lot after deducting the required minimum open space, setbacks, and areas for community facilities especially in subdivisions.

16. Building – structure designed for habitation, shelter, storage, trade, manufacture, religion, business, education and the like. A structure or edifice inclosing spaces within its walls, and usually, but not necessary covered with a roof.

17. Building Accessory – a building, subordinate to the main building and located on the same lot, the use of which is necessary or incidental to the use and enjoyment of the main building, such as servant’s quarters, guard houses, garages, etc.

18. Building Height - the maximum vertical distance between the natural or finished ground level at any point of any part of a building and the finished roof height at its highest point, excluding antenna, chimney, flagpole or the like.

19. Built-up Area – an area designated for urban use where a contiguous grouping of 10 or more structures are found.

20. Bus Terminal – a station where buses and/or jeepneys discharge and receive passengers. 21. Cemetery – public or private land used for the burial of the dead and other uses dedicated

for cemetery purposes, to include landscaped grounds, driveways, walks, columbarium, crematories, mortuaries, mausoleums, niches, graveyards and public comfort rooms.

22. Central Business District/CBD – shall refer to areas designated principally for trade, services and business purposes (Commercial C-1 Zone).

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

24. Club (night/day) – an establishment where dancing is allowed, often having entertainment or floor shows, serving alcoholic beverages and short orders. Waiters and waitresses are allowed to sit with and entertain the customers. This term includes cabarets.

25. Club House – a place where members of an organization or fraternal society enjoy indoor activities. This includes barangays and rural meeting halls.

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

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

28. Community Center - land used for the provision of social, recreational facilities for the local community, but does not include a pre-school, primary school, or educational establishment.

29. Commercial zone – refers to areas principally for trade services and business activities. 30. Compatible Use – uses or land activities capable of existing together harmoniously e.g.

Residential use and parks and playground, residential and commercial. 31. Comprehensive Development Plan (CDP) - a document embodying specific proposals for

guiding, regulating growth and/or development. It is synonymous with the Comprehensive Land Use Plan in this usage and contains the sectoral studies i.e. Demography, Socio-Economic, Infrastructure and Utilities, Environment, Local Administration and Land Use.

32. Condominium - a multi-rise structure usually used for commercial or residential purposes and generally owned by the occupants thereof.

33. Consent on Merit – is a development tool that evaluates allowable uses based on the planning objective of the LGU.

34. Consulting Room - a building or part of a building (not being a hospital) used in the practice of a profession by a medical, veterinary or dental practitioner, or a practitioner in any curative science, in the provision of medical services, mental, moral or family guidance, but does not include a building or part of a building in which animals are kept for fee or reward.

35. Coping – a material or units used to form a cap of finish on top of a wall, pier or plaster.




36. Coastal Zone – refers to a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses and vice-versa; its geographic extent may include mangrove, swamps, brackish water pond, nipa swamps, estuarine, rovers, sandy beaches. Land uses may range from fishponds, mangroves and recreational/tourism provided such uses will not result in environmental degradation.5

37. Cottage industry - an economic activity carried on in the homes or in other places for profit. With capitalization not exceeding P100, 000 at the time of registration. The definition provided for in P.D. 817 is hereby adopted for zoning purposes.

38. Court – an occupied space between building lines and lot lines other than a yard; free, open, and unobstructed by appendages from the ground level.

39. Detached Dwelling - a detached building comprising one dwelling on a site that is held exclusively with that dwelling and has a frontage to a road.

40. Development – refers to

a. building work; or b. a change in the use of land; or c. the subdivision of a lot; or d. mining operations on land, and e. development on or under water

41. Development Control System – a tool that encourages community participation thus enhances relationship between the social and physical amenity of a development area.

42. Development Permit – the permit issued upon compliance of the proposed development with the approved standards and guidelines applicable for a specific project. A thorough assessment of the project’s final development scheme, detailed engineering plans such as road and circulation network, power and distribution system, drainage and sewerage system, structural plans, parks and open spaces and other documentary requirements is accomplished prior to issuance. The permit when issued, is an authorization for the project proponent to proceed with actual physical or land development.

43. Dominant land use - land use which accounts for at least 70% of the area within 1,000 meters radius from the periphery of the lot being applied for.

44. Dormitory - an institutional building where boarders are provided with board and lodging, sleeping and eating in common halls and consisting of at least ten (10) or more persons.

45. Dumping site - a lot or land or part thereof used primarily for the disposal by dumping, burial, burning or any other means and/or whatsoever purpose of garbage, sewerage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste materials of any kind.

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

47. Tourism Zone – an area designated for tourism purposes while preserving the ecological integrity of the land.

48. Electricity Substation – applies to a. works for the conversion, transformation or control of electricity by one or more

transformers, or by any switch gear or other equipment; or b. any equipment, building, structure or other works ancillary to or associated with

works referred to in paragraph (a), other than any such works— i. that are mounted on a pole; or

5Section 1 of Ordinance No. 03, Series of 2003.




ii. that are wholly enclosed in a weather-proof enclosure not exceeding 8.5 cubic meters; or

iii. that are incidental to any lawful use of the land which the works are situated.

49. Environmentally Critical Areas - refers to those areas which are environmentally sensitive

and are listed in Presidential Proclamation 2146 dated December 14, 1981 (see Annex 1A.).

50. Environmentally Critical Projects – refers to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981 and Presidential Proclamation No. 803, s1986, as well as other projects which the President may proclaim as environmentally critical in accordance with Sec. 4 of PD 1586 (DAO 21,s1992 as amended by DAO 96-37, s1996).

51. Exception – a device which grants a property owner relief from certain provisions of a zoning ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.

52. Farm - any parcel of land used for gain in the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used.

53. Farm Building - a building used wholly or partly for the purpose of farming, but does not include a dwelling.

54. Firewall – any wall subdividing the buildings so as to resist the spread of fire, starting at the foundation and extending continuously through all the storeys to or above the roof.

55. Floor Area Ratio or “FAR” - the ratio between the gross floor area of building and the area of the lot on which it stands determined by dividing the gross floor area of the building and the area of the lot. The gross floor area of any building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.

56. Forest Zone – an area within a city or municipality intended primarily for forest purposes. 57. Fuel Depot - land used primarily for the storage of gasoline, gas, oils or other petroleum

products and within or upon which no retail trade is conducted. 58. Funeral Home or Parlour – an establishment with facilities for the preparation of the dead

for burial or cremation, and the viewing of the deceased by mourners. 59. Garage – a building or portion thereof in which motor vehicles are housed, cared for or kept

for remuneration, hire or sale. No loading and unloading of passengers is allowed in the area.

60. Gasoline Filling Station - a place where gasoline or any other motor fuel, lubricating oil or grease for operation of automobile is offered for sale to the public. Gas filling is made directly into the vehicle. The following services are available at the gasoline filling station: lubrication on the premises washing of automobiles where no mechanical conveyor, blower or stream cleaning

device is involved such other service and minor adjustments as are customarily permitted at gasoline

filling station. 61. General Residential Zone (GRZ) – an area designated principally for dwelling/housing

purposes. 62. General Zoning Map – a duly authenticated map delineating the different zones in which the

whole city is divided.




63. Gross Floor Area (GFA) – the GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by:

a. Office areas; b. Residential areas; c. Corridors; d. Lobbies; e. Mezzanine; f. Vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues,

pipe shafts, vertical ducts, and the like, and their enclosing walls; g. Rest rooms or toilets; h. Machine rooms and closets; i. Storage rooms and closets; j. Covered balconies and terraces; k. Interior walls and columns, and other interior features;

• But excluding: l. Covered areas used for parking and driveways, including vertical penetrations in

parking floors where no residential or office units are present; m. Uncovered areas for AC cooling towers, overhead water tanks, roof decks laundry

areas and cages, wading or swimming pools, whirlpools or jacuzzis, gardens, court or plazas.

64. Guard House – an accessory building or structure used by the security guard on duty. 65. Home Occupation - occupation conducted within a dwelling and not in any accessory

building, provided no person who is not a resident in the premises is employed, no mechanical equipment is used, except such as is permissible for purely domestic or household purposes and not more than one-fourth (1/4) of the floor area of one storey of the dwelling is devoted to such home occupation does not require internal or external alteration, or involve construction features or use of equipment not customary in dwellings. No excessive traffic should be generated or parking of large utility vehicles is allowed.

66. Hospital - unless otherwise specified, the term “hospital” shall be deemed to include sanitarium, preventorium clinic, rest house, nursery home, convalescent home and any other place for the diagnosis, treatment, or other case of ailments, and shall be deemed to be limited to places for diagnosis, treatment of other causes of human ailment.

67. Hotel - a building or part thereof with rooms occupied or intended to be occupied for hire as temporary aboding place of individuals with a general kitchen and public dining room service, but no provisions for cooking in any individual suite or room.

68. HLRB/Board – shall mean the Housing and Land Use Regulatory Board. 69. Idle/vacant lands - refer to areas within alienable and disposable lands or human

settlement, which remain uncultivated (for agricultural lands), or no improvements have been made.

70. Indoor Recreation Center - a building designed or adapted primarily for recreation, but does not include a stadium or amusement machine center.

71. Industry - the carrying on, in the course of a trade or business, of any process (other than a process in the course of farming or mining) for, or incidental to—

a. the making of any article, ship or vessel, or of part of any article, ship or vessel; or the altering, repairing, ornamenting, finishing, assembling, cleaning, washing, packing, bottling, canning or adapting for sale, or

b. the breaking up or demolition, of any article, ship or vessel; or c. the getting, dressing or treatment of materials.

72. Industrial Estate – a tract of land, subdivided into plots intended for establishments engaged in industrial production and services.




73. Infrastructure and Utilities – refers to areas that are utilized for transportation (ports and piers, terminals and other incidental uses), telecommunications, power generating stations, reservoir stations, waste disposal plants, etc.

74. Innovative Design – introduction and/or application of new/creative designs and techniques in development projects e.g. Planned Unit Development (PUD), New Town, etc.

75. Institutional lands – refers to area principally for general types of institutional establishments e.g. government offices, schools, hospitals/clinics, welfare homes, military camps/reservations/bases/training grounds, retreat house or monasteries, convention centers.

76. Kindergarten - a place primarily for the care or instruction of children younger than 6 years old, not resident on the site, and includes a nursery or child-care center.

77. Light Industrial Zone – a subdivision of an area principally for the following types of business:

Non-pollutive/non-hazardous Non-pollutive/hazardous

78. Light Industry - an industry where the process carried on, the materials and machinery used, the transport of materials, goods or commodities to and from the land on or in which (wholly or in part) the industry is conducted and the scale of the industry does not—

a. detrimentally affect the amenity of the locality or the amenity within the vicinity of the locality by reason of the establishment or the bulk of any building or structure, the emission of noise, vibration, smell, fumes, smoke, vapor, steam, soot, ash, dust, waste water, waste products, grit, oil, spilled light, or otherwise howsoever; or

b. directly or indirectly, cause dangerous or congested traffic conditions in any nearby road.

79. Locational Clearance - a clearance issued to a project that is allowed under the provisions of this Zoning Ordinance as well as other standards, rules and regulations on land use.

80. Lot - a parcel of land on which a principal building and its accessories are constructed. The lot may be vacant.

81. Lot Depth - the average horizontal distance between the front and the rear property lines. 82. Lot Line - the line of demarcation between either public or private property on all sides. 83. Lot Width - the average horizontal distance between the side lot lines. 84. Market, Public – a building or an area where selling/buying takes place and where stall

owners pay rent to the government for the space they occupy. 85. Memorial Park/Garden – a privately owned cemetery with well kept landscaped lawns and

wide roadways and footpaths separating the areas assigned for ground interments, tombs, mausoleums and columbariums, with or without a mortuary chapel, and provided with systematic supervision and maintenance.

86. Minor variation – refers to those projects that are evaluated for consent on merit approval. Its impact is limited to the barangay.6

87. Motel – any structure with several separate units primarily located along the major highway (National Highway) outside the Central Business District (CBD) with individual or common parking space, at which motorists may obtain lodging, and some instances, meal services, with a minimum distance of 200 meters from any schools, churches and such other institutions.

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





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

90. Occupancy - the purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy does not include change of tenants or proprietors.

91. Office - commercial buildings used to house offices for lease or rent. It may concern a single occupancy use or mixed occupancy uses not involving retail merchandising except professional services.

92. Open Grassland/Pastureland – lands of the public domain which, due to its topography and vegetation, have been set aside for pasture.

93. Open Space - an area where no building for human habitation is allowed including, but not limited to open spaces for parking areas, basements, setbacks, parks and other recreational areas, idle and vacant lots, etc. wherein no development other than for its use and maintenance as an open space is allowed. This excludes community facilities such as water tanks and clubhouses.

94. Open Storage – an enclosure with no roofing used as a depot for unperishable goods. 95. Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements and for

the maintenance of ecological balance of the community. 96. Planned Unit Development (PUD) – it is a land development scheme wherein project site is

comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building siting, complementarily of building types and land uses, useable open spaces and the preservation of significant natural land features.

97. Production Forest – forest lands intended primarily for the production of timber. This includes natural and man-made forests. Also includes agro-forested areas.

98. Protection Forest – forest lands which include critical watershed, mossy forests, strips of specified width bordering rivers, stream, shorelines and reservoir and steep, rocky areas and other naturally unproductive lands.

99. Public Service Depot - land used for storage and operations connected with the provision of public services (including gas, electricity, water supply, sewerage, drainage, roadwork or telecommunication services) by a body responsible for the provision of those services.

100. Residential lands – lands which are intended primarily for human habitation (dwelling or housing purposes)

101. Restaurant - structure used primarily for the customers consumption of meals on the site. 102. Rezoning – a process of introducing amendments to or a change in the text and maps of

the Zoning Ordinance. It also includes amendment or change in view of reclassification under Section 20 of RA 7160. Rezoning should be legislated in the form of an ordinance.

103. Right-of-Way – land set aside for free and unfettered public access by pedestrians and vehicles.

104. Road Transport Terminal – land used primarily for the bulk handling of goods for transport by road, whether or not the land is used for the loading and unloading of vehicles used to transport such goods; or the parking, servicing or repairing of vehicles used to transport such goods.

105. Rural Area - area outside of designated urban area. 106. Semi-detached Dwelling - a dwelling :

a. occupying a site that is held exclusively with that dwelling and has a frontage to a public road; and

b. comprising one of two dwellings erected side by side, joined together and forming, by themselves, a single building.




107. Servant’s Quarters – a room or rooms within the dwelling or a necessary building where servants, maids and domestic helpers of the family are quartered.

108. Service Station – a building or premise where gasoline, oil, batteries, tires and car accessories may be supplied and dispensed and sales made at retail and where in addition, the following services may be rendered: a. sale and servicing of spark plugs, batteries and distribution parts; b. tire servicing and repair, but not recapping or regrooving; c. replacement of mufflers and tail pipes, water hoses, fan belts, brake fluids, light bulbs,

fuses, floor mats, seat covers, windshields, wiper blades, grease retainers, wheel bearings, mirrors and the like;

d. radiator cleaning and flushing; e. washing and polishing, and sale of automotive washing and polishing materials; f. greasing and lubrications; g. emergency wiring repairs; h. minor servicing of carburetors; i. adjusting and repairing brakes; j. minor motor adjustments not involving the removal of the head or crank case or raising

the motor; k. sale of soft drinks, packaged food, tobacco and similar convenience goods for station

customers as necessary and incidental to the principal operations; and l. provision of road maps and other information materials to customers, and providing

restroom facilities. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobile not in operating condition, or other work involving noise, fumes, glare, smoke or other similar characteristics to any extent greater than normally found in a service station. A service station is not a repair or body shop.

109. Service Trade Premises - premises used primarily for the sale, rental or display of basic plant, equipment or machinery used in agriculture or industry, boats, domestic garages, sheds, outbuildings, motor vehicles, tents, trailers, building materials, landscaping materials or similar bulky articles or merchandise.

110. Setback - the open space left between the building and lot lines. 111. Showroom - premises used primarily for the sale, display or offer by retail, of furniture, floor

coverings, household appliances or electronic equipment for domestic use, but does not include premises for the sale, display or offer by retail of foodstuffs, clothing, sporting goods and personal effects goods.

112. Significant variation – refers to those projects that are evaluated for consent on merit approval which impact is citywide.7

113. Slaughterhouse - a building or part of a building, or land, used primarily for slaughter of stock or poultry, or the keeping of stock or poultry prior to slaughter on site.

114. Special Industry - an industry where the processes carried on, the methods of manufacture adopted or the particular materials or goods used, produced or stored, are likely

a. to cause or create dust, fumes, vapors, smells of gases; b. to discharge foul liquid or blood or other substance or impurities liable to become

foul; c. to endanger, injure or detrimentally affect the life, health or property of any person

(other than any person employed or engaged in the industry); or





d. to produce conditions which are, or may become, offensive or repugnant to the occupiers or users of land in the locality of or within the vicinity of the locality of the land on which (whether wholly or partly) the industry is conducted.

115. Special Use – an area where no building for human habitation is allowed including, but not limited to cemeteries and dumpsites, etc., wherein no development other than for its use and maintenance is allowed.

116. Store - a building or enclosed land used for the storage of goods, and within or upon which no trade (whether wholesale or retail) or industry is carried on, but does not include a junkyard, timber yard or public service depot.

117. Subdivision – a. the subdivision or resubdivision of a lot; or b. the alteration of the boundaries of a lot.

118. Theater – a building or part thereof where motion pictures, theatrical/dance presentation or concerts are shown and where entrance fees are collected.

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

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

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

122. Warehouse – a building whose primary purpose is the storage of goods, merchandise, utilities and/or other personal belongings and where industrial activities are not allowed.

123. Watershed – land area drained by a stream or fixed body of water and its tributaries having a common outlet for surface run-off.

124. Zone - an area within the City designated for specific land use as defined by man-made or natural boundaries.

125. Zoning Enforcement Officer – a city government employee responsible for the enforcement of the Zoning Ordinance in a community as embodied in Executive Order No. 71, series of 1993.

126. Zoning Officer – a city government employee responsible for the regulation/implementation of the Zoning Ordinance in a community.

Zoning Ordinance – a local legal measure that embodies regulations affecting land use.

