Professional Documents
Culture Documents
Province of Pampanga
Municipality of San Simon
Office of the Sangguniang Bayan
PROPOSED MUNICIPAL ORDINANCE NO. ________
Series of 2014
AN ORDINANCE PRESCRIBING THE COMPREHENSIVE LAND
USE AND ZONING OF THE MUNICIPALITY OF SAN SIMON
PURSUANT TO THE LOCAL GOVERNMENT CODE OF 1991 AND
OTHER PERTINENT LAWS.
WHEREAS, Rule VII, Article 41 of the Implementing Rules and Regulations (IRR)
of Republic Act 7160 or otherwise known as the Local Government Code of 1991 (LGC)
provides that Local Government Units (LGUs) shall in conformity with existing laws
continue to prepare their respective comprehensive land use plans enacted through a zoning
ordinance which shall be the primary and dominant basis for future use of land resources;
WHEREAS, the Local Government Code further provides that the requirements for
food production, human settlements, and industrial expansion shall be taken into
consideration in the preparation of the comprehensive land use plan;
WHEREAS, as a policy recommending body of the Local Government Unit, the
Local Development Council initiated the formulation and updating of the land use plan, in
consultation with the concerned sectors in the municipality which was submitted to the
Sangguniang Bayan for enactment into a zoning ordinance as provided for by Executive
Order No. 72, Section 1 (a);
NOW THEREFORE:
BE IT ORDAINED, by the Sangguniang Bayan assembled that:
Section 1. This Ordinance shall be known as the San Simon Comprehensive Land Use Plan
and Zoning.
Section 2. AUTHORITY. This Ordinance is enacted pursuant to the provisions of the
Local Government Code of 1991 (RA 7160), Rule VII, Article 41 of its Implementing Rules
and Regulations and the Executive Order No. 72 of the President of the Philippines.
Section 3. PURPOSE. This Ordinance is enacted to achieve the following purpose:
a. To promote and protect public health, safety, peace, morale, comfort, convenience
and the general welfare of the inhabitants of the municipality of San Simon;
b. To guide, control and regulate the future growth and development of the
municipality of San Simon located in the province of Pampanga;
c. To protect the character and stability of residential, commercial, industrial,
institutional, agricultural, open space and other functional areas within the locality
and promote the orderly and beneficial development of the same;
d. To provide adequate light, air, privacy and convenience of access to property and to
ensure safety from fire and other dangers;
e. To prevent overcrowding on land and undue concentration of population;
f. To regulate the location and use of buildings and land in such a manner as to obviate
the danger to public safety caused by undue interference with existing or prospective
traffic movement on streets and thoroughfares.
__________________
Councilor
_______________
Councilor
______________________
Councilor
__________________
Councilor
_______________
Councilor
______________________
Councilor
__________________
Councilor
_______________
Councilor
______________________
Councilor
__________________
ABC President
_______________
SK President
_______________________
Municipal Vice Mayor
Presiding Officer, Sangguniang Bayan
__________________________
Municipal Mayor
3. Promote and protect the health, safety, peace, comfort, convenience and general
welfare of the inhabitants in the municipality.
Section 4. General Zoning Principle. This Zoning Ordinance is based on San Simon
Comprehensive Land Use Plan as per Ordinance No. ____ dated __________________
and duly enacted by the Sangguniang Bayan of the municipality of San Simon, Pampanga.
ARTICLE III
DEFINITION OF TERMS
Section 5. 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 meaning corresponding to and
indicated as follows:
"Actual Use" - refer to the purpose for which the property is principally or
predominantly utilized by the person in possession of the property.
"Agricultural Zone (AGZ)" an area within a municipality intended for
cultivation/fishing and pastoral activities e.g. fish, farming, cultivation of crops, goat/cattle
raising, etc.
"Agro-Industrial Zone (AIZ)" an area within a municipality intended primarily for
integrated farm operations and related product processing activities such as plantation for
bananas, pineapple, sugar, etc.
"Accessory Use" - A use customarily subordinate or incidental to the principal use of the
building and located on the same lot with such principal use of the building.
"Allowable Land Use" - Land use that conforms with the uses allowed in a specific zone.
"Aquaculture" - fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh, brackish and marine water areas.
"Block" The combined area of one or more lots forming a street block bounded by more
than two streets.
"Buffer Area" These consists of 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 are allowed.
"Building" Any structure having a roof supported by columns or walls. The term
building includes the term structure.
"Building Density" The quantity of a building/s distributed over a lot area controlled by
a maximum Floor Area Ratio (FAR).
"Building Footprint" The physical extent of a building outlined on the lot or property
where it stands.
"Building Height Limit (BHL)" - the maximum height allowed for structures or
buildings expressed as number of floors or stories.
"Building Permit" Written permission issued by the proper municipal authority for the
construction, repair, alteration or addition to a structure.
"Built-up-area" A contiguous grouping of ten (10) or more structures.
"Central Business District" Shall refer to areas designated principally for trade services
and business purposes (Commercial 1 Zone).
"Certificate of Non-Conformance" Certificate issued to owners of all uses existing prior
to the approval of the Zoning Ordinance, which do not conform to a zone as per provision
of the said Ordinance.
"Corner Lot" A lot or parcel of land abutting upon two or more streets at their
intersection or upon two parts of the same street.
"Commercial Uses" - uses that pertain to business, trade and service activities.
"Floor Area Ratio (FAR)" The ratio between the gross floor area of a building and the
area of the lot on which it stands, determined by dividing the gross floor area 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.