Section 4. DIVISION INTO ZONES To effectively carry out the provisions of this Ordinance, the City is hereby divided into the following Zones as shown in the official Zoning Maps.

1. General Residential Zone (GRZ) 2. Socialized Housing Zone (SHZ) 3. Commercial Zone

a. Commercial –1 Zone (C-1) or Central Business District (CBD) b. Commercial –2 Zone (C-2)

4. Institutional Zone (InZ) 5. Industrial Zone




a. Light Industrial Zone (LIZ) b. Medium Industrial Zone (MIZ)

6. Parks and Recreation Zone (PRZ) 7. Infrastructure and Utilities Zone (IUZ) 8. Agricultural Zone (AGZ) 9. Production Forest (PDF) 10. Protection Forest (PTF) 11. Ecozone (EZ) 12. Regional Industrial Center (RIC) 13. Agro-industrial Zone (AIZ) 14. Coastal Zone (CZ) 15. Special Use Zone (SUZ) 16. Open Grassland/pastureland (OGL) 17. Tourism Zone (TZ)

Section 5. ZONING MAPS

The designation, location and boundaries of the districts herein established are shown in the official zoning map of the city as prepared by the Office of the City Planning & Development Coordinator, and hereby adopted as an integral part of the Ordinance. (Figure ZO.1 and ZO.2) The zoning map shall be signed by the City Mayor, attested by the Secretary of the Sangguniang Panlungsod and shall bear the seal of the City of General Santos. In the event that the zoning map is damaged, destroyed, lost or becomes difficult to interpret, the Sangguniang Panlungsod may, by resolution, adopt a new official zoning map, which shall supersede the prior official zoning map. All prior maps or significant part thereof remaining shall be preserved, together with all the available records pertaining to their adoption or amendment. Any rezoning by the Sangguniang Panlungsod should be accompanied by a corresponding revision in the Zoning Map.

Section 6. DISTRICT BOUNDARIES

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following zone boundaries shall be observed:

6.1 Barangay Apopong

6.1.1 General Residential Zone (GRZ)

GRZ-1 An area in Barangay Apopong, bounded on the north by Marcos Avenue, on the east by a 100m lot deep of commercial area, on the south by the boundary of Barangay Labangal and Makar River, on the west by SHZ-1 which is traversed by Sinawal River. GRZ-2 A trapezoidal shape of land bounded on the north by SHZ-1, on the east by Barangay Labangal, on the south by Makar River and on the west by FLGLA 103 and proposed Ecozone (EZ-1).




GRZ–3 An area in Barangay Apopong bounded on the north by Psu-139268, a buffer strip and Plan F-11-03-011077, on the east by Silway River, on the south by a 350-meter deep of industrial area and on the west by the 100-m strip of commercial land. GRZ-4 An area identified as Lot No. 458 and 459, Pls-356 known as DARBCI Subdivision. GRZ-5 A rectangular shape of land bounded on the north, east and south by GIZ-1 and on the west by Makar-Tupi Road (Bayhomes).

6.1.2 Socialized Housing Zone (SHZ) SHZ-1 A triangular-shaped land bounded on the east by GRZ-1, on the south-west by GRZ-2 and the north-west by FLGLA 103. SHZ-2 A rectangular shaped land identified as Lot No. 8-A to F, Psd-11-020181.

6.1.3 Regional Commercial Zone (RCZ) RCZ-1 A 100m lot-deep of commercial area along the western side of Makar-Tupi Road bounded on the north by Marcos Avenue and on the south by Lot 1-A-2-B. RCZ-2 A 100-meter strip commercial land on the eastern portion of Makar-Tupi Road bounded on the north by PSU-139268, on the east by GRZ-2, on the south by a 350-meter strip of industrial land and on the west by the National Highway (Makar-Tupi Road). 6.1.4 Institutional Zone (InZ) InZ An area located in Barangay Apopong, identified as Lot Nos. 503-A and 503-B, 504 and 491, Pls –356. 6.1.5 Industrial Zone LIZ-1 A 350 meters strip of industrial area along the National Highway in Barangay Apopong, bounded on the north by a barangay road, on the east by Silway River, on the south by the National Highway and on the west by the National Highway (Makar-Tupi Road). GIZ-1 An area located in Barangay Apopong bounded on the north by the boundary of the Municipality of Polomolok, on the east by Silway River, on the south by Lot No. Psu-139268 (SOCOTECO II) and GRZ-2 and on the west by Makar-Tupi Road.

6.1.6 Parks and Recreation Zone (PRZ) PRZ-1 An area covering Lot Nos. F-11-03-011077 and Plan F-37-611.

6.1.7 Special Use Zone(SUZ) SUZ-1 An area covering Lot Nos. 1-A-2-B, (LRC)Psd-40132 and Lot 1-A and 1-B (San Carlos Cemetery).

6.1.8 Infrastructure and Utilities Zone (IUZ) IUZ-1 An area covering Lot No. Psu-139268 (SOCOTECO II).




6.1.9 ECOZONE (EZ)

EZ-1 An area covering portion of FLGLA 542 bounded on the northwest by FLGLA 103, on the east by the New Town Development Zone and on the south by Makar River.

6.1.10 Protection Forest (PF)

PF –1 A 10-m lot deep of land along the stretch of Makar River and Silway River.

6.2 Barangay Baluan 6.2.1 General Residential Zone (GRZ) GRZ-1 An area covering Lot Nos. 1 and 2 along Amao Road, 2, 3, 4, 143, 114, 115, 116, 117,

159, 160, 13, 14, 24, 20, 126, 120, 48, 123, 53, 54, 134 and 135. 6.2.2 Regional Commercial Zone (RCZ) RCZ-1 A 50-meter lot deep of commercial land along both sides of Lagao-Buayan Road. RCZ-2 A 50-meter lot deep of commercial land along both sides of Bula-Amao Road. 6.2.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 1, Ccn-11-000011-D and Lot No. 61-A. 6.2.4 Agro-Industrial Zone (AIZ) AIZ-1 An area covering Lot Nos. 5, 6, 157, 158, 163, 96, 154, 187, 83, 186, 153, 462, 466

and 100. 6.2.5 Parks and Recreation PRZ-1 A rectangular shape of land within the barangay site utilized as the barangay parks and

recreation. 6.2.6 Agricultural Zone (AGZ) AGZ-1 An area located in Barangay Baluan, bounded on the north by the barangay boundary

of Ligaya, on the east by Barangay Buayan, on the south by Bula-Amao Road. AGZ-2 Aquaculture An area bounded on the north by Bula-Amao Road, on the east by Barangay Buayan,

on the south by the coastal zone and on the west by Barangay Bula. 6.2.7 Protection Forest (PTF) PTF-1 A 10-m lot deep of land along the stretch of Baluan Creek.




6.3 Barangay Batomelong 6.3.1 General Residential Zone (GRZ)

GRZ-1 An area covering Lot Nos. 201, 202, 480, 489, 804, 801, 495 and 665. 6.3.2 Institutional Zone (InZ) InZ 1 An area covering Lot Nos. 496 and 671.

6.3.3 Agro-industrial Zone (AIZ) AIZ 1 An area covering Lot Nos. 802 and 803. 6.3.4 Parks and Recreation Zone (PRZ) PRZ-1 An area covering Lot Nos. 657, 658, 659, 660, 661 and 662. 6.3.5 Agricultural Zone (AGZ) AGZ-1 An area bounded on the north by the Municipality of Malungon, on the east by Buayan

River, on the south by Barangay Tinagacan and on the west by the Makar-Digos Road and Tinagacan River.

6.3.6 Protection Forest (PTF) PTF-1 A 10-meter lot deep of land along the stretch of Buayan River. 6.4 Barangay Buayan 6.4.1 General Residential Zone (GRZ)

GRZ-1 An area identified as Lot Nos. 89 and 90. GRZ-2 An area bounded on the north by Lot No. 106, 107, 108, 211, on the east by Buayan River, on the south by Agricultural Zone (aquaculture) and on the west by Barangay Baluan which is traversed by the Civil Aeronautics Administration land (Formerly Buayan Airport).

6.4.2 Regional Commercial Zone (RCZ) RCZ-1 A 50-meter lot deep of commercial land along both sides of Lagao-Buayan Road.

6.4.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 132, Pls-423, Lot Nos. 4 and 83 (within Buayan Townsite). InZ-2 An area identified as the Civil Aeronautics Administration formerly Buayan Airport, bounded on the north by Lagao-Buayan Road, on the east by GRZ-2, on the south




by Agricultural Zone (aquaculture)/ Sarangani Bay and on the west by Buayan Barangay Site.

6.4.4 Agro-industrial Zone (AIZ) AIZ-1 An area covering Lot Nos. 93, 94, 95 and 222. 6.4.5 Parks and Recreation Zone(PRZ) PRZ-1 An area covering Lot Nos. 1 and 3 (within Buayan Townsite). 6.4.6 Agricultural Zone (AGZ)

AGZ-1 An area bounded on the north by Barangay Ligaya, on the east by the Buayan River, on the south by GRZ-2 and on the west by Barangay Baluan. AGZ-2 Aquaculture An area bounded on the north by GRZ-2, on the east by PTZ-1, on the south by Coastal Zone and on the west by Barangay Baluan.

6.4.7 Protection Forest (PTZ) PTZ-1 A 10-m lot deep of land along the stretch of Buayan River. 6.5 Barangay Bula 6.5.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by Barangay Lagao, on the east by Lot No. 1924 (industrial lot) and on the south and west by a 1-lot deep of commercial area. GRZ-2 An area bounded on the north by Barangay Lagao, on the east by 1-lot deep of commercial land (along Bula-Lagao Road), on the south by a 1-lot deep of commercial area and on the west by Lot No. 1924. GRZ-3 An area bounded on the north by Barangay Lagao, on the east by Barangay Baluan, on the south by 1-lot deep of commercial land and on the west by a 1-lot deep of commercial area (along Bula-Lagao Road). GRZ-4 An area bounded on the north by a 1-lot deep of commercial area, on the east by Barangay Baluan, on the south by Coastal Zone (Sarangani Bay) and on the west by parcels of commercial land.(Lot 2,SGS-180-D).

6.5.2 Local Commercial Zone (LCZ)

LCZ-1 A 1-lot deep of commercial area along Santiago Blvd. and on both sides of P. Acharon Blvd. Extension up to Bula-Lagao Road. RCZ-1 A 1-lot deep of commercial land along both sides of Lagao-Bula Road.




RCZ-2 A 1-lot deep of commercial area along both sides of P. Acharon Blvd. Extension from Bula-Lagao Road up to boundary of Barangay Bula .

6.5.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 161, Ts-11-000013-D, Lot No. 943-B-1-B and the Barangay Site.

6.5.4 Parks and Recreation Zone (PRZ) PRZ–1 An area identified as Lot No. 6002-A (Old Cemetery Site). 6.5.5 Heavy Industrial Zone (HIZ)

HIZ-1 An area covering Lot No. 1924 (Coca-Cola Bottling Corporation).

6.5.6 Agricultural Zone (AgZ)-Aqua culture AgZ-1 An area bounded on the north by GRZ-4, on the east by Barangay Baluan, on the south

by Coastal Zone (Sarangani Bay), and on the west by GRZ-4. 6.6 Barangay Calumpang 6.6.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by Makar River, on the east by a 100-meter deep of commercial area along Makar-Siguel Road and on the south west by Barangay Fatima, Lot 1 and FLGLA No. 504.

6.6.2 Socialized Housing Zone (SHZ) SHZ-1 A trapezoidal shape of land bounded on the north by Makar River, on the east by GRZ-1, on the south by Public Cemetery and on the west by Barangay Fatima.

6.6.3 Regional Commercial Zone (RCZ) RCZ-1 A 100 meter-deep of commercial land along the western side of Makar-Siguel Road. RCZ-2 A 100m lot deep of commercial strip along both sides of Fatima Road.

6.6.4 Institutional Zone (InZ) InZ-1 An area identified as Romana Acharon Elementary School, Cahilsot Elementary School and the Gen. Santos City High School, bounded on the north, south, east and west by residential zone.

6.6.5 Special Use Zone (SUZ) SUZ-1 A lot identified as the city’s public cemetery bounded on the north, east and south by residential areas and on the south-west by Lot 1.




6.6.6 General Industrial Zone (GIZ)

GIZ-1 An area bounded on the north by Makar River, on the east by Coastal Zone (Sarangani Bay), on the south by Barangay Tambler and on the west by Makar-Siguel Road.

6.7 Barangay City Heights 6.7.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by Yumang Street, on the east by a 1-lot deep of commercial area (along Leon Llido Street), on the south by 1-lot deep of commercial area (along National Highway) and on the west by Protection Forest (Silway River) which is traversed by Aparente Street (LCZ-3).

6.7.2 Local Commercial Zone (LCZ) LCZ -1 A one-lot deep of commercial area on both sides of Leon Llido Street up to crossing

Tiongson Street. LCZ-2 A one-lot deep of commercial area along both sides of the National Highway. LCZ-3 A one-lot deep of commercial area along both sides of Aparente Street, bounded on the

north by Yumang Street and on the south by the National Highway. 6.7.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 908-B-G-M, Blk. 10 (LRC) Pcs-7304, 890-B-5-A, 887-B-1 and

888-A. 6.7.4 Protection Forest (PTF) PTF-1 A 10-m lot deep of land along the stretch of Silway River. 6.8 Barangay Conel 6.8.1 General Residential Zone (GRZ)

GRZ-1 An area covering Lot Nos. 6201, 1038, 1037, 1033, 1034, 1032, 1125, existing barangay site, F-116303-000067-D, 3-Ccs-11-000638-D, Ccs-11-000638-D

6.8.2 Institutional Zone (InZ) InZ-1 An area covering Lot No. 14 and within F-116303-000067-D. 6.8.3 Agro-industrial Zone (AIZ) AiZ-1 An area covering Lot Nos. 989, 990 and 991.




6.8.4 Agricultural Zone (AGZ) AGZ-1 An area located in Barangay Conel, bounded on the north by production forest, on the east by Barangay Olympog and Katangawan, on the south by Barangay San Isidro (circumferential road), and on the west by Barangay Mabuhay. AGZ-2 (Livestock) An area bounded on the north and south by Production Forest, on the east by Protection Forest and on the west by Barangay Mabuhay.

6.8.5 Protection Forest (PTF)

PTF-1 An area bounded on the north by Municipality of Malungon, on the east by Production Forest –1, on the south by Agricultural Zone and on the west by Production Forest 2.

6.8.6 Production Forest (PDF) PDF-1 An area bounded on the north by Municipality of Malungon, on the east by Barangay Olympog, on the south by Agricultural Zone and on the west by Protection Forest (PTF-1). PDF-2 An area bounded on the north by Municipality of Malungon, on the east by Protection Forest (PTF-1), on the south by AGZ-1 and on the west by Barangay Mabuhay.

6.8.7 Eco-tourism Zone (ETZ)

An area particularly described as Claja Cave situated at the mouth of Claja River surrounded by the Protection and Production Forest Zone.

6.9 Barangay Dadiangas East 6.9.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by Rambutan Street, on the east by Ilang-ilang Street, on

the south by a commercial strip of land along Laurel Avenue and on the west by another commercial strip of land along Roxas Avenue.

GRZ-2 An area bounded on the north, east, south and west by a commercial strip of land

along Laurel Avenue, Quirino Avenue, Lapu-lapu Street and Roxas Avenue. GRZ-3 An area bounded on the north, east, south and west by another commercial strip of land

along Laurel Avenue, Ilang-ilang Street, Lapu-lapu Street and Quirino Avenue. 6.9.2 Local Commercial Zone (LCZ) LCZ-1 A one-lot deep of commercial land along Roxas Ave., National Highway, Santiago Blvd.

and on both sides of Laurel and Quirino Ave. LCZ-2 A block of commercial land bounded on the north by Lapu-lapu St., on the east by

Waling-waling Street, on the south by Osmeña Ave., and on the west by Roxas Ave.




6.9.3 Institutional Zone (InZ) InZ-1 An area covering Lot No. 4928 (Dadiangas East Elem. School) and another area

identified as the City Government Center (Lot No. 5758). 6.9.4 Parks and Recreation Zone(PRZ)

PRZ-1 An area known as Oval Plaza and Carlos Garcia Park.

6.10 Barangay Dadiangas North 6.10.1 General Residential Zone (GRZ) GRZ-1 An area bounded on the north by Durian Street, on the east by a 1-lot deep of

commercial area along Pendatun Avenue, on the south by another one-lot deep of commercial area along Laurel Avenue and on the west by another one-lot deep of commercial strip along Bulaong Avenue.

GRZ-2 An area bounded on the north by a one-lot deep of commercial strip along the National

Highway, on the east by another commercial land and on the south-west by Eco-tourism Zone (Tree Park along Silway River).

GRZ-3 An area bounded on the north by a lot-deep of commercial strip of land along Laurel

Ave., on the east, south and west by another strip of commercial land along the streets of Pendatun Avenue, Daproza Avenue and Bulaong Ave. which is traversed by a one lot-deep of commercial land on both sides of Quezon Avenue.

6.10.2 Local Commercial Zone (LCZ) LCZ-1 A one-lot deep of commercial land along both side of the streets of Laurel Avenue,

Quezon Avenue, Bulaong Avenue, Daproza Street and along Pendatun Avenue and the National Highway.

LCZ-2 An area covering Lot No. 6243-A (DBP). 6.10.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 5748 A and B, 6242-A, B and C, Psd-11-025893 and 7041 –

A and B, Csd-11-002205-D. 6.10.4 Infrastructure and Utilities Zone (IUZ) IUZ-1 An area covering Lot No. 12-A and B, Psd-11-016414 (Bulaong Terminal). 6.10.5 Eco-tourism Zone (ETZ)

ETZ-1 An area along the stretch of Silway River to be developed for eco-tourism purposes.





PTF-1 A 10-m lot deep of land along the stretch of Silway River. 6.11 Barangay Dadiangas South 6.11.1 General Residential Zone (GRZ) GRZ-1 An area bounded on the north and east by a one lot deep of commercial area along

Osmeña Street and Quirino Avenue, on the south by Nuestra Sra. De la Paz Street and Niyog Street and on the west by Biateles Street and another commercial and institutional parcels of land.