"Funeral Establishment" - includes funeral parlors, funeral chapels and any similar place
used in the preparation, storage and care of the body of a deceased person for burial or
cremation.
Funeral Establishments shall be classified as follows:
a. Category I - funeral establishments with chapels and embalming facilities and
offering funeral services;
b. Category II - funeral establishments with chapels and offering funeral services
without embalming facilities; and
c. Category III - funeral establishments offering only funeral services from the house of
the deceased to the burial place.
"Gross Floor Area (GFA)" The GFA of a building is the total floor space within the
perimeter of the permanent external building walls occupied by: office areas; residential
areas; corridors; lobbies; mezzanine; vertical penetrations, which shall mean stairs, fire
escapes, elevator shafts, vertical ducts and the like and their enclosing walls; rest rooms or
toilets; machine rooms and closets; storage rooms and closets; covered balconies and
terraces; interior walls and columns, and other interior features;
But excluding: covered areas used for parking and driveways, including vertical penetrations
in parking floors where no residential or office units are present; uncovered areas for AC
cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or
swimming pools, whirlpools or Jacuzzis, gardens, courts or plazas.
"Historical Building, Structure or Landmark" A structure or place of outstanding
historical and cultural significance and designated as such by the national or local
government.
"Historic Preservation Development" The protection, rehabilitation and restoration of
districts, buildings, structures and artifacts significant in history, architecture, archeology or
culture.
"HLURB/Board" shall mean the Housing and Land Use Regulatory Board.
"Industrial Uses" - uses that pertain to light, medium and certain types of heavy industries,
with the following definitions:
Light Industrial Uses (I-1)- a subdivision of an area principally for the following
types of industries: non-pollutive/non-hazardous and non-pollutive/hazardous.
Medium Industrial Uses (I-2) - an area within the municipality principally for the
following types of industries: pollutive/non-hazardous and pollutive/hazardous.
Heavy Industrial Uses (I-3) - a subdivision of an area principally for the following
types of industries: a. highly pollutive/non-hazardous, highly pollutive/hazardous,
highly pollutive/extremely hazardous, pollutive/extremely hazardous, nonpollutive/extremely hazardous.
"Institutional Uses" - uses that pertain to the provision of government, social, religious,
educational, cultural, police/military and other services such as, but not limited to,
government offices, schools, hospitals/clinics, academic/research, convention centers and
police stations.
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receivers, valves and all buildings and structures relating to the furnishing of utility services
such as electric, gas, telephone, water, sewer, and public transit to the public.
"Residential Uses" - uses that pertain to dwelling/housing purposes and their customary
accessory facilities.
Low Density Residential Zone (R-1) - an area within the municipality principally
for dwelling/housing purposes with a density of 20 dwelling units and below per
hectare.
Medium Density Residential Zone (R-2) - an area within the municipality
principally for dwelling/housing purposes with a density of 21 to 65 dwelling units
per hectare.
Land Use Conversion - refers to the act or process of changing the current physical
use of a piece of agricultural land into some other use or for another agricultural use
other than the cultivation of the soil, planting crops, growing of trees, including
harvesting of produce therefrom, as approved by DAR. The same shall be in
accordance with the provisions of Republic Act No. 6657 (Comprehensive Agrarian
Reform Law of 1988), Republic Act No. 8435 (Agriculture and Fisheries
Modernization Act), DAR Administrative Order No. 01-02 (The Comprehensive
Rules on Land Conversion), as amended.
Section 4 of DAR AO No. 01-02 provides areas non-negotiable for
conversion and applications shall not be given due course even when some
portions thereof are eligible for conversion. The following are the areas:
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Free trade zone - an isolated policed area adjacent to a port of entry (as a seaport)
and/or airport where imported goods may be unloaded for immediate transshipment
or stored, repacked, sorted, mixed, or otherwise manipulated without being subject
to import duties. However, movement of these imported goods from the free-trade
area to a non-free-trade area in the country shall be subject to import duties.
"Zoning" - the legislative act of delineating areas or districts within the territorial
jurisdictions of cities and municipalities that may be put to specific uses and their regulation,
subject to the limitations imposed by law or competent authority.
"Zoning Administrator/Zoning Officer" - A municipal government employee
responsible for the implementation/enforcement of the Zoning Ordinance in a community.
"Zoning Map" - a map that reflects the sub-divisions of a community into zones or
districts according to present and potential uses of land to maximize, regulate and direct
their use and development in accordance with the Comprehensive Land Use Plan of the
municipality.
"Zoning Ordinance" - a local legal measure which embodies regulations affecting land use.
ARTICLE IV
ZONE CLASSIFICATIONS AND BOUNDARIES
Section 6. Division into Zones and Sub-zones. To effectively carry out the objectives of
this Zoning Ordinance, the Municipality is hereby divided into the following zones and subzones as shown in the Official Zoning Map.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Section 7. Description of Zones. The intent and purpose of each zone is described below.
1) Residential Zone - This is a Zone principally for dwelling /housing purposes. Accessory
Uses that will be allowed are those that provided basic support to residences to include
home occupation as well as neighborhood scale retail, service, recreational and
institutional activities.
a.
b.
2) Commercial Zone - This is a Zone intended for commercial activities. Allowed within
the zone are trade, service and business activities. This zone shall be characterized mainly
by buildings/structures for commercial, trade and business activities.
a.
b.
3) Industrial Zone (INZ) - This is a Zone intended for industrial purposes, including light,
medium and certain types of heavy industrial activities. The Principal Use for this zone is
industrial to include:
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13
LOCATION
Residential Zones
R-1
R-2
ZONE CLASSIFICATION
LOCATION
Commercial Zones
C-1
C-2
I-2
I-3
ZONE CLASSIFICATION
LOCATION
North- San Nicolas, San Pedro and San
Pablo Libutad;
West- Eastern part of Barangay Dela Paz;
South- Santa Monica, San Juan, San Jose,
Santo Nio, Santa Cruz and San Miguel;
East- Concepcion.
5. Agro-Industrial Zone
(AIZ)
c. Buffer Zone
ARTICLE V
ZONE REGULATIONS
Section 11. General Provisions. The uses enumerated in the succeeding sections are neither
exhaustive nor all-inclusive. The LOCAL ZONING BOARD OF ADJUSTMENT AND
APPEALS (LZBAA) shall, subject to the requirements of this Article, allow other uses not
enumerated hereunder provided that they are compatible with the uses expressly allowed.
Allowance of further uses shall be based on the intrinsic qualities of the land and the socioeconomic potential of the locality with due regard to the maintenance of the essential
qualities of the zone.
Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within
the zone of higher density (R-2), but not vice versa, nor in another zone and its subdivisions
(e.g. C-1, C-2), except for uses expressly allowed in said zones, such that the cumulative
effect of zoning shall be intra-zonal and not inter-zonal.
The allowable land uses and maximum building densities/heights in the zones and sub-zones
defined in this Ordinance are enumerated in the succeeding sections:
1. Allowable land uses are specified according to Principal Uses and Accessory Uses.
Principal Uses define the dominant use of a zone/lot while Accessory Uses support the
Principal Uses allowed in a zone/lot.
2. A Principal Use/s shall be the dominant use/s in a lot. The dominant use of a lot shall
be determined as follows:
a. In Residential and Institutional zones, the dominant use is the use that occupies the
largest building Gross Floor Area in a lot.
b. In Commercial zones, the dominant use is the one that has the largest revenue
raising capacity regardless of the area of the lot that is occupied by such use.
c. In all other zones, the dominant use is the use that occupies the largest area of the
lot.
3. An Accessory Use shall be allowed only with the presence of a Principal Use in the same
lot.
4. A use or structure that is indicated as both an Accessory Use and a Principal Use for a
specific zone/lot shall be interpreted to be a Principal Use.
5. Building density shall be controlled by a maximum Floor Area Ratio. Floor Area Ratio
(FAR) is defined as the ratio between the Gross Floor Area (GFA) of a building and the
area of the lot on which it is built. The total GFA of any building or buildings in a lot
should not exceed the prescribed maximum FAR multiplied by the lot area. Unless
otherwise prescribed in this Ordinance, prescribed maximum FARs shall apply only to
developable lots and not to roads and other lots or parcels of land not intended for
vertical development.
6. In zones where no maximum FAR is prescribed, building density is limited by maximum
building height and yard/setback restrictions.
Section 12. Low Density Residential Zone. (R-1)- An R-1 shall be used principally for
housing/dwelling purposes so as to maintain the peace and quiet of the area within the zone
with a density of 20 dwelling units and below per hectare. The following are allowable uses:
1. Principal Uses:
a. Detached Family Dwelling
b. Semi-detached family dwelling e.g. duplex, rowhouse
c. Customary accessory uses like:
Servants quarter
Private garage
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Guardhouse
d. Home occupation for the practice of one's profession or for engaging an in-house
business such as dressmaking, tailoring, baking, running a sari-sari store and the like,
provided that:
The number of persons engaged in such business/industry shall not exceed five
(5), inclusive of the owner;
There shall be no change in the outside appearance of the building or premises;
No home occupation shall be conducted in any customary accessory uses cited
above;
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 in a required front yard;
No equipment or process shall be used in such home occupation which creates
noise, vibration, glare, fumes, odors or electrical interference detectable to the
normal senses and visual or audible interference in any radio or television
receivers or causes fluctuation in line voltage off the premises.
e. Home industry classified as cottage industry provided that:
Such home industry shall not occupy more than thirty percent (30%) of the
floor area of the dwelling unit. There shall be no change or alteration in the
outside appearance of the dwelling unit and shall not be a hazard/nuisance;
Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI);
Shall consider some provisions as enumerated in the last three provisions of
letter d, Home Occupation, this section.
f. Recreational facilities for the exclusive use of the members of the family residing
within the premises, such as:
Swimming pool
Pelota court
Others
g. Religious use
h. Multi-purpose/Barangay hall
i. Pre-school
j. Sports club
k. Clinic, nursery and convalescing home, health center
l. Plant nursery
6. elementary school
7. high school
Building Height Limit
Fifteen (15) meters per the National Building Code
Exempted from the imposition of height regulations in R-2 zone are church structures,
covered courts, utility and other structures not covered by the height regulations of the
National Building Code and/or the Air Transportation Office.