GRZ-2 An area bounded on the north by a one lot deep of commercial land along Osmeña and

Lapu-lapu Street, on the east by another one-lot deep of commercial land along Ilang-ilang Street, on the south by another commercial land along Magsaysay Avenue and on the west by another one-lot deep of commercial land along Quirino Avenue.

6.11.2 Local Commercial Zone (LCZ) LCZ-1 A block of commercial lands bounded on the north by Magsaysay Avenue, on the east

by Santiago Blvd., on the south by P. Acharon Blvd. and on the west by Pioneer Avenue.

LCZ-2 A block of commercial land bounded on the north by Roxas Avenue, on the northeast by

an institutional zone (Lot No. 4025) and GRZ-1, on the east by another institutional zone particularly described as Ireneo Santiago High School, on the south by Magsaysay Avenue and on the west by Pioneer Avenue.

LCZ-3 One lot deep of commercial lots along Marang Street, Osmeña Avenue, Lapu-lapu

Street, Quirino Avenue and Santiago Blvd. LCZ-4 One lot deep of commercial lots in the northern portion of Magsaysay Avenue. LCZ-5 A block of commercial lands bounded on the north by P. Acharon Blvd., on the east by

Parks and Recreation Zone, on the south by eco-tourism zone and on the west by barangay boundary of Barangay Dadiangas West.

6.11.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 4012 A South Elem. School & B (Ireneo Santiago Elem.

School) and 4025 (Roman Catholic Church and Notre Dame for Girls Site). InZ-2 A rectangular shape of land within Magsaysay Park utilized as Barangay Site of

Barangay Dadiangas South. 6.11.4 Parks and Recreation PRZ-1 An area covering Lot Nos. Y-1-A, Y-1-B and Lot X, Mr-1660-D (Magsaysay Park). 6.11.5 Eco-tourism Zone (ETZ)




ETZ –1 An area along the coastline of Sarangani Bay, bounded on the north by PRZ-1, LCZ-5.

6.12 Barangay West 6.12.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north, east and south by a one-lot deep of commercial area (National Highway, Quezon-Magsaysay Avenue, Atis Street and P. Acharon Blvd. Extension) and on the west by eco-tourism zone and tree park along Silway River Bank. GRZ-2 An area bounded on the north by a one-lot deep of commercial area along P. Acharon Blvd. Extension, on the east by Eco-tourism Zone (GSC Park), on the south and west by Eco-tourism Zone and Sarangani Bay and Silway River respectively.

6.12.2 Local Commercial Zone (LCZ) LCZ-1 An area bounded on the north by Daproza Street, on the east by Pendatun Avenue

and Pioneer Avenue, on the south by eco-tourism zone and on the west by Quezon Avenue and Atis Street Extension.

LCZ-2 A one-lot deep of commercial strip along Daproza Street, Quezon Avenue and on the

both sides of P. Acharon Blvd. Extension. 6.12.3 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 5741 to 5746, 4392 A and B, Lot 1, 2 and 3 IR-1007. 6.12.4 Parks and Recreation Zone(PRZ) PRZ-1 An area identified as General Santos City (GSC) Park (Proposed Marina). 6.12.5 Eco-tourism Zone (ETZ)

ETZ-1 An area bounded on the north by GRZ-2 and LCZ-2, on the east by Barangay Dadiangas South, on the south by Sarangani Bay and on the west by Eco-tourism Zone (Silway River).

6.12.6 Protection Forest (PTF) PTF-1 A 10-m lot deep of land along the stretch of Silway River. 6.13 Barangay Fatima 6.13.1 Socialized Housing Zone (SHZ)

SHZ-1 An area bounded on the north by Makar River, on the east by Barangay Calumpang and Tambler, on the south by FLGLA No. 618 and on the west by GSC International Airport.




6.13.2 Regional Commercial Zone (RCZ)

RCZ-1 A one-lot deep of land along the stretch of Fil-Am Friendship Highway within Lot 1.

6.13.3 Institutional Zone (InZ) InZ-1 An area covering Lot No. 2 (Mindanao State University) of Proclamation No. 887 and lots identified for school purposes within the subdivision plan of Lot 1 of the same proclamation.

6.13.4 Infrastructure and Utilities Zone (IUZ) IUZ-1 An area identified as the GSC International Airport bounded on the north by SHZ-1 and Makar River, on the east by Lot 4 & FLGLA No. 618, on the west by the proposed Ecozone area and on the south by Banwalan Creek.

6.13.5 Parks and Recreation (PRZ) PRZ-1 Pockets of land within the subdivision of Lot 1 and 3 identified for parks and recreation purposes.

6.13.6 Ecozone (EZ) EZ-1 An area bounded on the north by Makar River, on the east by GSC International Airport, on the south by Banwalan Creek and on the west by Production Forest.

6.13.7 Special Use (SUZ) SUZ-1 A trapezoidal shaped land utilized as public cemetery (portion only) bounded on the north and east by Barangay Calumpang, on the south and west by SHZ-1.

6.13.8 Production Forest (PDF) PDF-1 An area bounded on the north by Makar River, on the east by the Ecozone, on the south by Banwalan Creek and on the west by Barangay San Jose.

6.13.9 Agricultural Zone (AGZ) AGZ-1 An area bounded on the northeast and on the east by Production Forest, on the south by Banwalan Creek and on the west by Barangay San Jose.

6.13.10 Protection Forest (PTF) PTF-1 A 10-m lot deep of land along the stretch of Makar River and Banwalan Creek.

6.14 Barangay Katangawan 6.14.1 General Residential Zone (GRZ)




GRZ-1 An area bounded on the north by Lot Nos. 1070, 1071, 1072, 1073, 891, 240, 231, on the east by Baluan Creek, on the south by Lot Nos. 2038, 1048, 1263 and on the west by Lot Nos. 1044, 1050, 1053, 1056. GRZ-2 An area covering Lot Nos. 1040, 2191 and 2219. GRZ-3 An area bounded on the north by the circumferential road, on the east by the National Highway going to Davao, on the south by Barangay Lagao and west by Barangay San Isidro.

6.14.2 Commercial Zone (RCZ) RCZ - 1 A 50m lot-deep of commercial land along both sides of Digos-Makar Road.

6.14.3 Institutional Areas (InZ) InZ-1 An area covering Lot Nos. 1048 and 1046. 6.14.4 Agro-industrial Zone (AiZ)

AiZ-1 An area covering Lot Nos. 275, 279, 247, 1073, 891and 240.

6.14.5 Agricultural Zone (AGZ) AGZ-1 An area bounded on the north by Barangays Conel and Tinagakan, on the east by Buayan River and Barangay Ligaya, on the south by Barangay Lagao and on the west by Barangay Conel.

6.15 Barangay Labangal 6.15.1 General Residential Zone (GRZ)

GRZ-1 An area identified as Doña Soledad Subdivision GRZ-2 An area bounded on the north by a 350-meter strip of industrial area, on the east by Protection Forest, on the south by Labangal Road and on the west by a one lot-deep of commercial land along Makar-Kiamba Road. GRZ-3 An area bounded on the north and north-west by the Regional Industrial Center, on the east by Agro-industrial Zone, on the south by Protection Forest. GRZ-4 A triangular shaped land bounded on the north by Regional Industrial Center, on the east by 100-m commercial zone, on the south west by Protection Forest (Silway River).

6.15.2 Regional Commercial Zone (RCZ) RCZ - 1 A 100m lot deep of commercial land along both sides of Makar- Kiamba Road. 6.15.3 Institutional Zone (InZ)




InZ-1 An area covering Lot Nos. E-3, Psd-28341 (Holy Trinity College), E-13, Psd-28341 (Mindanao Polytechnic College), G-G-C-8-C and G-G-2-8-B, Lot No. 2-G-2, Psd-141674 Amd. 2 and Lot MR-11-000017.

6.15.4 Light Industrial Zone (LIZ) LIZ-1 A 350-meter deep of industrial land bounded on the north by the National Highway, on

the east by Silway River, on the south by GRZ-2 and on the west by the National Highway.

LIZ-2 An area bounded on the north by Labangal Road, on the east by Silway River, on the

south by Infrastructure Utilities Zone (Proposed Makar Wharf Expansion) and on the west by C-2-1

. 6.15.5 General Industrial Zone (GIZ) GIZ-1 An area bounded on the northwest by GRZ-3, on the east by a commercial strip of land

and IUZ-1 (Makar Wharf) and on the south by Makar River. 6.15.6 Eco-tourism Zone (ETZ) ETZ-1 An area surrounded by the regional industrial center and on the northwest portion by an

institutional area. 6.15.7 Infrastructure and Utilities Zone (IUZ) IUZ-1 An area designated as the Makar Wharf 6.15.8 Regional Industrial Center (RIC) RIC-1 An area bounded on the northwest by Barangay Apopong, on the northeast by a 100-m

lot deep of commercial area along Makar-Kiamba Road, on the south by Makar River and on the southwest by Barangay Apopong.

6.15.8 Agro-industrial Zone (AIZ) AIZ-1 An area bounded on the north by C-2-1, on the east and south by Makar-Kiamba Road

and on the west by GRZ-3. 6.16 Barangay Lagao 6.16.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by the proposed diversion road (Barangay Katangawan), on the east by Baluan-Lagao Road, on the south by Barangay Bula and on the west by Barangays San Isidro and City Heights which is traversed by a strip of commercial land.

6.16.2 Socialized Housing Zone (SHZ)




SHZ-1 An area identified as Lot No. 16-B-4-B, Psd-11-032967.

6.16.3 Local Commercial Zone (LCZ) LCZ-1 A one-lot deep of commercial strip along both sides of J. Catolico Avenue towards Lagao-Digos Road and Lagao-Buayan Road. LCZ-2 An area covering Lot Nos. 1338, 1339, 1340, 1341, 1342, 1339, 1346, 1345, 1344 and 1353. LCZ-3 A one lot-deep of commercial area along both sides of Bula-Lagao Road and Leon Llido Street. 6.16.4 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 322, 1328, 4000-C, 9041-A, 1622, 1333, 941 and 1338-A-2-B.

6.16.5 Parks and Recreation Zone (PRZ) PRZ-1 A triangular shaped land along the junction of Lagao-Buayan Road and Lagao-Digos Road.

6.17 Barangay Ligaya 6.17.1 General Residential Zone (GRZ)

GRZ-1 An area, which is the barrio site of Barangay Ligaya (Lot No. 2204), lot Nos. 1683, 6285, 238 and 234. GRZ-2 A rectangular shape of land bounded on the north and west by Barangay Lagao, on the east by AGZ-1 and on the south by Barangay Baluan.

6.17.2 Regional Commercial Zone (RCZ) RCZ-1 A 50-m lot deep of commercial land along the stretch of Lagao-Digos Road. 6.17.3 Agro-industrial Zone (AIZ)

AIZ-1 An area covering Lot Nos. 243, 245 and 246. 6.17.4 Agricultural Zone (AGZ) AGZ-1 An area bounded on the north by Barangay Katangawan, on the east by Buayan River,

on the south by Barangay Baluan and on the west by Barangay Lagao and Katangawan.


PTF-1 A 10-m lot deep of land along the stretch of Buayan River and Baluan Creek.




6.18 Barangay Mabuhay 6.18.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by Lot Nos. 963, 703, 702, 706, 707, 708, 709, 710, 711, 712and 713, on the east by Mabuhay-Klinan Road, on the south by Barangay San Isidro, on the east by Silway River.

6.18.2 Socialized Housing Zone (SHZ) SHZ-1 An area bounded on the north and west by the proposed circumferential road, on the

east by Mabuhay-Klinan Road and on the south by Barangay San Isidro. 6.18.3 Agro-industrial Zone (AIZ) AIZ-1 An area covering Lot Nos. 810 and 811. 6.18.4 Infrastructure and Utilities Zone (IUZ) IUZ-1 An area covering Lot Nos. 1007 and 1008. 6.18.5 Agricultural Zone (AGZ)

AGZ-1 An area bounded on the north by Production Forest, on the east by Barangay Conel, on the south by GRZ-1 and on the west by Silway River. AGZ-2 (Livestock Area) An area bounded on the north and west by Municipality of Polomolok, on the east by Brgy. Conel and on the south by PDF-1. AGZ-3 (Livestock Area) An area bounded on the north and east by PDF-1 and south and west by AGZ-1.

6.18.6 Production Forest (PDF)

PDF–1 An area bounded on the north by AGZ-2, on the east by Barangay Conel, on the south by AGZ-1 and on the west by Municipality of Polomolok.

6.18.7 Protection Forest (PTF) PTF-1 A 10-m lot deep of land along the stretch of Silway River. 6.19 Barangay Olympog 6.19.1 General Residential Zone (GRZ)

GRZ-1 An area designated as barrio site of Barangay Olympog, Lot Nos. 527, 821, 820, 728, 729, 21,752, 753, 755, 756, 757, 758, 628 and 630.

6.19.2 Socialized Housing Zone (SHZ)




SHZ-1 An area identified as Lot Nos. 732, Pls-553 dubbed as the Lingap para sa Mahirap site.

6.19.3 Agro-Industrial Zone (AIZ) AIZ-1 An area covering Lot Nos. 743 and 744. 6.19.4 Agricultural Zone (AGZ)

AGZ-1 An area located in Barangay Olympog, bounded on the north by a production forest, on the east by Barangay Tinagacan, on the south and west by Barangay Conel. AGZ-2 (Livestock Area) An area identified as FLGLA No. 288.

6.19.5 Production Forest (PDF) PDF-1 An area bounded on the north by Municipality of Malungon, on the east by Barangay Upper Labay, on the south by AGR-1 and on the west by Barangay Conel.

6.20 Barangay San Isidro 6.20.1 General Residential Zone (GRZ)

GRZ-1 An area bounded on the north by Proposed Circumferential Road, on the east by Nopol Road, on the south by Yumang Street and on the west by Protection Forest (Silway River) and Barangay Mabuhay.

6.20.2 Socialized Housing Zone (SHZ) SHZ-1 An area identified as Lot No. 789. 6.20.3 Local Commercial Zone (LCZ)

LCZ-1 A one-lot deep of commercial strip bounded on the north by Guinto Street and on the south by Yumang Street.

6.20.4 Institutional Zone (InZ) InZ-1 An area covering Lot Nos. 863-B-8-E and D. 6.20.5 Light Industrial Zone (LIZ) LIZ-1 An area covering Lot Nos. 927, 928, 929. 6.20.6 Protection Forest (PTF) PTF-1 A 10-m lot deep of land along the stretch of Silway River.




6.21 Barangay San Jose 6.21.1 General Residential Zone (GRZ) GRZ-1 An area designated as the barrio site of Barangay San Jose bounded on the north,

south and east by an agricultural zone and on the west by an agro-industrial zone. 6.21.2 Agro-Industrial Zone (AIZ)

AIZ-1 An area bounded on the north by Makar River, on the east by the Barangay Site of Brgy. San Jose, on the south by Makar Creek and on the west by Agricultural Zone.

6.21.3 Agricultural Zone (AGZ) AGZ-1 An area located in Barangay San Jose, bounded on the north by Molok Creek, on the

south by a Banwalan Creek, on the east by the barangay boundary, and on the west by production forest.

6.21.4 Open Grass Land/Pastureland (OGL) OGL-1 An area identified as Project 47-C-2. 6.21.5 Production Forest (PDF)

PDF-1 An area bounded on the north by Brgy. Sinawal, on the east by Agricultural Zone, on the south by OGL/Pastureland and Banwalan Creek and on the west by Municipality of T’boli and Maasim.

6.21.6 Ecozone (EZ) EZ-1 A triangular shaped land bounded on the north and east by Barangay Fatima, on the south by Protection Forest and on the west by agricultural zone.

6.21.7 Protection Forest (PTF) PTF-1 A 10-m strip of land along the stretch Makar River and Banwalan Creek. 6.22 Barangay Siguel 6.22.1 General Residential Zone (GRZ) GRZ-1 An area designated as the barrio site of Barangay Siguel, bounded on the north by

London Creek, on the east by the National Highway (Makar-Siguel Road) on the south by Bawing Creek and on the west an open grass land (OGL) / pasture land.

6.22.4 Socialized Housing Zone (SHZ) SHZ-1 An area identified as B’laan Village and Lot 11.




SHZ-2 An area bounded on the north by Bawing Creek and on the east, south and west by OGL/Pastureland.

6.22.5 Institutional Zone (InZ) InZ-1 An area bounded on the north by London Creek, on the east and south by the Coastal

Zone and on the west by Makar-Siguel Road. 6.22.6 Medium Industrial Zone (MIZ)

MIZ-1 An area bounded on the north by Barangay Tambler, on the east by Sarangani Bay, on the south by Balnubo Creek and on the west by Makar-Siguel Road.

6.22.7 Coastal Zone (CZ) CZ-1 An area bounded on the north by Balnubo Creek, on the east by Sarangani Bay, on the south by Siguel River and on the west by Makar-Siguel Road.

6.22.8 Open Grass Land/Pastureland (OGL) OGL-1 An area bounded on the north by Balnubo Creek, on the east by Makar-Siguel Road, on

the south by Siguel River and on the west by Municipality of Maasim. 6.22.9 Special Use Zone (SUZ) SUZ-1 A trapezoidal shape of land bounded on the north, east, south and west by an open

grassland/pastureland utilized by the city as a controlled dumping site. 6.22.10 Protection Forest (PTF)

PTF-1 A 10-m strip along the stretch of Balnubo Creek, London Creek, Bawing Creek and Siguel River.

6.23 Barangay Sinawal

6.23.1 General Residential Zone (GRZ)

GRZ-1 An area designated as the barrio site of Barangay Sinawal bounded on the north by open grassland (OGL) / pasture land, on the east by an agricultural land,on the south by Antamosing Creek, and on the west by Municipality of T’boli .

GRZ-2 An area bounded on the north by Sinawal Road, on the east by a one-lot deep of

commercial area along Makar-Tupi Road, on the south by Marcos Avenue and on the west by Antamosing Creek.

6.23.2 Socialized Housing Zone (SHZ) SHZ-1 A trapezoidal shape of land bounded on the north and east by an agricultural zone, on

the south by Antamosing Creek and Residential zone and on the west by OGL/pastureland.