Section 14. Low Density Commercial (C 1). 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 allowable uses:
1. Offices like:
a. office building
b. office condominium
2. General retail stores and shops like
a. department store/shopping center
b. bookstore and office supply shop
c. car shop
d. home appliance store
e. photo shop
f. flower shop
3. Food markets and shops like:
a. bakery and bake shop
b. wine store
c. grocery
d. supermarket
4. Personal services shops like:
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic
d. dressmaking and tailoring shops
5. Recreational center/establishments like:
a. movie house /theater
b. play court e.g. tennis, bowling, billiard
c. swimming pool
d. day and night club
e. stadium, coliseum, gymnasium
f. other sports and recreational establishments
6. Restaurants and other eateries
7. Short term special education like:
a. dancing schools
b. schools for self-defense
c. driving schools
d. speech clinics
8. Storeroom and warehouse but only as may be necessary for the efficient conduct of
the business
9. Commercial housing like:
a. hotel
b. apartment
c. apartel
d. boarding house
e. dormitory
f. pension house
g. club house
h. motel
10. Commercial condominium (with residential units in upper floors)
11. Embassy/consulate
12. Library, museum
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13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
nuclear,
Section 16. Industrial Zone. This zone shall be used primarily for light, medium and heavy
industrial use developments on a municipal and sub-regional scale of operations geared
towards general industrial uses. The following uses are allowed:
1. Principal Uses
Light Industrial Uses (I-1)
A. non-pollutive/non-hazardous industries
1. Fish drying
2. Biscuit factory - manufacture of biscuits, cookies, crackers and other similar dried bakery
products
3. Doughnut and hopia factory
4. Other bakery products n.e.c.
5. Manufacture of macaroni, spaghetti and vermicelli and other noodles
6. Life belts factory
7. Manufacture of luggage, handbags, wallets, and small leather goods
8. Manufacture of miscellaneous products of leather and leather substitutes and those n.e.c.
9. Manufacture of products of leather and leather substitutes, except footwear and
wearing apparel
10. Manufacture of shoes except rubber, plastic or wood
11. Manufacture of slippers and sandals, except rubber and plastic
12. Manufacture of footwear, except vulcanized or molded rubber or plastic footwear
13. Printing, publishing and allied industries and those n.e.c.
14. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and
accounting machines
15. Manufacture or assembly of electronic data processing machinery and accessories
16. Renovation and repair of office machinery
17. Manufacture or assembly of miscellaneous office machines and those n.e.c.
18. Manufacture of rowboats, bancas, sailboats
19. Manufacture of animal drawn vehicles
20. Manufacture of children vehicles and carriages
21. Manufacture of laboratory and scientific instruments, ammeters, barometers, chemical
balance, etc.
22. Manufacture of measuring and controlling equipment, plumb bob, rain gauge, taximeter,
thermometer, etc.
23. Manufacture or assembly of surgical, medical, dental equipment and medical furniture
24. Manufacture or assembly of surgical/medical supplies: adhesive tapes, antiseptic
dressings, sanitary napkins, surgical gauge, etc.
25. Quick freezing and cold packaging for fruits and vegetables
26. Quick freezing and cold packaging for fish and other sea food
27. Manufacture of hats, gloves, handkerchiefs, neckwear and related clothing accessories
28. Manufacture of orthopedic and prosthetic appliances: abdominal supporter, ankle
supports, arm support, artificial limb, kneecap supporter, etc.
29. Popcorn/rice factory
30. Manufacture of photographic equipment and accessories
31. Manufacture or assembly of optical instruments
32. Manufacture of optical lenses
33. Manufacture of eyeglasses and spectacles
34. Manufacture of watches and clocks
35. Manufacture of pianos
36. Manufacture of stringed instruments
37. Manufacture of wind and percussion instruments
38. Manufacture or assembly of electronic organs
39. Manufacture of sporting gloves and mitts
40. Manufacture of sporting balls not of rubber or plastic
41. Manufacture of gym and playground equipment
42. Manufacture of sporting tables: billiards, pingpong, pool
43. Manufacture of other sporting and athletic goods
44. Manufacture of dolls and toys except rubber and plastic moulds
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45. Manufacture of pens, pencils and other office and artist materials
46. Manufacture of umbrella and canes
47. Manufacture of buttons except plastic
48. Manufacture of brooms, brushes and fans
49. Manufacture of needles, pens, fasteners and zippers
50. Manufacture of signs and advertising displays
51. Small-scale manufacture of ice cream
52. Manufacture of jewelries
53. Manufacture of concrete hollow blocks and other concrete products
B. non-pollutive/hazardous industries
1. Manufacture of home furnishing and television receiving sets
2. Textile bag factories
3. Canvass bags and other canvass factory
4. Jute bag factory embroideries and weaving apparel
5. Manufacture of miscellaneous textile goods, embroideries and weaving apparel
6. Manufacture of fiber batting, padding and upholstery filling except oil
7. Mens and boys garment factory
8. Womens and girls garment factory
9. Manufacture of rain coats and waterproof outer garments except jackets
10. Manufacture of miscellaneous wearing apparel except footwear and those n.e.c.
11. Manufacture of miscellaneous fabricated millwork and those n.e.c.
12. Manufacture of wooden and cane containers
13. Manufacture of bamboo, rattan and other cane baskets and wares
14. Sawali, nipa and split cane factory
15. Manufacture of cork products
16. Manufacture of wooden shoes, shoe lace and other similar products
17. Manufacture of miscellaneous wood products and those n.e.c.
18. Manufacture of miscellaneous furniture and fixture except primarily of metals and those
n.e.c.
19. Manufacture of paper stationery, envelopes and related articles
20. Manufacture of dry ice
21. Repacking of industrial products e.g. paints, varnishes and other related products
Medium Industrial Uses (I-2)
A. Pollutive/Non-Hazardous Industries
1. Manufacturing and canning of ham, bacon and native sausage
2. Poultry processing and canning
3. Large scale manufacturing of ice cream
4. Corn mill/rice mill
5. Chocolate and cocoa factory
6. Candy factory
7. Chewing gum factory
8. Peanuts and other nuts factory
9. Other chocolate and confectionary products
10. Manufacturing of flavoring extracts
11. Manufacture of food products n.e.c (vinegar, vetsin)
12. Manufacture of fish meal
13. Oyster shell grading
14. Manufacture of medical and pharmaceutical preparations
15. Manufacture of stationery, art goods, cut stone and marble products
16. Manufacture of abrasive products
17. Manufacture of miscellaneous non-metallic mineral products n.e.c
18. Manufacture of cutlery, except table flatware
19. Manufacture of hand tools
20. Manufacture of general hardware
21. Manufacture of miscellaneous cutlery, hand tools and general hardware n.e.c
22. Manufacture of household metal furniture
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Parking structure
Fire/Security Station
Utility installation for use of zone/lot occupants
Public utility facility
Provided, however, that the public or private land use shall be subject to the rules and
regulations for memorial park/cemetery promulgated by the HLURB. Pursuant to Section
4, Rule III of the Implementing Rules and Regulations to Govern the Processing of
Applications for Locational Clearance of Funeral Establishments, as amended and issued by
the HLURB, the following are design standards and requirements for this zone, among
others:
"Section 4. Design Standards and Requirements
A. General Guidelines
1. Site Criteria
1.1. Conformity with Zoning Ordinance/Land Use Plan
a. Funeral Establishments shall be allowed in the following zones subject to
Rule III Sec. 4. A. 1. 1c
Category I
Category II
Category III -
b. Category II & III must have an existing valid contract with a Category I
establishment for embalming purposes.
c. Any shift or change from a lower Category to a Higher Category shall be
subject to Rule III Sec. 4.A.1.1.a; F and G of the rules.
1.2. Physical Suitability
No funeral establishment shall be allowed in flood prone areas.
1.3. Accessibility
a. The site must be served by a road and accessible by public transport.
b. Funeral establishment/s shall be at a minimum radial distance from the
following: 1) restaurants, food center and other food establishments- at least
25 meters; 2) markets- at least 50 meters; 3) abattoirs, schools and hospitals at least 200 meters.
xxx."
Memorial parks or cemeteries must also conform to the pertinent provisions of the
Sanitation Code, Water Code, National Building Code of the Philippines and its referral
codes, like the Accessibility Law, Plumbing Code, Electrical Code and other applicable laws
and rules affecting related services.
Building Height Limit
There is no fixed building height limits except those prescribed by the Air Transportation
Office (ATO) and other government regulations. Within these zones, building heights shall
be based on the prescribed Floor Area Ratio (FAR).
Section 20. Special Land Use - Socialized Housing Zone (SHZ). An SHZ shall be used
principally for socialized housing dwelling purposes for the underprivileged and homeless
defined in RA 7279. Allowable uses include all uses allowed in R-1 and R-2 zones.
Section 21. Special Land Use- Riverside Linear Park Zone/Transition Zone. The
following uses shall be allowed in this Zone.
1.
2.
3.
4.
5.
6.
Parks/gardens
Resort areas
Open air or outdoor sports activities and support facilities, including lowrise stadia, gyms, amphitheaters and swimming pools
Golf courses, ball courts, race tracts and similar uses
Memorial/shrine monuments, kiosks and other park structures
Sports club
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A.1. LOW DENSITY RESIDENTIAL ZONE (R-1) - In R-1 Zone, allowed density is
twenty (20) dwelling units and below per hectare;
A.2. MEDIUM DENSITY RESIDENTIAL ZONE (R-2) - In R-2 Zone, allowed density is
twenty one to sixty-five (21 to 65) dwelling units per hectare;
B. ALL OTHER ZONES
There is no fixed maximum density but should be based on the planned absolute level of
density that is intended for each concerned zone based on the Comprehensive Land Use
Plan.
Section 25. Height Regulations - Building heights must conform to the height restriction
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 other laws, Ordinance, rules and
regulations related to land development and building construction and the various safety
codes.
Section 26. Exemptions from Height Regulation in R-1 and R-2. Exempted from the
imposition of height regulations in residential zones are the following: towers, church
steeples, water tanks and other utilities and such other structures not covered by the height
regulations of the National Building Code and/or the Air Transportation Office (ATO).
Section 27. Area Regulations. Area regulations in all zones shall conform to the applicable
minimum requirements of existing codes such as:
1. PD 957, "Subdivision and Condominium Buyers' Protective Law" and its revised
implementing rules and regulations;
2. Batas Pambansa 220, "Promulgation of Different Levels of Standards and Technical
Requirements for Economic and Socialized Housing Projects" and its revised
implementing rules and regulations;
3. RA 7279, Urban Development Housing Act;
4. PD 1096, National Building Code;
5. PD 1185, Fire Code;
6. PD 856, Sanitation Code;
7. RA 6541, Structural Code;
8. Plumbing Code
9. Batas Pambansa 344, Accessibility Law;
10. Republic Act No. 7586, "National Integrated Protected Areas System Act of 1992"
and its Implementing Rules and Regulations;
11. Republic Act No. 8435, "Agriculture and Fisheries Modernization Act of 1997" and
its Implementing Rules and Regulations;
12. Republic Act No. 10121, "Philippine Disaster Risk Reduction and Management Act
of 2010" and its Implementing Rules and Regulations;
13. Rules and Regulations, Town Planning and Zoning Program; and
14. Other relevant guidelines promulgated by the national agencies concerned.
Section 28. Road Setback Regulations. The following road setback regulations shall be
applied.
ROAD SETBACK
Zoning
Classifications
Major Thoroughfares
30m & above
National/Diversion
Road
Secondary Roads
Tertiary
Provincial Road
Municipal/Baranga
y Road
Residential
10m.
10m.