6.23.3 Institutional Zone (InZ) • • InZ-1 An area within the barangay site of Barangay Sinawal, bounded on the north and

east by GRZ-1, on the south by Antamosing Creek and on the west by Municipality of T’boli.

• 6.23.4 Regional Commercial Zone (RCZ) • • RCZ-1 A 100 m lot deep of commercial area along the western side of the

Makar-Tupi Road. 6.23.5 Agro-industrial Zone (AIZ) • AIZ-1 An area bounded on the north by Municipality of Polomolok, on the east by a

one-lot deep of commercial area, on the south east by Lot Nos. 130, 131, 132 and on the south west by Lot Nos. 209, 210, 157, 156, 149, 146 and 141.

• 6.23.6 Infrastructure and Utilities Zone (IUZ)

• • IUZ-1 Areas identified as Lot Nos. 63, 64 and 65 all of Pls-356 for the Proposed

Integrated Transport Terminal Commercial Complex. • 6.23.7 Agricultural Zone (AGZ) • • AGZ-1 An area bounded on the north by AIZ-1, on the south-east by Sinawal Road, on

the west by Agricultural-Livestock Zone and OGL/Pastureland. • • AGZ-2 An area bounded on the north by OGL-1, on the east by PSLA No. 1024 and

FLGLA no. 552, on the south by Sinawal Creek and on the west by Municipality of T’boli.

• • AGZ-3 (Livestock) A trapezoidal shaped land, bounded on the north by Silway River,

on the east by AGZ-1, on the south and west by OGL-1. • 6.23.8 Special Use Zone (SUZ) • • SUZ-1 An area bounded on the north, east, west and south by FLGLA No. 552. • 6.23.9 Eco-tourism Zone (ETZ) • • ETZ-1 A trapezoidal shape of land bounded on the north and northwest by the

circumferential road and on the southeast by Barangay Apopong. 6.23.10 Ecozone (EZ) • • EZ-1 An area bounded on the north by Sinawal River, on the east by Eco-tourism

Zone, on the south by Barangay Apopong and on the west by FLGLA No. 103. • 6.23.11 Open Grass Land/Pastureland (OGL)




• • OGL-1 An area covering FLGLA Nos. 552, 103 and 534 and PSLA No. 1024. • 6.23.12 Production Forest (PDF) • • PDF-1 An area bounded on the north by Municipality of Polomolok, on the east and

south by OGL-1 and on the west by Municipality of T’boli. • 6.23.13 Protection Forest (PTF)

• • PTF-1 A 10-m strip of land along the stretch of Silway River, Antamosing Creek and

Sinawal River. • 6.24 Barangay Tambler 6.24.1 General Residential Zone (GRZ)

GRZ-1 An area which is the barrio site of Barangay Tambler, bounded on the north by Barangays Calumpang and Fatima, on the east by the Friendship Highway (Makar-Siguel Road) on the south by the proposed circumferential road and on the west by Lot 2 and 3 and SHZ-1.

6.24.2 Socialized Housing Zone (SHZ) SHZ-1 A trapezoidal shape of land bounded on the north by Barangay Fatima, on the east by GRZ-1, on the south by the proposed circumferential road and on the west by GSC Airport.

6.24.3 Regional Commercial Zone (RCZ) RCZ-1 A 100 meter strip of commercial land along the western side of the Makar-Siguel Road.

6.24.4 General Industrial Zone (GIZ)

GIZ-1 An area bounded on the north by Barangay Calumpang, on the east by Sarangani Bay, on the south by Balnubo Creek and on the west by Makar-Siguel Road.

6.24.5 Ecozone (EZ) EZ-1 An area bounded on the north by GRZ-1 and SHZ-1, on the east by Makar-Siguel Road, on the south by Balnubo Creek and on the west by OGL/Pastureland and GSC Airport.

6.24.6 Agricultural Zone (AGZ) AGZ-1 An area identified as FLGLA No. 85. 6.24.7 Production Forest (PDF)




PDF-1 An area bounded on the north by Banwalan Creek, on the east by FLGLA No. 85, on the south by Balnubo Creek and on the west by FLGLA No. 386.

6.24.8 Open Grass Land/Pastureland (OGL) OGL-1 An area identified as FLGLA No. 386. OGL-2 An area bounded on the north by Balnubo Creek and on the south by Barangay

Siguel. OGL-3 An area bounded on the north by Banwalan Creek, on the east by Ecozone, on the

south by Balnubo Creek and on the west by FLGLA No. 85. 6.24.9 Protection Forest (PTF)

PTF-1 A 10-m strip of land along the stretch of Banwalan and Balnubo Creek. 6.25 Barangay Tinagacan 6.25.1 General Residential Zone (GRZ)

GRZ-1 An area designated as barrio site of Barangay Tinagacan, covering Lot Nos. 173, 174, 177, 178, 179, 186, 187, 188, 192, 193, 194, 198 , 199, 462 and 210.

6.25.2 Socialized Housing Zone (SHZ) SHZ-1 A rectangular shaped land on the southern portion of Lot 186. 6.25.3 Regional Commercial Zone (RCZ)

RCZ-1 A 50-m strip of commercial land along the National Highway fronting Lot Nos. 174 and 173.

6.25.4 Institutional Zone (InZ) InZ-1 An area identified as Lot Nos. 175 and 176. 6.25.5 Agro-industrial Zone (AIZ) AIZ-1 Areas identified as Lot Nos. 172, 922, 923, 920 921, and 828. 6.25.6 Eco-tourism Zone (ETZ) ETZ-1 Areas identified as Lot Nos. 166, 167, 168, 169, 170 and 171. 6.25.7 Special Use Zone (SUZ)

SUZ-1 An area on the northern portion of Lot 175, as Barangay Public Cemetery Site.

6.25.8 Agricultural Zone (AGZ)




AGZ-1 An area bounded on the north by Barangay Upper Labay, on the east by Barangay Batomelong and the National Highway, on the south by Barangay Katangawan and on the west by Barangays Conel and Olympog.

6.25.9 Protection Forest (PTF) PTF-1 A 10-m strip of land along the stretch of Buayan and Tinagacan River. 6.26 Barangay Upper Labay 6.26.1 General Residential Zone (GRZ) GRZ-1 An area designated as barrio site of Barangay Upper Labay, bounded on the north,

south, east and west by an agricultural zone and portion of Lot No. 466. 6.26.2 Socialized Housing Zone (SHZ) SHZ-1 A rectangular shape of land bounded on the northeast and north west by agricultural

zone, on the southeast and southwest by residential zone and barangay government site.

6.26.3 Institutional Zone (InZ)

InZ-1 A rectangular shpae of land within the Barangay Site of Upper Labay utilized as school and government site of the barangay.

6.26.4 Agro-Industrial Zone (AIZ) AIZ 1 An area located in Barangay Upper Labay, covering Lot Nos. 399, 401, 402, 403 and 412.

6.26.5 Parks and Recreation Zone (PRZ) PRZ-1 An area within the Production Forest utilized as the Girl Scout and Boy Scout Camp. 6.26.6 Agricultural Zone (AGZ)

AGZ-1 An area bounded on the north by the Municipality of Malungon, on the east by Tinagacan River, on the south by Barangay Tinagacan and on the west by Production Forest.

6.26.7 Production Forest (PDF) PDF-1 An area bounded on the north by the Municipality of Malungon, on the east and south by AGZ-1, on the west by Barangay Olympog.

6.26.8 Protection Forest (PTF) PTF-1 A 10-m strip of land along the stretch of Tinagacan River.




Section 7. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES. The provisions of this Ordinance shall be without prejudice to the application of other laws, Presidential Decrees, letters of instructions and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas, which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of the city.

Section 8. EXISTING NON-CONFORMING USES AND BUILDINGS.

The lawful uses of any building, structure or land at the time of adoption or amendment of this Ordinance may be continued, unless disallowed by the Sangguniang Panlungsod, although such uses do not conform with the provision of this Ordinance, provided that: 1. No such non-conforming use shall be enlarged or extended to occupy a greater area of land

than that already occupied by such use at the time of the adoption of this Ordinance or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exists at the time of the adoption of this Ordinance.

2. No such non-conforming use which has ceased operation for more than one (1) year may be revived as non-conforming use from the time of approval of the Zoning Ordinance.

3. An idle/vacant structure may not be used for non-conforming activity. 4. Any non-conforming structure, or structures under one ownership, which has been damaged

maybe reconstituted and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost.

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

6. No such non-conforming use maybe allowed to displace or replace any conforming use. 7. No such non-conforming structure may be enlarged or altered in a way, which increases its

non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

8. Should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the Zone in which it is moved or relocated.

In addition, the owner of a non-conforming use shall program the phase-out and relocation of the non-conforming use within the prescribed number of years as enumerated herein reckoned from the date of approval of the Sangguniang Panlungsod of this Ordinance: Piggeries/ poultries - 10 years Machine shops - 3 years Night clubs/day clubs - 3 years Rice/corn mills - 3 years Repair shops - 3 years Billiard halls - 1 year Massage parlors - 3 years Foundry/tinsmithry shops - 3 years Lumber yards - 1 year Manufacturing industries - 3 years




Motels - 3 years Depot - 5 years

However, the following non-conforming uses maybe allowed in the area subject to the following provisions/criteria which shall be posted visibly in front of the establishment:

1. Piggeries/poultries - maybe allowed in a non-conforming area, provided that 50% of the

neighborhood or a radial distance of 500 meters from the property is not yet developed and not occupied by human habitation and the owner of the said establishment has to provide a concrete buffer and lagoon or waste water treatment facilities. Further, the following provisions shall likewise be observed:

a. There shall be no expansion/alteration; b. Alterations maybe allowed to decrease non-conformity of the use; c. Waste water treatment facilities shall be provided; d. Use of environmental friendly chemicals to minimize/eliminate odor.

2. Machine shops, foundry/tinsmithry and repair shops - maybe allowed in a non-conforming area subject to the following provisions:

a. Operator must provide their own transformer to abet electrical nuisance; b. Enclose the whole property with concrete fence to a reasonable height to minimize

noise emitted during the course of operation; c. No loading/unloading and parking along the road and city’s road right-of-way; d. Clients should not occupy the road right-of-way during repair and maintenance of

vehicle; e. Operator must provide ample space for clients to park their vehicles within the

property; f. Spraying of paint should not be conducted within the area; g. Operation should start at 8:00 o’clock in the morning and to terminate at 5:00 o’clock in

the afternoon; h. Proper disposal of wastes such as oil and grease, steel etceteras should be strictly

observed; and i. Vehicles that can no longer be repaired should not be allowed to park or placed along

the road right-of-way.

3. Rice/corn mills - maybe allowed in a non-conforming area, provided that the area is fully enclosed by a concrete fence to a height that would help minimize or eliminate pollution emitted in the neighborhood. An environmental clearance must be secured and a permit to operate must be presented. An annual clearance must be secured from the Environmental Management Bureau to ensure that the operation is free from any pollution. Likewise, owner/operator shall see to it that waste generated during/after operation is properly collected and disposed to the city’s landfill.

4. All non-conforming uses shall be subject to monthly monitoring by the zoning

enforcement officer and the inspectorate team of the city to be formed by the City Mayor.

5. Non-compliance to any of the provisions/criteria herein setforth would automatically cancel the permit to operate granted to the establishment.




ARTICLE III ADMINISTRATION AND ENFORCEMENT

Section 9. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT.

This Ordinance shall be enforced and administered by the Office of the City Planning & Development Coordinator through the Zoning Officer who shall be appointed by the Local Chief Executive in accordance with existing rules and regulations on the subject.

Section 10. POWERS AND FUNCTIONS OF A ZONING OFFICER. Pursuant to the provisions of EO 72 implementing RA 7160 in relation to Sec. 5, Paragraph a and d, and Section 7 of Executive Order No. 648 dated 07 February 1981, the Zoning Officer shall perform the following functions, duties and responsibilities:

I. Administration: a. Issue Locational Clearance for projects that are listed as Allowable Uses in a Zone; b. Evaluate, report on, and recommend decisions to the Development Control

Committee (DCC) regarding Consent on Merit (neither allowable nor prohibited) proposals, and allowable uses that fail to meet any standards specified in the Zone or in another Section of this Ordinance;

c. Undertake required referrals and consultations; d. Present the case for the City at appeal hearings; e. Issue Certificate of Non-Conformance for non-conforming projects lawfully

existing at the time of the adoption of the Zoning Ordinance, including Clearances for repairs/renovations on non-conforming uses consistent with the guidelines therefore;

II. Rezoning

Report on proposed or requested amendments to the Zoning Ordinance to the

Sangguniang Panlungsod and subsequently prepare revisions on the Zoning Ordinance and Zoning Map.

Section 11. POWERS AND FUNCTIONS OF A ZONING ENFORCEMENT OFFICER:

Pursuant to Section 7 of Executive Order No. 71 series of 1993, the Zoning Enforcement Officer shall have the following functions:

a. Investigate and enforce compliance with provisions of PD 957, as amended, B.P. 220

and related laws as well as their standards, rules and regulations; b. Issue Notice of Violation to owners/developers who started development without

clearances issued by the Office of the City Planning and Development Coordinator; c. Issue Cease and Desist Order (CDO) for violation of the Zoning Ordinance. Upon receipt

of the CDO, the owner/developer shall within 7 days present its proof of application or secure from the OCPDC the necessary permits needed as stated in the order. If owner/developer refused to answer the CDO, a 2nd notice will again be served and he/she will be given another 7 days to answer the summon/order. If despite the time given and




notices issued, said owner/developer will not answer, a 3rd notice will be served before appropriate charges can be filed by the zoning enforcement officer.

d. Monitor on-going/existing projects within their respective jurisdictions and issue notices of

violation and show cause order to owners, developers, or managers of projects that are violative of Zoning Ordinance and if necessary, pursuant to Sec. 3 of EO 72 and Sec. 2 of EO 71 refer subsequent actions thereon to the Housing and Land Use Regulatory Board (HLURB);

e. Recommend to the Office of the City Mayor appropriate sanctions in the enforcement of

all orders and processes issued in the implementation of this Ordinance; and f. Coordinate with the City Fiscal/Attorney for other legal actions/remedies relative to the

foregoing.

Section 12. RIGHT TO INSPECT PROPERTY AND BUILDINGS. The Zoning Officer and Zoning Enforcement Officer, shall be authorized to enter private property and buildings to inspect for compliance with the provisions of this Ordinance.

Section 13. INSPECTION OF INACCESSIBLE PROPERTY.

Where a property is unable to be accessed due to locks or the like, the owner shall provide access within one week of receiving a notice in writing from the Office of the City Planning & Development Coordinator.

Section 14. VIOLATION AND PENALTY.

Persons, entities who violated any of the provisions of this Ordinance, shall, upon conviction, be meted fines and penalties as provided in Section 19-A-2, schedule of Penalties on page 76 of this Ordinance. In case of violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officers thereof.

Section 15. GENERAL PROCEDURES FOR SECURING PERMITS. Any of the permits cited in this Ordinance may be applied for guided by the procedures given hereunder.

a. The applicant shall properly accomplish the appropriate application or request form in duplicate copies, which shall then be filed with the Office of the City Planning and Development Coordinator;

b. The application or request shall be accompanied by supporting documents to include but not be limited to the following:

1. A complete description of the activity or project for which a permit is being sought with information, such as, nature of operation or use, location, boundaries, size and volume of operation, waste disposal system and others which may be applicable;




2. Vicinity map in a scale of 1:1,000 or other scale acceptable to the OCPDC, and providing such details as may be pertinent or prescribed, including the exact location of the project and other uses within the vicinity;

3. Three sets of site analysis and building plans drawn to scale showing the actual size and locations of existing and proposed buildings and their relationship to the lot boundaries;

4. Payment of fees as prescribed in this Ordinance, and its amendments; and 5. Other reasonable and pertinent requirements to be determined by the OCPDC and

those required under existing national laws and local Ordinances.

Section 16. PROJECTS OF NATIONAL SIGNIFICANCE. Projects may be declared by the NEDA Board as Projects of National Significance pursuant to Section 3 of EO 72. When a project is declared by the NEDA Board as a Project of National Significance, the proponent is required to secure an Environmental Compliance Certificate. DAO-96-37 outlines the scope for projects of national significance. Development plan of the ECOZONE shall be submitted to the Sangguniang Panlungsod for its approval to attain the planning objectives of Section 32 – City wide Planning Objectives.8

Section 17. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). Notwithstanding the issuance of Locational Clearance, no environmentally critical projects nor projects located in environmentally critical areas shall be commenced, developed or operated unless the requirements of ECC have been complied with. Non-compliance shall be treated as a violation in the conditions of the locational clearance (see Annex 1).

Section 18. LOCATIONAL CLEARANCE (LC).

All owners/developers shall secure Locational Clearance (LC) from the Zoning Officer for Allowable Uses, or the Development Control Committee through the Office of the City Planning & Development Coordinator for Consent on Merit proposals, prior to conducting any activity or construction on their property/land. Said clearance is valid for one (1) year only from date of issue.

Section 19. APPLICATION FEES.

The following fees are payable on lodgment of an application, without which the application is deemed to be not lodged. Likewise, if upon evaluation the proposed project is non-conforming or denied, fees are non-refundable: A. Locational Clearance

Type of application/Project Cost Rate (Php) • A.1 Residential •

• 1. P 100,000.00 and below • 100.00 8Section 1 of Ordinance No. 03, Series of 2003.