3m.
Commercial
20m.
20m.
7m.
Industrial
30m.
25m.
10m.
30
Agricultural
20m.
20m.
7m.
Agro-Industrial
30m.
25m.
10m.
Institutional
20m.
20m.
10m.
10m.
10m.
3m.
Special Conservation
Area
30m.
25m
10m.
on
easements
Adjustment and Appeals (LZBAA) may require other standards, when deemed necessary, to
ensure land use and neighborhood compatibility.
Further, all land uses, developments or constructions shall conform to the noise, vibration,
smoke, dust, dirt and fly ash, odors and gases, glare and heat, industrial wastes, sewage
disposal, storm drainage, pollution control, and other similar environmental standards of the
National Building Code, the Clean Air Act, the Ecological Solid Waste Management Act, the
Structural Code of the Philippines, and other applicable laws, rules and regulations.
1. Environmental Conservation and Protection Standards. It is the intent of this Ordinance to
protect the natural resources of the municipality. In order to achieve this objective, all
developments shall comply with the following regulations:
1. Views shall be preserved for public enjoyment especially in sites with high
scenic quality by closely considering building orientation, height, bulk,
fencing and landscaping.
2. Heavy water using industrial (e.g. soft drink bottling), recreational (golf
courses, water theme parks and the like) and other facilities that will
cause excessive and non-sustainable draw-out of groundwater shall not
be allowed to locate within the municipality unless the proponent proves
that their water requirement will not be detrimental to the residents;
3. Land use activities shall not cause the alteration of natural drainage
patterns or change the velocities, volumes, and physical, chemical, and
biological characteristics of storm water.
Streams, watercourses,
wetlands, lakes or ponds shall not be altered, regraded, developed, piped,
diverted or built upon;
4. All developments shall limit the rate of storm water runoff so that the
rate of runoff generated is no more than that of the site in its natural
condition;
5. All developments shall undertake the protection of rivers, streams, lakes
and ponds from sedimentation and erosion damage;
6. The internal drainage systems of developments shall be so designed as
not to increase turbidity, sediment yield, or cause the discharge of any
harmful substances that will degrade the quality of water. Water quality
shall be maintained according to DENR DAO No. 34 Revised Water
Usage and Classification/Ambient Water Quality Criteria;
7. Municipal and industrial wastewater effluents shall not discharge into
surface and groundwater unless it is scientifically proven that such
discharges will not cause the deterioration of the water quality. Effluents
shall be managed according to DENR DAO No. 35 91 Establishing
Effluent Quality Standards for Class C Inland Waters;
8. Floodplains shall not be altered, filled and/or built upon without proper
drainage design and without proper consideration of possible inundation
effects on nearby properties;
9. All developments, particularly those in sloping areas, shall undertake
adequate and appropriate slope and erosion protection as well as soil
conservation measures;
10. Air quality at the point of emission shall be maintained at specified levels
according to DENR DAO No. 14 - Revised Air Quality Standards of
1992.
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2. Site Performance Standards. The municipality considers it in the public interest that all
projects are designed and developed in a safe, efficient and aesthetically pleasing
manner. Site development shall consider the environmental character and limitations
of the site and its adjacent properties. All project elements shall be in complete
harmony according to good design principles and the subsequent development must
be visually pleasing as well as efficiently functioning especially in relation to the
adjacent properties and bordering streets. The quality of every neighborhood shall
always be enhanced. The design, construction, operation and maintenance of every
facility shall be in harmony with the existing and intended character of its
neighborhood. It shall not change the essential character of the said area but will be
a substantial improvement to the value of the properties in the neighborhood and
the community.
Further, designs should consider the following:
a. Sites, buildings and facilities shall be designed and developed with regard
to safety, efficiency and high standards of design. The natural
environmental character of the site and its adjacent properties shall be
considered in the development of each building and facility.
b. The height and bulk of buildings and structures shall be so designed that it
does not impair the entry of light and ventilation, cause the loss of privacy
and/or create nuisances, hazards or inconveniences to adjacent
developments.
c. Abutments to adjacent properties shall not be allowed without the
neighbors prior written consent which shall be required by the Zoning
Administrator prior to the granting of a Locational Clearance;
d. The capacity of parking areas/lots shall be per the minimum
requirements of the National Building Code. These shall be located,
developed and landscaped in order to enhance the aesthetic quality of
the facility.
e. Developments that have lot areas of two hectares or more and/or which
attract a significant volume of public modes of transportation, such as
tricycles, PUJs, buses, etc., shall provide on-site parking for the same.
These should also provide vehicular loading and unloading bays so as
through street traffic flow will not be impeded.
f. Buffers, silencers, mufflers, enclosures and other noise-absorbing
materials shall be provided to all noise and vibration-producing
machinery. Noise levels shall be maintained according to levels specified
in DENR DAO No. 30 - Abatement of Noise and Other Forms of
Nuisance as Defined by Law.
g. Glare and heat from any operation or activity shall not be radiated, seen
or felt from any point beyond the limits of the property.
h. Fencing along roads shall be see-through and have a maximum height of
1.80 meters from the finish grade line. Fence base made of concrete,
hollow blocks, rock or any opaque material shall have a height of no
greater than 1.00 meter. Side and rear fencing between adjacent lots (not
facing a road) shall also have a maximum height of 1.80 meters, except
those used for Industrial purposes, and may be of opaque construction
material.
The side and rear fences of properties within the Industrial Zone shall
have maximum heights of 3.00 meters and may likewise be of opaque
construction material.
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ARTICLE VIII
MISCELLANEOUS PROVISIONS
Section 35. Projects of National Significance. Projects may be declared by the
National Economic and Development Authority (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 locational clearance shall be issued by
HLURB pursuant to EO 72.
Section 36. Environmental Compliance Certificate (ECC). Notwithstanding the
issuance of locational clearance under section 41 of this ordinance, environmentally critical
projects, projects located in environmentally critical areas and all other projects covered
under the Environmental Impact Assessment system shall not commence, or operate unless
the requirements of ECC have been complied with.
Section 37. Occupational Safety and Health Standards. Pursuant to the authority
granted to the Department of Labor and Employment under Article 162 of the Labor Code
of the Philippines and notwithstanding the issuance of locational clearance under Section 41
of this Ordinance, all places of employment shall comply with the provisions of the
Occupational Safety and Health Standards ("Standards"), as amended, except as otherwise
provided in the Standards.
The following shall be the duties of employers, workers and other persons, among others, as
prescribed in Rule 1005 of the Standards:
1. Each employer covered by the provisions of the Standards shall:
a. furnish his workers a place of employment free from hazardous conditions
that are causing or are likely to cause death, illness or physical harm to his
workers;
b. give complete job safety instructions to all his workers, especially to those
entering the job for the first time, including those relating to the
familiarization with their work environment, hazards to which the workers
are exposed to and steps taken in case of emergency;
c. comply with the requirements of the Standards; and
d. use only approved devices and equipment in his workplace.
2. Every worker shall cooperate with the employer in carrying out the provisions of the
Standards. He shall report to his supervisor any work hazard that may be discovered
in his workplace.
3. Every worker shall make proper use of all safeguards and safety devices furnished in
accordance with the provisions of this Standards for his protection and that of
others, and shall follow all instructions given by the employer in compliance with the
provisions of this Standards.
4. It shall be the duty of any person, including any builder or contractor or enforcement
agent, who visits, builds, renovates, or installs devices, or conducts business in any
establishment or workplace, to comply with the provisions of this Standards and all
regulations of the employer issued there under as well as with other subsequent
issuances of the Secretary.
Section 38. Subdivision Projects. All owners and/or developers of subdivision projects
shall, in addition to securing a locational clearance under this Ordinance, be required to
secure a development permit pursuant to provisions of Presidential Decree No. 957 and its
implementing rules and regulations or Batas Pambansa Bilang 220 and its implementing rules
and regulations in the case of socialized housing projects in accordance with the procedures
laid down in Executive Order 71, Series of 1993.
ARTICLE IX
MITIGATING DEVICES
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Section 39. Deviation. Exceptions, variances or deviations from the provisions of this
Ordinance may be allowed by the Local Zoning Board of Adjustment and Appeals
(LZBAA) only when the following terms and conditions are existing:
1. Variance
a. The property is unique and different from other properties in the adjacent locality
and because of its uniqueness; the owner/s cannot obtain a reasonable return on the
property.
This condition shall include at least three (3) of the following provisions:
Conforming to the provisions of the Ordinance will cause undue hardship on the
part of the owner or occupant of the property due to the physical conditions of the
property (topography, shape, etc.) which are not self-created.
The proposed variance is the minimum deviation necessary to permit reasonable use
of the property.
The variance will not alter the physical character of the district or zone where the
property for which the variance is sought is located, and will not substantially or
permanently injure the use of the other properties in the same district or zone.
That the variance will not weaken the general purpose of the Ordinance and will not
adversely affect the public health, safety or welfare.
2. Exceptions
a. The exception will not adversely affect the public health, safety and welfare and is in
keeping with the general pattern of development in the community.
b. The proposed project shall support economic-based activities; provide livelihood,
vital community services and facilities while at the same time posing no adverse
effect on the zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property in
the same district.
d. The exception will not alter the essential character and general purpose of the district
where the exception sought is located.
Section 40. Procedures for Granting Exceptions and Variances. The procedure for the
granting of exception and/or variance is as follows:
a. A written application for an exception or variance shall be filed with the Local
Zoning Board of Adjustment and Appeals (LZBAA) citing the section of this
Ordinance under which the same is sought and stating the ground/s thereof.
b. Upon filing of application, a visible project sign (indicating the name and nature of
the proposed project) shall be posted at the project site.
c. The LZBAA shall conduct preliminary studies on the application.
d. A written affidavit of non-objection of the project by the owners of the properties
adjacent to the project shall be filed by the applicant with the LZBAA at least fifteen
(15) days prior to the decision for exception/variance.
e. In case of objection, the LZBAA shall hold public hearings.
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f. At the hearing, any party may appear in person, or be represented by agent/s. All
interested parties shall be accorded the opportunity to be heard and present evidence
and testimonies.
g. The LZBAA shall render a decision within thirty (30) days from the filing of the
application, exclusive of the time spent for the preparation of written affidavit of
non-objection and the public hearing in case of any objection to the granting of
exception/variance.
ARTICLE X
ADMINISTRATION AND ENFORCEMENT
Section 41. Locational Clearance. All owners/developers shall secure locational
clearance from the Zoning Administrator/Zoning Officer, or in cases of variances and
exceptions, from the LZBAA prior to conducting any activity or construction on their
property/land.
Section 42. Building Permit. No building permit shall be issued by the Local Building
Official without a valid locational clearance issued in accordance with this Ordinance.
Section 43. Business Permit. The Business Permits and Licensing Office shall not issue a
Business Permit unless a valid Locational Clearance has been issued.