• 2. P 100,001 to 500,000 • 200.00+1/10 of 1% of building cost • 3. P 500,001.00 to 999,999.00 • 500.00+1/10 of 1% of building cost • 3. P 1,000,000.00 to 4,999,999.00

• 800.00+1/10 of 1% of building cost

• 4. P 5,000,000.00 and above • 1,000.00+1/10 of 1% of building cost • • • A.2 Institutional • • 1. P 100,000.00 and below • 400.00 • 2. P 100,001.00 to 499,999.00 • 400.00+1/10 of 1% of cost in excess

of P100,000.00 • 3. P 500,000.00 to 999,999.00 • 600.00+1/10 of 1% of cost in excess

of P100,000.00 • 4. P 1,000,000.00 and above • 800.00+1/10 of 1% of cost in excess

of P100,000.00 • • • A.3 Commercial this includes apartments, dormitories, boarding houses

•

• 1. P 100,000.00 and below • 500.00 • 2. P 100,001.00 to 999,999.00 • 1,000.00+1/10 of 1% of building cost • 3. P 1,000,000.00 to 4,999,999.00 • 1,500.00+1/10 of 1% of building cost • 4. P 5,000,000.00 and above • 2,000.00+1/10 of 1% of building cost • • • A.4 Industrial • • 1. P 100,000.00 and below • 1,000.00 • 2. P 100,001.00 to 999,999.00 • 2,000.00+1/10 of 1% of building cost • 3. P 1,000,000.00 to 4,999,999.00 • 2,500.00+1/10 of 1% of building cost • 4. P 5,000,000.00 and above • 3,000.00+1/10 of 1% of building cost • • • A.5 Agro-industrial • • 1. P 100,000.00 and below • 800.00 • 2. P 100,001.00 to 999,999.00 • 1,000.00+1/10 of 1% of building cost • 3. P 1,000,000.00 to 4,999,999.00 • 1,500.00+1/10 of 1% of building cost • 4. P 5,000,000.00 and above • 2,000.00+1/10 of 1% of building cost • A.6 Special Uses/Special Projects including Memorial Parks, open shed, garage

•

• 1. P 100,000.00 and below • 400.00 • 2. Over P 100,000.00 • 400.00+1/10 of 1% of building cost • A.7 Signage, Billboards • 200.00/sq.m. • A.8 All government projects/ structures (non-income generating institutions) – to be processed by the contractor

• Exempted

• A.9 Government projects/structures (Income generating institutions) – to be processed and paid by the contractor

• 50% of fees imposed for institutional structures




• A.10 Alteration/Expansion (affected areas / cost of expansion only

• same as original application

B. Subdivision and Condominium Projects B.1 Projects under PD 957 and simple subdivision applications

B.1.1 Preliminary Approval For every hectare or a fraction thereof

200.00

B.1.2 Final Approval Subdivision having a density of 66 and above

families/gross hectare, per hectare or a fraction hereof 600.00

Subdivision having a density of 21 to 65 families/ gross hectare per hectare or a fraction hereof

800.00

Subdivision having a density of 20 and below families / gross hectare, per hectare of a fraction hereof

1, 200.00

Additional fee on floor area of houses / buildings Sold with the lot, per sq.m

5.00

B.1.3 Inspection (per request) 150.00 B.1.4 Alteration of Plans (affected areas only)

same as final approval

B.1.5 Certificate of Completion (per hectare) High density 500.00 Economic Subdivision 750.00 Open Market 1,000.00 B.2 Projects under BP 220 B.2.1 Preliminary approval For every hectare or a fraction thereof 150.00 B.2.2 Final approval (per hectare) 500.00 B.2.3 Inspection (per request) 150.00 B.2.43 Alteration of plan (affected areas only) 200.00 B.2.4 Building permit (per sq. m. of the floor area of housing unit)

5.00

B.2.5 Certificate of Occupancy (per sq.m.of the floor area of housing unit)

3.50




B.3 Approval of Industrial Subdivision

B.3.1 Preliminary Approval and locational clearance For every hectare or a fraction thereof 500.00 B.3.2 Final approval (per hectare) 2,000.00 B.3.3 Inspection (per request) 500.00 B.3.4 Alteration of plan (affected areas only) same as final

approval B.4 Approval of Commercial Subdivision

B.4.1 Preliminary approval and locational clearance For every hectare or a fraction thereof 500.00 B.4.2 Final approval (per hectare) 7,000.00 B.4.3 Inspection (per request) 500.00 B.4.4 Alteration of plan (affected areas only) same as final

approval B.5 Approval of Farmlot B.5.1 Preliminary approval and locational clearance For every hectare or a fraction thereof 500.00 B.5.2 Final approval (per hectare) 1,500.00 B.5.3 Inspection (per request) 300.00 B.5.4 Alteration of plan (affected areas only) 500.00 B.6 Approval of Memorial Park Project B.6.1 Preliminary approval and locational clearance For every hectare or a fraction thereof 1,000.00 B.6.2 Final approval (per sq. m. of saleable lots) 2.00 B.6.3 Inspection (per request) 200.00 B.6.4 Alteration of Plan (affected areas only) same as final

approval C. Other Transactions

Zoning Certification 75.00 Business Location Clearance 75.00 Section 19. SCHEDULE OF ADMINISTRATIVE FINES AND PENALTIES A. Violation of Locational Clearance/Development Permit




Violation as to use 15,000.00 Violation as to location 15,000.00 Violation as to area 12,000.00 B. Violation of terms and conditions of locational clearance/ development permit Lacking clearance from EMB-DENR 10,000.00 Lacking permit from Dept. of Health (DOH) 10,000.00 Non-compliance with other government requirements 10,000.00 Misrepresentation 8,000.00 Expansion, alteration, improvement, etc. 10,000.00 Violation as to easement/setback 8,000.00 Expiration of Temporary use Permit 10,000.00 C. Violation for constructing without locational clearance 1. For residential structure or detached other than apartments/ Townhouses/ dormitories and subdivision projects:

100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000.00 to 999,999 5% of project cost 1,000,000 and above 3% of project cost 2. For institutional buildings 100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000.00 to 999,999 5% of project cost 1,000,000 and above 3% of project cost 3. For commercial buildings 100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000.00 to 999,999 5% of project cost 1,000,000 and above 3% of project cost 4. For agro-industrial projects 100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000 to 999,999.00 5% of project cost 1,000,000 and above 3% of project cost 5. For industrial projects 100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000 to 999,999.00 5% of project cost 1,000,000.00 and above 3% of project cost




6. Special uses/special projects 100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000 to 999,999.00 5% of project cost 1,000,000 and above 3% of project cost 7. For government projects (to be paid by contractors for constructing without locational clearances

100,000 and below 10% of project cost 100,000 to 499,999.00 7.5% of project cost 500,000 to 999,999.00 5% of project cost 1,000,000 and above 3% of project cost

Section 19.C. Administrative Procedures:

a. For all fees/charges, except for subdivision processing, the client shall lodge an

application to the Office of the City Planning & Development Coordinator through the Land Use and Zoning Administration Division;

b. An order of payment shall be issued by the LUZAD upon ensuring that documentation requirements have been complied by the clients;

c. Upon presentation of the City Treasurer’s official receipt of payment, the LUZAD shall begin processing the required services paid for;

d. For subdivision processing, application shall be submitted to the SP, which shall forward the same to CPDO. From thereon, procedures b to c shall be followed.

Section 20. BUILDING PERMIT.

No building permit shall be issued by the Local Building Official without a valid Locational

Clearance.

Section 21. NON-USE OF LOCATIONAL CLEARANCE. Upon issuance of a Locational Clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by such Clearance on his property. Non-use of said Clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without applying for a new Clearance.

Section 22. COMMUNITY CONSULTATION. An application for any Consent on Merit proposal within any Zone hereof shall require the applicant to involve the community as follows:

A. For Type 1 (Minor Variation to Zoning Provisions): 1. Notify:

a. all land owners and tenants abutting the site in writing; b. the barangay captain;




c. the barangay residents through a notice posted on the barangay hall notice board one week before the scheduled meeting;

d. barangays within 200 meters of the site 2. Posting of notice board 1.2m x 0.9m project board on poles 1.2m high

placed on all road frontages to the site describing the proposed project.

B. For Type 2 (Significant Variation to Zoning Provisions); 1. Two notices in local print media one week apart to notify:

a. all land owners and tenants abutting the site in writing; b. all barangay captains; c. all barangay residents through notices on all barangay hall notice

boards d. CDC members

2. A 1.2m x 0.9m project board on poles 1.2m high placed on all road frontages to the site describing the proposed project. A satisfactory proof of posting of a notice(s) on the project site attesting, in essence, to the fact that an application has been filed with the CPDO specifying:

the date of such an application; the nature and expected level of operation of the establishment; the name of the project owner/proponent; his/its exact address and telephone number; and other important information.

Section 23. ACTION ON COMPLAINTS AND OPPOSITIONS.

A complaint for violations of any provision of the Zoning Ordinance or of any Clearance or permits issued pursuant thereto shall be filed with the CPDO. Oppositions to application for Clearance, variance or exception shall be treated as a complaint and dealt with in accordance with pertinent provisions of this Ordinance.

Section 24. FUNCTIONS AND RESPONSIBILITIES OF THE CITY ZONING BOARD OF

ADJUSTMENTS AND APPEALS. There is hereby created a CZBAA, which shall perform the following functions and responsibilities: 1. Act on applications of the following nature:

a. Variances b. Exceptions c. Non-conforming uses

2. Act on appeals on grant or denial of Locational Clearance, by the Zoning Officer or Development Control Committee.

Decisions of the CZBAA shall be final and executory and shall be based on provisions of this Ordinance. Approvals for rezoning should be made by the Sangguniang Panlungsod thru an Ordinance that will serve as an amendment to this Ordinance. The zoning map shall then be correspondingly revised.




Section 25. COMPOSITION OF THE CITY ZONING BOARD OF ADJUSTMENT AND

APPEALS (CZBAA). The CZBAA shall be composed of the following members:

1. City Mayor as Chairman; 2. Vice Mayor, or a member of the Sanggunaing Panlungsod (SP) to be selected by

the SP as Vice-Chairman; and the following as members: 3. City Legal Officer; 4. Three (3) representatives (appointed by the SP for three years co-terminus with

the Mayor), at least one from the private sector, or non-government organizations (NGOs) and preferably representing an environmental organization and a community development/social welfare organization; and

5. City Planning & Development Coordinator

Section 26. INTERIM PROVISION. Upon approval by the Sangguniang Panlungsod of this ordinance, the City Mayor shall immediately cause the organization of the new City Zoning Board of Adjustments and Appeals to become operational upon HLURB approval of the Comprehensive Development Plan and Zoning Ordinance. The Development Control Committee shall provide technical advice to the CZBAA.

ARTICLE IV

DEVELOPMENT CONTROL SYSTEM The Development Control System is a tool that encourages community participation in the development of the area. It reinforces relationship on the sustainability of the project and its physical and social amenity in consonance with the over-all goal of the land use plan and the general welfare of the constituents.

Section 27. OBJECTIVES OF DEVELOPMENT CONTROL SYSTEM

27.1 Provide all stakeholders in the development process with a clear understanding of what is required and how they fit into the system; 27.2 Provide the developer with certainty about the decision making process; 27.3 Enable the community to have a voice in key decisions; 27.4 Have simple, non-controversial proposals dealt with expeditiously; 27.5 Retain a degree of flexibility for proponents to seek approval for innovative projects;

and 27.6 Improve the quality of decisions.

Section 28. TYPES OF DEVELOPMENT APPROVALS

28.1 Zoning Certificates and Locational Clearances

Generally, issuance of zoning certifications and locational clearances are lodged with the Zoning Officer of the Office of the City Planning and Development Coordinator. Basis of decision is the approved Comprehensive Development Plan and Zoning Ordinance of the city.




The zoning certificate does not confer any rights to alter the land use or develop the property without any locational clearance. Locational Clearances are either for an allowed use application as listed in the zone regulations or Consent on Merit application

28.2 Preliminary Subdivision Development Plan Preliminary Subdivision Development is the first approval that a project proponent has to secure if he/she intends real estate development for a piece of land such as residential subdivision, industrial subdivision, commercial subdivision, memorial parks or farm lot subdivision. The focus of assessment at this stage is the proposed location or site of the project, whereby zoning officer will determine the compatibility of the project against the zone classification of the site. Further, an initial assessment of the preliminary site development scheme is likewise accomplished. All subdivisions are Consent on Merit applications. Referrals to various agencies particularly engineering and planning and non LGU agencies involved on electricity, water, sewer and telecommunications is vital, to generate recommendations on the planning aspects of the proposed subdivision.

28.3 Development Permit An application for development permit is the second approval that a project proponent

has to secure prior to actual development for a specific real estate project. The project proponent will submit the final site development plan for review/evaluation by the Development Control Committee (DCC). Other design and engineering plans, such as road section, circulation plan, water distribution system and drainage plan are likewise submitted at this stage for assessment.

Since development permit is technical in nature, and DCC has technically evaluated the subdivision application, and recommended for its approval with conditions they find necessary, it is expected that Sangguniang Panlungsod will approve the application within 60 days from date of receipt inclusive of processing/evaluation, committee hearings and referrals. After lapse of 60 days without action application for development is deemed approved.

28.4 Land Reclassification or Rezoning Requests or applications for rezoning or land reclassification from agricultural land

use/zone to urban use is lodged with the Office of the City Planning & Development Coordinator (OCPDC). Before submission of its recommendation to the Development Control Committee, the OCPDC will conduct a study to determine the viability of the request. The evaluation is normally based on the city’s land use plan and zoning ordinance and the trend of development.

The OCPDC will then indorse the request to the Development Control Committee for

deliberation whether said request is in accordance with the objectives of the zoning ordinance.

Based on the scorecard in the evaluation of Consent on Merit applications, the DCC

will recommend to the City Zoning Board of Adjustment and Appeals for its appropriate action. CZBAA will then convene to look into the merits presented. If found valid, said application would be forwarded to the Sangguniang Panlungsod for the approval of rezoning.

28.5 Building Permit/Certificate of Occupancy




These applications are lodged with the City Engineer’s Office/ (Office of the Building

Official). The Certificate of Occupancy is required prior to use of the new structure. An

inspection is required to check if the structure has been built according to the approved plans.

Periodic inspection by the Office of the Building Official during crucial stages of construction shall be conducted to ensure that the structure has been built appropriately.

Section 29. CRITERIA FOR EVALUATING CONSENT ON MERIT.

These are land uses that might be approved in certain circumstances and restrictions. The criteria will refer to matters such as:

Carparking Setbacks Storm drainage Height Environment (air and noise pollution) Traffic amenity/aesthetics Landscaping Land use Infrastructure

Section 30. CREATION OF DEVELOPMENT CONTROL COMMITTEE.

The Development Control Committee is a separate institutional body comprised of technical staff from various departments of the city including an NGO representative. They will have the decision-making powers to approve or refuse Consent on Merit applications and impose conditions if necessary. The committee includes the following:

1. City Planning & Development Coordinator; as the chairman 2. ABC President; 3. City Building Official; 4. NGO representative from the City Development Council (specifically

chairman on the committee of infrastructure and planning); 5. City ENRO; 6. City Assessor; and 7. Zoning Officer

The City Mayor, upon HLRB approval of this ordinance shall issue an Executive Order creating the Development Control Committee. The Development Control Committee (DCC) will have the power to use its discretion and submit a position paper to the Sangguniang Panlungsod if it feels that the proposal has complex political and community issues to deal with. The Zoning Officer will be responsible for conducting the evaluation and consultation regarding the proposal and submitting a report on recommendations and possible conditions to the DCC.




The DCC may, if it desires, entertain a presentation by interested parties. If this occurs, the DCC must allow the proponent the opportunity to respond to issues raised prior to making a decision. The costs of the consultation process should be borne by the proponent, in terms of the following: Advertising costs in the print media Letters to adjoining owners and tenants Notices on barangay hall notice boards Project board (1.2m x 0.90m) placed on poles 1.2 meters high The Zoning Officer should collate the submissions, analyze the comments and issues, and take into account the consultation process when recommending a course of action to the DCC on the proposal. It must be remembered that consultation is not necessarily about gaining consensus, rather it is about asking people what their views are and taking their responses into account during assessment and decision-making process. A decision made by the committee is appealable to the City Zoning Board of Adjustment and Appeals.

ARTICLE V POLICIES

Section 31. PURPOSES.

This Ordinance is enacted for the following purposes:

1. Guide, control and regulate future growth and development of the City of General Santos in accordance with its Comprehensive Development Plan that embodies its sectoral and land use plan;

2. Protect the character and stability of residential, commercial, industrial, institutional, forestry, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same;

3. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the locality;

4. Prevent undue congestion or concentration of population in a particular area and promote the equal spread of urbanization;

5. Regulate the location and use of buildings and lands adjacent to streets and thoroughfares in such manner as to obviate danger to public safety caused by undue interference with the existing or prospective traffic movement on such streets and thoroughfares; and

6. Insure the rehabilitation/preservation of the environment while promoting maximum utilization of land resources for improved productivity.

Section 32. CITY-WIDE PLANNING OBJECTIVES




The following Objectives shall be used to assess the appropriateness of Allowable Uses (column 1) and ‘Consent on Merit’ uses listed in Column 2 in Section 36 (General Zone Regulation):

Form of Development Objective 1: The development of the City in accordance with the Spatial Strategy Map and

land use development plan. Objective 2: Orderly and economic development. Objective 3: A proper distribution and segregation of living, working and recreational

activities by the allocation of suitable areas of land for those purposes, and the proper location of public and community facilities by the reservation of suitable land in advance of need.

Objective 4: Maintenance of the long-term operational, safety and commercial aviation requirements.

Land Division Objective 5: Land in appropriate localities divided into allotments in an orderly and

economic manner. Residential Development Objective 6: A compact urban area. Objective 7: A variety and choice of dwelling types to meet the needs and preferences of

all sections of the community. Objective 8: Containment of housing costs through the encouragement of a full range of

design and development techniques. Objective 9: Safe, pleasant, convenient and efficient residential zones.

(a) Residential development in residential zones adjacent to non-residential zones should be designed and sited to protect residents from any adverse effects of non-residential activities.

(b) Non-residential development in residential zones should provide adequate protection for residents from air and noise pollution, traffic disturbance and other harmful effects on health or amenity;

(c) Residential buildings should be located and designed so as not to unreasonably impair privacy and access to incident solar radiation:

(i) for adjacent properties; and (ii) for each dwelling and private open space.

(d) Landscaping of development in residential zones should: (i) enhance residential amenity; (ii) screen storage, service and parking areas; (iii) provide protection from sun and wind; and (iv) not unreasonably affect adjacent land by shadow.

(e) Within residential zones, open space should provide for recreational activities, pedestrian links, and the preservation of natural features.

(f) Dwellings should be supplied with adequate energy, water, waste disposal and drainage facilities to serve the needs of the prospective users.

(g) Residential development should minimize the potential for personal and property damage arising from natural hazards including landslide, bushfires, and flooding.




Centers and Commercial Development Objective 10: Shopping, administrative, cultural, community, entertainment, educational,

religious, and recreational, facilities located in integrated centers which are distributed rationally throughout the urban area that are appropriately designed and landscaped to blend with the natural environment.

Objective 11: Centers established and developed in accordance with a hierarchy based on function, so that each type of center provides a proportion of the total requirement of goods and services commensurate with its role.

Objective 12: A hierarchy of centers located in center or commercial zones. Centers within the urban area are of the following type: (a) The Central Business District; and (b) Major Commercial Areas.

Objective 13: The Central Business District to provide the principal focus for the economic, social and political life of the City.

Objective 14: Major Commercial Areas to function as the main centers outside the Central Business District for a full range of shopping, administrative, cultural, community, entertainment, education, religious and recreational facilities, as public transport interchanges and focus of public transport networks and public and private office development.

Community Facilities Objective 15: Appropriate community facilities conveniently accessible to the population they

serve. Transportation Objective 16: A comprehensive, integrated, and efficient, public and private transport

system, which will: (a) provide access to adequate transport services for all people, at an acceptable cost; (b) effectively support the economic development of the City; (c) ensure a high level of safety in terms of design and ancillary facilities; and (d) maintain the options for the introduction of suitable new transport technologies.

Objective 17: A road hierarchy to form the basis of development controls and serve as a guide to the investment of road funds in order to ensure a safe and efficient traffic flow and to promote the saving of fuel and time.

Objective 18: A network of roads, paths and tracks, to accommodate satisfactorily a variety of vehicular and pedestrian traffic.

Objective 19: A compatible arrangement between land uses and the transport system, which will:

(a) ensure minimal noise and air pollution; (b) protect amenity of existing and future land uses; (c) provide adequate access; and (d) ensure maximum safety.

Objective 20: A form of development adjoining main roads, which will: (a) ensure traffic can move efficiently and safely; (b) discourage commercial ribbon development in new development areas such as the

New Town Zone;




(c) confine large traffic generating uses within designated zones; (d) provide for adequate off-street parking; and (e) provide limited and safe points of access and egress.

Industrial Development Objective 21: Industrial development located in suitable areas.

(a) Industrial development adjacent to residential zones should be designed and sited to protect residents from any adverse effects of non-residential activities.

(b) Residential development in industrial zones should provide adequate protection for residents from air and noise pollution, traffic disturbance and other harmful effects on health or amenity.

Infrastructure Objective 22: Economy in the provision of infrastructure while enhancing functionality of

design for the welfare of children, disabled persons and women. Mining Objective 23: The continued availability of metallic, industrial and construction minerals by

preventing development likely to inhibit their exploitation. Objective 24: The protection of the landscape from undue damage from quarrying and

similar extractive and associated manufacturing industries. Conservation Objective 25: The conservation, preservation, or enhancement, of scenically attractive

areas, including land adjoining coastal and river water, and scenic roads. Objective 26: The preservation of buildings or sites of architectural, historical, or scientific

interest. Objective 27: The retention of environmentally significant areas of native vegetation. Objective 28: The retention of native vegetation where clearance is likely to lead to problems

of soil erosion, soil slip, flooding or a deterioration in the quality of surface waters.

Objective 29: The retention of native vegetation for amenity purposes, for livestock shade and shelter and for the movement of native wildlife.

Open Space Objective 30: Adequate public parks and recreation areas conveniently located and

accessible to residential sites. Appearance of Land and Buildings Objective 31: The amenity of localities not impaired by the appearance of land, buildings and

objects that combine aesthetics with functionality. Coastal Areas




Objective 32: Preserve and manage coastal areas to sustain or enhance the remaining natural coastal environment.

Objective 33: Maintain and improve public access to and enjoyment of, the coast in keeping with other objectives.

Objective 34: Due recognition of, and allowance for hazards to coastal development such as inundation by storm tides or combined storm tides and storm water, coastal erosion and sand drift, including an allowance for changes in sea level due to natural subsidence and predicted climate change during the first 100 years of the development.

Objective 35: To avoid the community incurring cost for the protection of private development or the environment from the effects of coastal processes.

Objective 36: To use urban coastal zones only for development appropriate to a coastal location.

Outdoor Advertisements Objective 37: An urban environment and rural landscape not disfigured by advertisements. Objective 38: Advertisements in commercial and industrial urban areas, and center zones,

designed to enhance the appearance of those areas. Heritage Objective 39: Places and buildings of historical importance protected.

Section 33. GENERAL ZONING PRINCIPLE. These Zoning Regulations are based on the approved Comprehensive Development Plan per Resolution No. 381 series of 2001 dated December 31, 2001 for the City of General Santos.

Section 34. ZONE BOUNDARIES.

The locations and boundaries of various Zones into which the City has been divided are hereby identified and specified in Section 6 – District Boundaries based on the Barangay Zoning Maps.

Section 35. INTERPRETATION OF THE ZONE BOUNDARY.

In the interpretation of the boundaries for any of the Zones indicated on the Zoning Map, the following rules shall apply:

1. Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the street or highway right-of-way lines shall be construed to be the boundaries;

2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries;

3. Where zone boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at such distance there from as indicated in the




zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown in said Zoning Map;

4. Where the boundary of a zone follows approximately an inter-modal transport line, such boundary shall be deemed to be the inter-modal right-of-way;

5. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line shall be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines;

6. Where a zone boundary line divides a lot of one ownership as of record at the effective date of this ordinance, the lot shall be construed to be within the zone where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall in the zone where the principal structure falls;

7. Where zone boundary is indicated as one-lot-deep, said depth shall be construed to be the average lot depth of the lots involved within each particular city block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one-lot-deep zoning district provided the remaining portion has an area less than 50% or more of the total area of the lot. If the remaining portion has an area equivalent to 50% or more of the total area of the lot, then the average lot depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case maybe. In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be considered as falling within the less restrictive zone; and

8. The textual description of the zone boundaries shall prevail over that of the official zoning maps.

Section 36. GENERAL ZONE REGULATIONS

Each zone lists land uses that are, may, and may not be, considered appropriate, i.e. lists of allowable, consent on merit and prohibited uses, as follows: Column 1 Column 2 Column 3 Allowable Uses, i.e. will be approved with or without conditions

Consent on Merit Uses Prohibited Uses, i.e. will not be approved and cannot be appealed

List of the uses that are considered to be appropriate in the zone.

Everything else not listed as ‘allowable’ or ‘prohibited’.

List of the uses that are considered to be inappropriate in the zone.

The aim of the Ordinance is to give certainty to developers. Too much flexibility creates uncertainty and is therefore not going to encourage economic activity, or a reasonable standard of development.

Section 37. USE REGULATIONS IN GENERAL RESIDENTIAL ZONE (GRZ).

A GR zone shall be used principally for dwelling/housing purposes so as to maintain peace and quiet of the area within the zone. The following are the use regulations:

Column 1 Column 2 Column 3




Allowable Uses, i.e. will be approved with or without conditions

Consent on Merit Uses

Prohibited Uses, i.e. will not be approved and cannot be appealed

1. Apartment 2. Boarding House 3. Branch libraries and museums 4. Clinic, nursing and convalescing home,

health center 5. Customary accessory uses like:

a) Servants quarter b) Private garage c) Guard house

6. Detached dwelling 7. Dormitory 8. Home occupation for the practice of

one’s profession or for engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that: a) The floor area of the business shall

not exceed 10 sq.m.; b) The number of persons engage in

such business shall not exceed five (5), inclusive of the owner;

c) There shall be no change in the outside appearance of the building premises

d) No home occupation shall be conducted in any customary accessory uses cited above;

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

f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises

g) Home industry classified as cottage industry provided that:

Everything else not listed as ‘allowable’ or ‘prohibited’ that is compatible with residential uses and that do not create noise, or other pollution, or major traffic congestion.

Subdivision, Communicat

ion towers,

Barangay hall Elementary and High School Malls

Industry Commercial larger than 20

square meters in floor area

Agro-industry Main transmission lines Motels, Hotels




h) Such home industry shall not occupy more than thirty (30%) percent of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance.

i) Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry;

j) Such shall consider same provisions as enumerated in letters d, e and f number 9, home occupation, this section.

9. Hotel apartment or apartel 10. Multi-purpose hall 11. Nursery School 12. Pension House 13. Plant nurseries 14. Recreational facilities for the exclusive

use of the members of the family residing within the premises, such as: a) swimming pool b) pelota court c) parks and playground d) others

15. Religious Use such as: a) chapels b) churches

16. Residential Condominium 17. Row-houses, apartments 18. Socialized Housing 19. Sports Club 20. Vocational School 21. Vulcanizing shops

Section 38. USE REGULATION IN SOCIALIZED HOUSING ZONE (SHZ)

A Socialized Housing Zone shall be used principally for dwelling/housing purposes. The following are the use regulations:

Column 1 Column 2 Column 3 Allowable Uses, i.e. will be approved with or without conditions



1. Boarding House 2. Clinic, nursing and convalescing home,

health center 3. Detached dwelling

Everything else not listed as ‘allowable’ or ‘prohibited’

Industry Commercial larger than 20

square meters in floor area




4. Dormitory 5. Home occupation for the practice of

one’s profession or for engaging home business such as dressmaking, tailoring, baking, running a sari-sari store and the like provided that: a) The floor area of the business shall

not exceed 10 sq.m.; b) The number of persons engage in

such business shall not exceed five (5), inclusive of the owner;

c) There shall be no change in the outside appearance of the building premises

d) No home occupation shall be conducted in any customary accessory uses cited above;

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

f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal senses and visual or audible interference in any radio or television receiver or causes fluctuations in line voltage off the premises

g) Home industry classified as cottage industry provided that:

h) Such home industry shall not occupy more than thirty (30%) percent of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance.

i) Allotted capitalization shall not exceed the capitalization as set by the Department of Trade and Industry;

j) Such shall consider same provisions as enumerated in letters d, e and f number 9, home occupation, this

that is compatible with residential uses and that do not create noise, or other pollution, or major traffic congestion.

Subdivision Communicat

ion towers Religious Use such as: a. chapels b. churches

High School barangay hall Nursery / Elementary School

Agro-industry Main transmission lines Motels




section. 6. Multi-purpose hall 7. Row-houses 8. Vulcanizing shops

Section 39. USE REGULATIONS IN COMMERCIAL-1 OR C-1.9

Referred to as the Central Business District (CBD), a C-1 zone shall be principally for trade, services and business activities. Enumerated below are the use regulations:




1. Banks and other financial

institution 2. Building garage 3. Clinic 4. Commercial job printing 5. Commercial condominium (with

residential units in upper floors) 6. Commercial housing like:

a. Hotel b. Apartment c. Apartel d. Boarding house e. Dormitory f. Pension house g. Club house

7. Convention center and related facilities

8. Embassy/consulate 11.General retail stores and shops like:

a. Department store/shopping center

b. Book store and office supply shop

c. Car shop d. Home appliance store e. Photo shop f. Flower shop

12. Janitorial service 13. Library, museum 14. Offices like:

a. Office building b. Office condominium

Everything else not listed as ‘allowable’ or ‘prohibited’. Subdivision, Storeroom and warehouse but only as may be necessary for the efficient conduct of the business Filling station/service station except in Pioneer Avenue, Roxas East and West Food markets and shops like:

a. Bakery and bake shop

b. Wine store c. Grocery d. Supermarket

Heavy and medium

industry Agro-industry Regional Commercial Uses Motels Machine shops Repair shops





15. Printing of insignia, badges and similar emblems except metal

16.Messengerial service 17.Personal services shops like:

a. Beauty parlor b. Barber shop c. Sauna bath and massage clinic

d. Dressmaking and tailoring shops

18.Plant nurseries 19.Radio and television station 20. Restaurants and other eateries 21. Repair of clocks and watches 22. Repair of optical instruments and

equipment and cameras 23. Security agency 24.Short term special education like:

a. Dancing schools b. Schools for self-defense c. Driving schools d. Speech clinics

27.Typing and photo engraving services

28.Vocational/technical school/ elementary and high school 29. Vulcanizing shop

Section 40. USE REGULATIONS IN COMMERCIAL-2 OR C-2.10

A C-2 zone shall be for quasi-trade, business activities and service industries performing complimentary/supplementary functions to C-1 for the CBD and District Center area. The use regulation within the C-2 zone are:

Column 1 Column 2 Column 3 Allowable Uses, i.e. will be approved with or without conditions*



1. Casket/coffin display 2. Clinic 3. Commercial condominium (with

residential units in upper floors) 4. Commercial housing like:

a. Hotel b. Apartment c. Apartel d. Boarding house

Everything else not

listed as ‘allowable’ or ‘prohibited’.

Lumber/hardware Subdivision Transmitters/antenna Building garage, Machine shop

General Industry Agro-industry





e. Dormitory f. Pension house g. Club house

5. Commercial job printing 6. Filling station/service station 7. Furniture showrooms 8. Gravel and sand 9. Janitorial service 10. Lechon or whole pig roasting 11. Machinery display shop/center 12. Printing of insignia, badges and

similar emblems except metal 13. Printing of signs and advertising

displays 14. Messengerial service 15. Offices like:

a. Office building b. Office condominium

16. Parking lots, garage facilities 17. Plant nurseries 18. Publishing house 19. Radio and television station 20. Repackaging of food products e.g.

Fruits, vegetables, sugar and other related products

21. Repair of clocks and watches, 22. optical instruments and equipment

and cameras display center 23. Repair shops like: a. House appliances b. Home furnishing c. Motorcycles 24. Recreational center/establishments

like: a. Movie house/theater b. Playcourt e.g. Tennis, bowling,

billiard c. Swimming pool

25. Restaurants and other eateries 26. Security agency 27. Short term special education like:

a. Dancing schools b. Schools for self-defense c. Driving schools d. Speech clinics

28. Small scale junk shop 29. Typing and photo engraving services 30. Vocational/technical school 31. Welding shops

service operation /repairing/rebuilding, or custom job orders), malls, motels, Transportation terminal/garage Bus terminal Motel Food Terminal Funeral parlors, mortuaries and crematory services and memorial chapels Junk shops

Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice, ice plant

Day and night club Stadium , coliseum, gymnasium Other sports and recreational establishments Storeroom and warehouse Underground parking structures and facilities




Development adjacent to a residential area should provide protection from the adjoining residences by constructing a solid concrete wall to a height equivalent to the highest peak of the building plus 0.30 meter on the common boundary and introducing abatement measures.

Section 41. USE REGULATION IN LIGHT INDUSTRIAL ZONE(LIZ).

An LIZ shall be for non-pollutive/non-hazardous and non-pollutive/hazardous manufacturing/processing establishments, compatible with adjoining residential areas. Enumerated below are the regulations: Column 1 Column 2 Column 3 Allowable Uses i.e. will be approved with or without conditions



1. Accessory structures such as guard

house and caretaker’s house 2. Biscuit factory – manufacture of

biscuits, cookies, crackers and other similar dried bakery products

3. Doughnut and hopia factory 4. Life belts factory 5. Manufacture of animal drawn

vehicles 6. Manufacture of assembly of

electronic organs 7. Manufacture of brooms, brushes

and fans 8. Manufacture of buttons except

plastic 9. Manufacture of children vehicles

and baby carriages 10. Manufacture of eyeglasses and

spectacles 11. Manufacture of footwear parts

except rubber and plastic 12. Manufacture of furniture/wood 13. Manufacture of gym and playground

equipment 14. Manufacture of insignia, badges and

similar emblems (except metal) 15. Manufacture of laboratory and

scientific instruments, barometers, chemical balance, etc.

16. Manufacture of luggage, handbags, wallets and small leather goods

17. Manufacture of macaroni, spaghetti and vermicelli and other noodles

18. Manufacture of measuring and

Everything else

not listed as ‘allowable’ or ‘prohibited’.

Subdivision, Lumberyard, plastic crusher, junk shops, electronic assembly; manufacture of tin can

Residential developments not part of the industrial development,




controlling equipment, plumb bomb, rain gauge, taxi meter, thermometer, etc.

19. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.) etc.

20. Manufacture of miscellaneous products of leather and leather substitute, N.E.C.

21. Manufacture of needles, pens, fasteners and zippers

22. Manufacture of optical lenses 23. Manufacture of other sporting and

athletic goods, N.E.C. 24. Manufacture of pens, pencils and

other office and artist materials 25. Manufacture of photographic

equipment and accessories 26. Manufacture of pianos 27. Manufacture of rowboats, bancas,

sailboats 28. Manufacture of shoes except

rubber, plastic and wood 29. Manufacture of signs and

advertising displays 30. Manufacture of slipper and sandal

except rubber and plastic 31. Manufacture of sporting balls (not of

rubber or plastic) 32. Manufacture of sporting gloves and

mitts 33. Manufacture of sporting tables

(billiards, Ping-Pong, pool) 34. Manufacture of string instruments 35. Manufacture of toys and dolls

except rubber and mold plastic 36. Manufacture of umbrella and canes 37. Manufacture of watches and clocks 38. Manufacture of wind and percussion

instruments 39. Manufacture or assembly of

electronic data processing machinery and accessories

40. Manufacture or assembly of miscellaneous office machines and




those N.E.C. 41. Manufacture or assembly of optical

instruments 42. Manufacture or assembly of

surgical, medical, dental equipment and medical furniture

43. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and accounting machines

44. Other bakery products NEC 45. Popcorn/rice factory 46. Printing, publishing and allied

industries and those N.E.C. 47. Quick freezing and cold packaging

for fish and other seafoods 48. Quick freezing and cold packaging

for fruits and vegetables 49. Renovation and repair of office

machinery 50. Small scale manufacture of ice

cream

Section 42. USE REGULATIONS IN MEDIUM INDUSTRIAL ZONE (MIZ)11

An I-2 zone shall be for manufacturing and processing establishments of pollutive/non-hazardous and pollutive/hazardous industries. Enumerated below are the regulations:



Prohibited Uses i.e. will not be approved and cannot be approved

1. Drying fish 2. Manufacture and canning of ham,

bacon and native sausages and other poultry products.

3. Soft drinks and carbonated water industry.

4. Corn /rice mills 5. Manufacture of chocolate, cocoa,

sugar confectioneries and chewing gums

6. Manufacture of pianos, wind percussion, string and miscellaneous

All forms of residential development Special Industry Manufacture of explosives





musical instruments 7. Peanuts and other nut factories 8. Manufacture of flavoring extracts 9. Manufacture of food products, n.e.c.