Section 44. Non-user of locational clearance. Upon issuance of a locational clearance,
the grantee thereof shall have one (1) 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 the said period shall result in its automatic expiration, cancellation and the
grantee shall not proceed with his project applying for a new clearance.
Section 45. Certificate of Non-Conformance. A Certificate of Non-Conformance shall
be applied for by the owner of the structure or operator of the activity involved within six
(6) months from the ratification of the zoning ordinance by the HLURB or Sangguniang
Panlalawigan (SP). Failure on the part of the owner to register/apply for a Certificate of
Non-Conformance shall be considered to be an act in violation of the Zoning Ordinance
and is subject to fine/penalties.
Upon approval of this Ordinance, the Zoning Administrator/Zoning Officer shall
immediately notify the owners of known existing non-conforming use to apply for a
Certificate of Non-Conformance.
Section 46. Existing Non-Conforming Uses and Buildings. The lawful uses of any
building, structure or land at the time of the adoption or amendment of this Ordinance may
be continued although such uses do not conform with the provision of this Ordinance
provided:
1. That 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
of land where such non-conforming use exists at the time if the adoption of this
Ordinance.
2. That no such non-conforming use which has ceased operations for more than one
(1) year be again revived as non-conforming use.
3. An idle/vacant structure may not be used for non-conforming activity.
4. That any non-conforming structure, or structures under one ownership which has
been damaged may be reconstructed and used as before provided that such
reconstruction is not more than fifty per cent (50%) of the replacement cost.
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Enforcement
Planning
Section 49. Action on Complaints and Oppositions. A complaint for violations of any
provision of the zoning ordinance or of any clearance or permit issued pursuant thereto shall
be filed with the LZBAA.
However, oppositions to application for clearance, variance or exception shall be treated as a
complaint and dealt with in accordance with the provision of this section.
Section 50. Functions and Responsibilities of the Local Zoning Board of Adjustment
and Appeals. There is hereby created a Local Zoning Board of Adjustment and Appeals
which shall perform the following functions and responsibilities:
A. Act on applications of the following nature:
1.
2.
3.
4.
Variances;
Exceptions;
Non-conforming uses; and
Complaints and opposition to applications.
the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises,
based on the following reasons/situations:
a.
b.
c.
d.
Section 54. Composition of the Local Zoning Review Committee (LZRC). The Local
Zoning Review Committee shall be composed of sectoral experts.
These are the local officials and civic leaders responsible for the operation, development and
progress of all sectoral undertakings in the locality, namely:
1. Municipal Planning and Development Coordinator;
2. Municipal Health officer;
3. Municipal Agriculturist;
4. President, Association of Barangay Captains;
5. Municipal Engineer;
6. Community Environment and Natural Resources Officer (CENRO);
7. Municipal Agrarian Reform Officer (MARO);
8. District School Supervisor;
9. Three (3) private sector representatives (Local Chamber of Commerce, Housing
Industry and Homeowners Association); and
10. Two (2) representatives from non-government organizations.
For purposes of policy and program coordination, the LZRC shall be attached to the
Municipal Development Council.
Section 55. Functions of the Local Zoning Review Committee (LZRC). The Local
Zoning Review Committee shall have the following powers and functions:
A. Review the Zoning Ordinance for the following purposes:
1. Determine amendments or revisions necessary in the Zoning Ordinance because of
changes that might have been introduced in the Comprehensive Land Use Plan.
2. Determine changes to be introduced in the Comprehensive Land use Plan in the
light of permits given, and exceptions and variances granted.
3. Identify provisions of the Ordinance that are difficult to enforce or are unworkable.
B. Recommend to the Sangguniang Bayan necessary legislative amendments and to the
local planning and development staff the needed changes in the plan as a result of
the review conducted.
C. Provide information to the HLURB that would be useful in the exercise of its
functions.
Section 56. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance
as a result of the review by the Local Zoning Review Committee shall be treated as an
amendment, provided that any amendment to the Zoning Ordinance or provisions thereof
shall be subject to public hearing and review evaluation of the Local Zoning Review
40
Committee and shall be carried out through a resolution of three-fourths (3/4) vote of the
Sangguniang Bayan. Said amendments shall take effect only after the approval and
authentication by HLURB or the Sangguniang Panlalawigan.
Section 57. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance shall, upon conviction, be punished by a fine not exceeding Two Thousand Five
Hundred (Php 2,500.00) Pesos or an imprisonment for a period not exceeding six (6)
months or both at the discretion of the Court. In case of violation by a corporation,
partnership or association, the penalty shall be imposed upon the erring officers thereof.
Section 58. 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 Municipality of San Simon.
Section 59. Separability Clause. Should any section or provision of this Ordinance be
declared by the Courts to be unconstitutional or invalid, such decision shall not affect the
validity of the Ordinance as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.
Section 60. Repealing Clause. All ordinances, rules or regulations in conflict with the
provisions of this Ordinance are hereby repealed, provided, that the rights that are vested
upon the effectivity of this Ordinance shall not be impaired.
Section 61. Effectivity Clause. This Ordinance shall take effect upon approval by the
Housing and Land Use Regulatory Board/Sangguniang Panlalawigan.
ENACTED.
AUGUST___, 2014.
MUNICIPALITY OF SAN SIMON, PAMPANGA.
APPROVED
______________________
Councilor
__________________
Councilor
_______________
Councilor
______________________
Councilor
__________________
Councilor
_______________
Councilor
______________________
Councilor
__________________
Councilor
_______________
Councilor
______________________
Councilor
__________________
ABC President
_______________
SK President
41
__________________________
Municipal Mayor
42
44