(vinegar, vetsin) 10. Manufacture of fish meal 11. Oyster shell grading 12. Manufacture of medicinal and

pharmaceutical preparations 13. Manufacture of statuary, art goods,

cut stones and marbles 14. Manufacture of abrasive products 15. Manufacture of miscellaneous non-

metallic mineral products, n.e.c. 16. Manufacture of cutleries, except table

flatware and miscellaneous cutleries, hand tools, and general hardwares, n.e.c.

17. Manufacture of general hardwares 18. Manufacture of household metal

furniture 19. Manufacture of furnitures and fixture

and other products primarily of metal and other architectural and ornamental metal works, wood

20. Manufacture of fabricated wire and cable products

21. Manufacture of heating, cooking and lighting equipments, candles and inks except electricals

22. Sheet metal works generally of manual operation

23. Manufacture of other fabricated metal products except machineries and equipments, n.e.c.

24. Manufacture of assembly of agricultural machineries and equipments

25. Native plows and harrows factories 26. Repair of agricultural machineries 27. Manufacture or assembly of service

industry machines 28. Manufacture of assembly of elevators

and escalators 29. Manufacture or assembly of sewing

machines 30. Manufacture or assembly of cooking

ranges 31. Manufacture or assembly of water

pumps




32. Refrigeration industries 33. Manufacture or assembly of other

machines and equipments except electricals, n.e.c.

34. Manufacture or assembly and repair of other electrical industrial machineries, equipments and apparatus, n.e.c.

35. Manufacture or assembly of radio and television transmitting, signaling and detection equipments

36. Manufacture and assembly of telephone and telegraphic equipments

37. Manufacture of other equipments and electronic apparatus

38. Manufacture of industrial and commercial electrical appliances

39. Manufacture of electrical appliances and house wares

40. Manufacture of other electrical appliances, n.e.c.

41. Flour mills 42. Cassava flour mills 43. Manufacture of coffee 44. Manufacture of unprepared animal

feeds, other grain milling, n.e.c. 45. Production of prepared feeds for

animals 46. Manufacture of mineral products,

n.e.c. 47. Tobacco manufacturing 48. Weaving hemp textiles 49. Miscellaneous knitting mills 50. Manufacture of mats, matting, carpets

and rugs 51. Manufacture of related products from

abaca, sisal, hemequen, hemp, cotton, paper, etc.

52. Manufacture of cordage, rope and twine

53. Manufacture of linoleum and other surface covering

54. Manufacture of artificial leather, coil cloths, and other fabrics except rubberized

55. Manufacture of coir 56. Manufacture of miscellaneous textiles,

n.e.c. 57. Sawmills, planing and other wood

mills




58. Manufacture of veneer, plywood and hardwood

59. Manufacture of doors, windows and gaskets

60. Treating and preserving of wood 61. Manufacture of charcoal 62. Manufacture of wood and cane blinds,

screens and shades 63. Manufacture of containers and boxes

of paper and paper boards 64. Manufacture of miscellaneous pulp

and paper products, n.e.c. 65. Manufacture of perfumes, cosmetics,

and other toilet preparations 66. Manufacture of wares and polishing

preparations 67. Manufacture of miscellaneous

chemical products, n.e.c. 68. Tire retreading and rebuilding 69. Manufacture of rubber shoes and

slippers, industrial and molded rubber products

70. Manufacture of fabricated plastic products, n.e.c.

71. Manufacture of table and kitchen utensils

72. Manufacture of potteries, china and earthenware, n.e.c.

73. Manufacture of miscellaneous glass and glass products, n.e.c.

74. Manufacture of clay bricks, clay tiles, and hollow clay tiles and other clay structured products

75. Manufacture of miscellaneous structural clay products, n.e.c.

76. Manufacturing of structural metal products

77. Manufacture of asbestos products 78. Manufacture of engines and turbines

except motor vehicles, marine and aircrafts

79. Manufacture of metal and wood working machineries

80. Manufacture, assembly, rebuilding and repair of paper industry machineries

81. Manufacture, assembly, rebuilding and repair of printing, trade machineries and equipments

82. Manufacture of rice mills




83. Manufacture of machines for leather and leather products

84. Manufacture of construction machineries

85. Manufacture of machines for clay, stove, and glass industries

86. Manufacture of electrical industrial machineries and equipments

87. Manufacture of dry cells, storage batteries and other batteries

88. Manufacture of railroad, street cars equipments

89. Manufacture or assembly of automobiles, cars, buses, trucks and trailers and other motor vehicles

90. Manufacture of wood furnitures including upholstery

91. Manufacture of transport equipment, n.e.c.

92. Manufacture of rattan furnitures including upholstery

93. Manufacture of box beds and mattresses

94. Manufacture of motorcycles and bicycles

95. Spinning, weaving and finishing textiles/fabrics

96. Tanneries and leather finishing plants 97. Manufacture of paper board articles,

fiber board, pulp paper board and paper

98. Manufacture of inorganic salts and compounds

99. Manufacture of soaps and cleaning preparations, perfumes, cosmetics and other toilet preparations

100. Manufacture of products of leather and leather substitutes except footwear and wearing apparels

101. Manufacture of cement lime and plaster

102. Blast furnaces, steel works and rolling mills

103. Manufacture of smelted and refined non-ferrous metals

104. Manufacture of rolled, drawn or astruded non-ferrous metals

105. Manufacture of non-ferrous metal based industries

106. Oil depot




107. Manufacture of paints, varnishes and lacquers

108. Manufacture of organic fertilizers and pesticides

109. Manufacture of matches

Section 43. USE REGULATIONS IN INSTITUTIONAL ZONE (INZ). In the INZ zone, the regulations are:




1. Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of higher learning

2. Convention centers and related facilities

3. Embassies/consulate 4. Government center to house

national, regional or local offices in the area

5. Museums 6. Religious structures e.g. Church,

seminary, convents, mission houses, monasteries

7. Student housing e.g. Dormitories, boarding house

8. Ecological and other research centers 8. Military camps / reservations/ bases

and training grounds 9. Penitentiary and correctional

institution 10. Rehabilitation and vocational training

center for ex-convicts, drug addicts, unwed mothers, physically, mentally and emotionally handicapped, ex-sanitary inmates and similar establishments

11. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities

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

Everything else not listed as ‘allowable’ or ‘prohibited’. Subdivision. General hospitals, medical centers, multipurpose clinics Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities

Potentially pollutive or hazardous industry. Special Industry. Special Industry. Nuclear, radioactive and chemical research centers




Section 44. USE REGULATIONS IN PARKS AND RECREATION ZONE (PRZ). The following are the use regulations:



1. Camping Grounds 2. Memorial shrines

monuments, kiosks and 3. Open air or outdoor sports

activities and support facilities, including low rise stadia, gyms, amphitheaters and swimming pools

4. other park structures 5. Parks/gardens 6. Sports club

Cockpits, Golf courses, ball courts, race tracks and similar uses, Marina, floating restaurants Resort areas e.g. Beaches, including accessory uses such as hotels, cottages, pools, Underground parking structures/facilities

Everything else not listed as

‘allowable’. Subdivision

Section 45. USE REGULATIONS FOR TOURISM ZONE (TZ).12 In the Tourism Zone, the following uses are allowed and prohibited:



1. Camping Grounds 2. Marina 3. Memorial shrines

monuments, kiosks and 4. other park structures 5. Parks/gardens 6. Sports club 7. Mini-zoo 8. Botanical Gardens 9. Mini-forest 10. Nature Parks

Cockpits Golf courses, ball courts, race tracks and similar uses, Resort areas e.g. Beaches, including accessory uses such as hotels, cottages, pools, floating restaurants Underground parking structures/facilities

Everything else not listed as

‘allowable’. Subdivision.





Section 46. USE REGULATIONS FOR AGRICULTURAL ZONE (AGZ).

In AG Zone the regulations are:




1. Agricultural research and

experimentation facilities such a breeding stations, fish farms, nurseries, demonstration farms, etc.

2. Ancillary dwelling units/farmhouses for tillers and laborers

3. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like

4. Customary support facilities such as palay dryers and rice treshers and storage barns and warehouses

5. Growing of diversified plants and trees, such as fruit and flower bearing trees, coffee, tobacco, etc.

6. Silviculture, mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey raising and the like

7. Pastoral activities such as goat raising and cattle fattening

7. Piggeries 8. Poultries

Everything else

not listed as ‘allowable’ or ‘prohibited’.

Subdivision, Cemetery Mission houses, monasteries Sewerage Treatment Plant Radio transmitting stations/transmitters, transmission towers

Residential development not

directly associated with an allowable use.

Subdivision into residential sized lots smaller than 1 hectare in area.

Extraction, excavation or other mining activity not undertaken in accordance with the Mining Code and its implementing rules and regulations.

Section 47. USE REGULATIONS IN AGRO-INDUSTRIAL ZONE (AIZ). In the AI zone the following uses shall be allowed and prohibited:




1. All uses allowed in agriculture 2. Bagoong factory , Patis factory 3. Banana chips factory 4. Butter and cheese processing plants 5. Canning and preserving of vegetable

Everything else not listed as ‘allowable’ or ‘prohibited’. Subdivision.

Residential development not directly associated with an allowable use.




sauces 6. Canning and preserving of fruits and

fruit juices 7. Canning and preserving of fruits and

vegetables 8. Canning and preserving of vegetable

and vegetable juices 9. Cassava flour mill 10. Cigar and cigarette factory 11. Cotton textile mill 12. Curing and redrying tobacco leaves 13. Drying, cleaning, curing and preserving

of meat and its by products and derivatives

14. Drying, smoking and airing of tobacco 15. Fish canning 16. Flour mill 17. Jute spinning and weaving 18. Malt liquor and malt 19. Manufacture / processing of other

plantation crops e.g. Pineapple, bananas, etc.

20. Manufacture of starch and its products 21. Manufacture of charcoal 22. Manufacture of coffee 23. Manufacture of dairy products 24. Manufacture of desiccated coconuts 25. Manufacture of distilled, rectified and

blended liquors, n.e.c. 26. Manufacture of fish, marine and other

animal oil 27. Manufacture of instant beverages and

syrup 28. Manufacture of non-alcoholic

beverages, n.e.c. 29. Manufacture of refined cooking oil and

margarine, vegetable/coconut oil 30. Manufacture of starch and its products 31. Manufacture of unprepared animal

feeds, other grain milling, N.E.C. 32. Manufacture of vegetables and animal

oil and fats, n.e.c. 33. Manufacture of wines from juices of

local fruits 34. Milk processing plants (manufacturing

filled, reconstituted or recombined milk, condensed or evaporated)

35. Miscellaneous canning and preserving of fruit and vegetables N.E.C.

36. Miscellaneous canning and preserving

Slaughterhouse




of fruits 37. Miscellaneous processing tobacco

leaves, N.E.C. 38. Muscovado sugar mill 39. Natural fluid milk processing

(pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related products)

40. Other accessory uses incidental to agro-industrial activities

41. Other commercial handicrafts and industrial activities utilizing plant or animal parts and/or products as raw materials, N.E.C.

42. Other dairy products, N.E.C. 43. Palay/corn/copra dryers/warehouse 44. Processing, preserving and canning of

fish and other seafoods 45. Processing, preserving and canning of

fish and other seafoods N.E.C. 46. Production of prepared feeds for

animals 47. Rice/corn mills (single pass/multi pass) 48. Slaughtering, preparing and preserving

meat products 49. Sugar factories and refineries 50. Sugar refining 51. Sugarcane milling (centrifugal and

refines) 52. Vegetable oil mills, including coconut

oil 53. Weaving hemp textile

Section 48. USE REGULATIONS IN FOREST ZONES (FZ).

No development use, or activity shall be allowed in forest zones unless consistent with the Department of Environment and Natural Resources’ (DENR) development regulations for Forest Zones and a permit, lease or license is issued by the DENR. In the FZ zone the following uses apply:




1. Commercial tree

plantation and Industrial Forest Plantation [IFP]

2. Community Based Forest

Everything else not listed as ‘allowable’ or ‘prohibited’.

1. Residential development not directly

associated with an allowable use. 2. Extraction, excavation or other mining

activity not undertaken in accordance




Management (CBFM) 3. Contract reforestation with

Forest Land Management Agreement [FLMA]

4. Ecological Revolution programs [ECOREV]

5. Reforestation compliance by forest users by temporary lease agreement

6. Reforestation compliance by pasture lease agreement

8. Urban Forest as parks

Subdivision. with the Mining Code and its implementing rules and regulations.

3. Fishing activities not undertaken pursuant to the provisions of the Fisheries Code and its implementing rules and regulations and the revised Forestry Code of the Philippines as amended.

4. Infrastructure development and resettlement undertaken within Forest Zones inconsistent with the provisions of the revised Forestry Code of the Philippines, as amended, and subject to an Environmental Impact Assessment, prior to the approval of such projects in order to determine their environmental impacts and social acceptability.

5. Subdivision into residential sized lots smaller than 5 hectares in area.

Section 49. REGULATIONS IN INFRASTRUCTURE AND UTILITIES ZONE (IUZ). The IUZ is for transportation uses including airports, sea ports and bus/jeepney terminals. The following are the regulations:




1. Airport 2. Bus Terminal 3. Jeepney Terminal 4. Communication facilities 5. Road Transport Terminal 6. Sea Port 7. Ancillary facilities related to

the operation of a transport terminal

8. Power stations 9. Water system

Everything else not listed as ‘allowable’ or ‘prohibited’.] Depot

All forms of residential development.

Section 50. USE REGULATION WITHIN GENERAL SANTOS CITY INTERNATIONAL

AIRPORT

1. The airport reservation shall be designated as transportation/utilities zone. As such, it shall be used exclusively for airport operations. The following airport structures and facilities are allowed to be constructed inside the reservation:

a. Runway e. Parking spaces




b. Terminal Building f. Utilities c. Taxiways g. Cargo Area d. Crash, Fire and Rescue Building

2. No structure other than the needed airport structures and facilities shall be built inside the reservation area. The structures not allowed include buildings intended for residential, commercial, institutional, industrial and other uses.

3. There shall be a Runway Protection Zone (RPZ) designated around the runway. The RPZ shall extend 820 meters from the end of the runway and 245 meters from the edge of the runway. Its purpose is to protect the runway from any obstacle or impediment. No structure of any kind shall be allowed within the RPZ.

4. There shall be an Airport Buffer Zone surrounding the airport reservation property. Its perimeter shall be defined as 1,600 meters from the centerline and 1,600 meters from the end of the runway.

The area between the limits of the airport reservation and the limits of the Buffer Zone shall have one or a combination of the following land uses:

a. Agriculture b. Pastureland c. Agroforestry

5. The airspace around the airport shall be protected from obstacles. The protected airspace is made up of five (5) imaginary surfaces through which structures and other objects should not project in order to ensure safety of aircraft operations during take-off and landing.

These surfaces include the approach, inner approach, inner horizontal, transitional and

conical surfaces. An airspace map based on standards from the International Civil Aviation Organization (ICAO) shall be the basis for determining the location, dimensions and slopes of these surfaces.

6. Land uses and activities within 2 kilometer radius of the airport that may create smoke,

dust, glare or electromagnetic emissions detrimental to aircraft operations shall be subject to review by the Zoning Officer prior to issuance or denial of locational clearance and certificate of zoning compliance.

In the review process, the zoning officer shall confer with specialists from the Department

of Transportation and Communication (DOTC) and Air Transportation Office (ATO). 7. The area along the 50:1 and 40:1 approach surface shall not be zoned as built-up. Land

uses preferred within this area include: a. Agriculture b. Pastureland c. Agroforestry

This zoning is intended to free the approach from obstacles and minimize danger to population.

Section 51. USE REGULATION IN COASTAL ZONE. In the Coastal Zone only the following uses shall be allowed:




a) Banca making/repair b) Beach resorts (Hotels, swimming pool, cottages, canteen, recreational facilities) c) Ecological reservations d) Fish Net making e) Fishponds/prawnponds f) Nature resorts

Section 52. HEIGHT REGULATIONS.

Building height must conform to the height restrictions and requirements of the Air Transportation Office (ATO) as well as the requirements of the National Building Code, the Structural Code as well as all laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. Building heights shall be based on the prescribed Floor Area Ratio (FAR).

Section 53. EXEMPTIONS FROM HEIGHT REGULATION. Exempted from the imposition of height regulations in residential zones are the following: towers, church, steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office.

Section 54. SPECIFIC PROVISIONS: The following must require a Locational Clearance from the Zoning Officer of the Office of the City Planning & Development Coordinator, in accordance with the prescribed criteria:

1. Dumping Sites a. They must be at least 1,000 meters from any bodies of water; b. Adequate fencing shall be put up to prevent undue scattering of wastes; c. Poisoning of rats, spraying of flies, and the general maintenance of the site shall be

the sole responsibility of the applicant; d. The dumping site shall not be located outside of the applicant’s premises, if private,

and shall be located within a reasonable distance from residential zone, if public; e. Buffering of trees by 10 meters in the periphery; f. Other sanitary requirements of the city shall be complied with. 2. Cemeteries a. All new cemeteries shall observe as easement, a buffer zone of 50 meters from the

banks of the rivers and other bodies of water traversing or adjoining the same. A memorial type of development with trees planted around the perimeter is encouraged in the development of cemetery;

b. Their proper maintenance shall be the conclusive responsibility of the applicant or the persons running them.

c. A barangay resolution interposing no objection to the proposed project is required. The resolution shall form part of the application for the issuance of locational clearance and development permit.

3. Funeral Homes/Memorial Chapels a. They shall be located 200 meters away from any private or government hospital;




b. No emission of foul odor and obnoxious gases deleterious to public health will be permitted;

c. Their sound maintenance shall be the exclusive responsibility of the persons running them;

d. Provide septic tank to avoid the throwing of solid and water wastes to city storm drainage or irrigation canals;

e. A system of disposing solid and liquid waste should be a part of the application for approval of the project; and

f. Sworn statement of the owners of the adjoining lands specifying their conformity or non-conformity to the proposed funeral homes shall be obtained. The statement shall form part of the application for locational clearance.

4. Private Landing Strips, Runways, Heliports and Helipads a. They must be at least 200-300 meters from the nearest residential zone or

residences; b. A written authority to construct/operate shall be obtained from the Air

Transportation Office/Civil Aeronautics Administration before construction/operation, and notice should be published in at least one of the daily newspaper for 2 consecutive weeks to determine public opposition to the proposed landing site;

c. Sworn statement of the owners of the adjoining lands specifying their conformity or non-conformity to the proposed landing site shall be obtained by the applicants. The statement shall be an integral part of the application for locational clearance as well as the permit to operate.

5. Service Stations/Gasoline Filling Station a. They shall be located within a reasonable distance from churches, hospitals,

schools, and other such institutional buildings; b. They shall not constitute safety hazards in a community developed entirely for

residential purposes within the 200 meter radius. 6. Slaughterhouse a. They shall be located only in agro-industrial zones and other less restrictive

districts; b. Sanitary requirement of the city shall be complied with; c. Buffering of trees by at least 10 meters along the periphery; d. Provide solid and liquid waste disposal system to avoid throwing of wastes to

storm drains or irrigation canals. 7. Open Storage

a. They shall be located at least on the average of 200 meters from schools, churches, hospitals and the like;

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

8. Radio Transmitting Stations, Transmitter, and Transmission Towers a. They shall be located within agricultural, pasture or less populated areas; b. Their sound maintenance and safety devices shall be the exclusive responsibility

of the applicant and/or persons running them; c. Where the public welfare demands, they may not be denied location in some

residential zones, provided that a sworn statement of the owners of the adjoining




property with a radius equivalent to the height of the tower signifying their conformity or non-conformity to the proposed project is secured. These statement shall form part of the application for locational clearance as well as the permit to operate;

d. That the location of their power transmitter and tower or antenna must be within a clear distance with a radius equivalent to the height of the tower from residential and commercial zones;

e. They shall comply with the requirements of the Department of Transportation and Communication and other agencies concerned and observe maximum safety measures; and

f. Approval of these projects shall be based on the recommendation of the Development Control Committee.

9. Cockpits

a. They shall be located at least 1,000 meters radial distance from the nearest residential or institutional zones in the community;

b. They shall be located in a recreational zone so as not to cause undue noise, annoyance, traffic hazard or any danger to the safety and order of the community nor disturb the undertaking of the allowed uses in the vicinity, however, they may not be denied location in industrial zone areas provided that distance requirements from residential and institutional areas are complied;

c. They must have adequate parking spaces, noise reducing facilities, and buffer area made of concrete hollow blocks and trees to abet nuisance.

10. Billiard/billiard pools shall be located at 200-meters radial distance from all institutional

establishments; 11. Disco houses, pub houses and saunas are allowed in commercial districts, provided

they are 200 meters away from schools and churches. Entertainment establishments (day/night clubs, saunas, etc) shall install signages (clear and readable) that minors (below 18 years of age) are not allowed inside;

12. Night clubs/day clubs, cabarets shall be located along the National Highway (50-

meters commercial strip) at Barangay Apopong going to Marbel and in Lagao after the check point along National Highway going to Davao City;

13. No gasoline filling station shall be granted a permit to operate or be established along

Pioneer Avenue, Roxas East and Roxas West, respectively;

14. Junk shops, repair shops, body building shops, machine shops, lumber yards with sawing activities, upholstery shops, furniture making, hollow block making, rattan crafts, rice mills and corn mills shall be located after the Upper Silway Bridge, along the National Highway going to Marbel and to Siguel as well as in Lagao going to Davao City and to Buayan, along Lagao-Bula Road and Bula-Amao Road, within 50-meters lot depth of commercial areas;

15. Piggeries and poultries shall be located in agricultural zones. It should be at least one

(1) kilometer from the existing National Highway, 500 meters from rivers, creeks and other bodies of water and at least one (1) kilometer from residential areas with




appropriate ancillary facilities for solid and liquid waste disposal to prevent the use of storm drains and irrigation canals for disposal.

16. Setbacks along road right-of-way of major streets at the CBD should be uniform at

3.00 meters from property line and should be appropriately landscaped (Santiago Blvd., J. Catolico Ave., Pioneer Ave., Magsaysay Ave., P. Acharon Blvd., Roxas Ave, Laurel Ave., National Highway, etc.)

17. Bars, hotels, motels and restaurants and other entertainment establishments should

bear the sign that serving alcoholic drinks to minors is not allowed. 18. Warehouses shall be regulated in the Central Business District, Barangays Bula,

Lagao, Katangawan, Buayan, Baluan, Tinagacan, Upper Labay, Ligaya, Conel, Olympog, Mabuhay unless it is an ancillary facility of a commercial activity. Height and area limitations shall be imposed.

19. Construction of warehouses shall only be allowed within the industrial zone in

Barangay Tambler, Calumpang, Labangal and Siguel. 20. Public commercial and institutional developments should be designed in such a way to

make them disabled and child friendly. 21. Loading and loading of goods and services and display shall be strictly prohibited

along roads, road right-of-way, sidewalks, walkways and footpaths. Section 55. AREA REGULATIONS.

Area regulation in all Zones shall conform to the minimum requirement of the existing codes

such as: a. P.D. 957 - the “subdivision and condominium buyers’ protective law” and its

revised implementing rules and regulations b. B.P. 220 – “promulgation of different levels of standards and technical

requirements for economic and socialized housing projects” and it’s revised implementing rules and regulations.

c. P.D. 1096 - National Building Code d. Fire Code e. Sanitation Code f. Plumbing Code g. Structural Code h. Executive Order no. 648 i. Other relevant guidelines promulgated by the national agencies concerned.

Section 56. ACCESS TO ROAD OR RIGHT-OF-WAY.

Every lot shall have direct access to a public road or right-of-way as indicated on the Certificate of Title at least 3 meters wide for pedestrian and vehicular access.




Section 57. SUBDIVISION PERFORMANCE BONDS.

A performance bond in the form of a binding and secure Bank Guarantee equivalent to the full cost of construction of the subdivision (or a stage thereof) including all approved roadwork and infrastructure shall be lodged with the City to enable it to complete the works in the event that the developer fails to do so. Such bond shall be returned to the bank on satisfactory completion of the works.

Section 58. ROAD SETBACK REGULATIONS. The following minimum building and structure setbacks from roads shall be applied: Minimum Road Setback

Zoning Classification

Major Thoroughfare (20m wide &

above)

Secondary Road (between 8 & 20m wide)

Local Road (8m wide)

Residential 10m 3m 1.50m Industrial, Agriculture, Agro-industrial, Forest

10m* 10m* 10m*

Parks & recreation 10m 10m 3m * 20m if car parking is proposed in front of the building.

Section 59. CAR PARKING.

Development shall provide adequate on-site car parking to meet the needs of residents, employees, customers and visitors. The following spaces shall be complied with:

1. Low-income single detached living units in housing projects with individual lots not more than 100 sq.m. –

Pooled parking at 1 slot/8 living units

2. Multi-family living units regardless of number of stories with an average living unit floor area of :

Up to 50 sq.m. Above 50 sq.m. to 100 sq.m. More than 100 sq.m.

1 slot/ 5 living units 1 slot/ 2 living units 1 slot/ living unit

3. Hotels 1 slot/ 6 rooms 4. Residential hotels and apartels 1 slot/ 3 units 5. Motels 1 slot/unit 6. Neighborhood shopping centers 1 slot/80 sq.m. shopping

area 7. Markets 1 slot/100 sq.m. shopping

floor area 8. Malls 1 slot/20 sq.m. rentable area 9. Restaurants, fast food centers, bars and beer

houses 1 slot/25 sq.m. customer area

10. Night clubs, super clubs and theater restaurants 1 slot/15 sq.m. customer




floor area 11. Office buildings 1 slot/100 sq.m. gross floor

area 12. Pension/boarding/lodging houses 1 slot/15 beds 13. Other buildings in business/commercial zones 1 slot/100 sq.m. gross floor

area 14. Public assembly buildings such as theaters,

cinemas, auditoria, stadia, etc. 1 slot/40 sq.m. spectator area

15. Places of worship and funeral parlors 1 slot/50 sq.m. congregation area

16. Schools Elementary, secondary, vocational and trade

schools Colleges and universities

1 slot/8 classrooms 1 slot/3 classrooms

17. Hospitals 1 slot/20 beds 18. Recreational facilities

Bowling alleys Amusement centers

Clubhouses, beach houses and the like

1 slot/ alley 1 slot/25 sq.m. gross floor area 1 slot/75 sq.m. gross floor area

19. Factories, manufacturing establishments, mercantile buildings, warehouses and storage bins

1 car slot/1,000 sq.m. gross floor area

20. Tourist bus parking areas 2 bus slots/hotel or theater restaurants

21. Golf courses 1 slot/20 sq.m. of bldgs. 22. Cockpit 1 slot/20 sq.m. of gross floor

area

Section 60. ADVERTISING AND BUSINESS SIGNS. Advertising and business signs to be displayed or put to the public view, in any of the districts herein enumerated, must comply with existing rules and regulations or those which may later on, be enacted by the city/national government. They shall in no way obstruct the road right-of-way and parking spaces. They shall be within the property line not causing disturbance to the line of sight of vehicles.

Section 61. ARCADES. For buildings located along P. Acharon Avenue, Santiago Blvd., Laurel Avenue, Pioneer Avenue, Roxas Avenue, Osmeña Avenue, Magsaysay Avenue and the National Highway and other major commercial areas, a minimum of 3 meters arcade shall be observed.

Section 62. STORMWATER MANAGEMENT.

Stormwater shall be disposed from the site in a manner that will not increase the risk of flooding to downstream properties.




Section 63. EASEMENT.

Pursuant to the provisions of the Water Code the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a Zone of three (3) meters in urban areas; twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins, are subject to easement of public use in the interest of recreation, navigation, floatage, fishing and salvage. Furthermore in accordance with the Fisheries Code thirty (30) meters from the shore seawards may be developed for piers, etc. and for restaurants. No person shall be allowed to stay in this area longer than what is necessary for space or recreation, navigation, floatage, fishing or salvage or to build structures of any kind. No residential facility shall be allowed therein.

Section 64. BUFFER REGULATIONS.

A buffer of 3 meters shall be provided on each side along the entire zone boundary length between two or more conflicting zones. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of the yard or open space, and include a solid concrete or masonry wall on the boundary at least three (3.0) meters high and constructed as part of the industrial or other conflicting development.

Section 65. TRAFFIC MANAGEMENT REGULATION. In order to address the pressing problems caused by traffic, the following regulations shall be observed: 1. Provision of jeepney and taxi stop bays in commercial establishments, malls, hotels and

restaurants, markets, terminals, schools and hospitals; 2. Limit stopping of vehicles along busy streets and other major thoroughfares; 3. Provision of adequate parking spaces along major thoroughfares; 4. Provision of traffic control system along intersections; 5. Provision of pedestrian lanes and other facilities; and 6. Controlling growth of traffic generation by putting up a density cap in development areas.

Section 66. SPECIFIC PROVISIONS IN THE NATIONAL BUILDING CODE.

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

Section 67. SUBDIVISION PROJECTS. All owners and/or developers of subdivision projects shall in addition to securing a Locational Clearance be required to secure a Development Permit pursuant to provisions of PD 957 and its implementing rules and regulations or BP 220 and its implementing rules and regulations, and in the case of socialized housing projects in accordance with the procedures laid down in EO 71, series of 1993.




All subdivisions are to be treated as Consent on Merit proposal. Type 1 notification is required for less than 20 lots and Type 2 for 20 or more lots. For subdivision projects located in areas with irrigation facilities, they will not be allowed to develop the area until such time that the irrigation would have become dilapidated, closed or channeled to other service areas. However, the following minimum standards and implementing guidelines in the development of BP 220 projects shall be adopted by the city in the review and processing of subdivision applications: Civil Works

a. Foundation/Footing Minimum dimension - 50 cm. width x 200 cm. thick Minimum bar - 4 – 12 mm dia. def. bars both ways Minimum depth - 70 cm. from natural ground

b. Columns Minimum dimension - 15 cm. with a min. area of 300 sq.cm.

Minimum bar - 4 – 16 mm dia. def. bars with 8 mm dia. ties c. Zocalo/wall footing

Minimum dimension - 20 cm x 20 cm thick Minimum bars - 1-10 mm dia. Def. Bars Minimum depth - 50 cm. from natural ground level

d. Walls

Concrete hollow block (CHB) - 10 x 20 x 40 cm Minimum bar (vertical) - 10 mm spaced @ 60 cm. on center

• (horizontal) - 8 mm spaced every three layers •

I. Concrete mixture for footings, columns and zocalo:: Class A – 1:2:4

Pouring permit for footing, columns, and zocalo is a requirement to be issued by the City Engineers Office with concurrence by the Office of the City Planning & Development Coordinator.

Pre-fabricated housing type

Random testing to be conducted by the Office of the City Engineer per specification submitted.

Plumbing Works

a. Wastewater from kitchen sink, lavatory and floor drain will flow directly to the drainage.

b. Sanitary line to septic tank.




Electrical Works

a. Main power panel – circuit breaker b. Other works must conform to the latest edition of the National Electrical Code of the

Philippines

Specifications

a. Brand name and kind of materials to be used must be specified properly

Land Development

a. Lot elevation should be at least 30 cm. higher that the road elevation. b. Minimum road width should be 8.00 meters. c. Minimum thickness of road sub-base (optional) – 15 cm. subject for testing to be

conducted by the Office of the City Engineer. d. Minimum thickness of road base – 15 cm. (Item 201) subject for Field Density Test

(FDT) by City Engineers Office. e. Minimum thickness of pavement for concrete – 15 cm. (mixture should be 1:2:3) Pouring permit from CEO is required with concurrence by OCPDC.

f. Depressed portion of the subdivision that requires filling materials will be required to

pass a California Bearing Ratio test (CBR) to be conducted by the CEO.

Monitoring and Inspection

a. The assigned inspectorate team under the Development Control Committee will be monitoring the project for the whole duration of the development.

b. Inspection will be conducted prior to issuance of pouring permit. c. The inspectorate team shall conduct a monthly monitoring to check compliance with

the provisions/conditions in the approval of development permit.

For simple subdivisions: Drainage plan and material specifications on detail will be submitted.

A minimum of 3.00-m. chaplan will be required for road intersections.

Section 68. INNOVATIVE TECHNIQUES OR DESIGNS. For projects that introduce flexibility and creativity in design or plan such as but not limited to Planned Unit Development, housing projects covered by New Town development under RA 7279, BLISS commercial complexes, Landfill and Sewerage Facilities, etc., the Development Control Committee shall treat them as Consent on Merit proposals.

Section 69. DEVIATION. Deviations from the provisions of this Ordinance may be allowed by the City Zoning Board of Adjustment and Appeals (CZBAA) only when the following terms and conditions are existing:




a. The deviation is limited to design standards and not to land use; b. The deviation will be in harmony with the objectives listed in this Ordinance; c. Conforming to the provisions of the Ordinance is unreasonably difficult due to

physical conditions of the property (topography, shape, etc.) which is not self created;

d. The proposed deviation is the minimum deviation necessary to permit reasonable use of the property;

e. The deviation will not adversely affect the appropriate use of adjoining properties; f. The exception will not alter the essential character and general purpose of the Zone

where the deviation sought is located; g. The deviation will not weaken the general purpose of the Ordinance and will not

adversely affect the public health, safety or welfare; h. The proposed project shall support economic based activities/provide livelihood, vital

community services or facilities.

Section 70. VIOLATION AND PENALTY. Persons who violate any of the provisions of this Ordinance, shall, be meted with fines and penalties as provided in Section 19, of this Ordinance. In case of violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officers thereof.

ARTICLE VI REZONING

Section 71. REZONING.

All proposals for rezoning or changing this Zoning Ordinance in any way shall be considered by the Sangguniang Panlungsod. Matters that the proposed changes shall be assessed against are the following:

a. Will the proposal’s negative aspects outweigh its benefits? b. What will be the impact of the project on the environment and surrounding uses

within 1,000 meters radial distance? c. Can the site be adequately serviced by physical infrastructure – power, water,

stormwater drainage, sewerage, telecommunications, and transportation? d. Do community facilities and services adequately service the site – eg: schools,

childcare, health services, recreation facilities, religious facilities, community welfare services, etc.

e. The Development Control Committee, Zoning Officer, Zoning Enforcement Officer, City Zoning Board of Adjustment and Appeals shall provide technical assistance to the Sangguniang Panlungsod on rezoning matters.

Section 72. AMENDMENTS TO THE ZONING ORDINANCE.

Changes in the Zoning Ordinance shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be subject to public hearing and shall be carried out through an ordinance of three-fourths vote of the Sangguniang Panlungsod.




ARTICLE VII

OTHER MATTERS

Section 73. CERTIFICATE OF NON-CONFORMANCE. Upon approval of the Zoning Ordinance, all land uses that do not conform in a zone as provided for by the Ordinance shall be considered non-conforming. The Zoning Officer shall immediately notify in writing owners of all uses considered as non-conforming. The owner of the structure or operator of the activity involved shall apply for a Certificate of Non-Conformance within six (6) months from the ratification of the Zoning Ordinance by the HLURB. Failure on the part of the owner to register/apply for a certificate of non-conformance shall be considered in violation of the Zoning Ordinance and is subject to fines/penalties/closure. Upon granting of Certificate of Non-conformance, such shall be subject to monitoring. Expansion of a Non-conforming use is prohibited as provided for in Section 8 and will be considered as grounds for Sangguniang Panlungsod to disallow continued operation of the same.

Section 74. ISSUANCE OF BUSINESS AND OTHER LOCAL PERMITS.

Subject to the pertinent legalities, business license, mayor’s and other local permits may only be issued upon compliance with the provisions of this Ordinance or satisfactory proof of non-coverage thereof, including but not limited to payment of fees, surcharge, fines and compliance with sanctions which may have been properly imposed.

Section 75. OWNER/OPERATOR/TENANT RESPONSIBILITIES.

At all times the owner of a property is responsible for activities undertaken on said property. Operators or Tenants are also responsible for activities undertaken by them.


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Ordinance No. 11 Series of 2013 - 19th Sangguniang ...

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