(PROPOSED ORDINANCE NO. 1007)

AN ORDINANCE ENACTING THE COMPREHENSIVE ZONING ORDINANCE FOR CALOOCAN CITY IN IMPLEMENTATION OF THE COMPREHENSIVE LAND USE PLAN AND FOR OTHER PURPOSES.

WHEREAS, Section 458 (2) paragraph vii, viii, and ix of Republic act No.7160, otherwise known as the Local Government Code of 1991,vests upon the Sangguniang Panlungsod, the authority todetermine and/or reclassify the use of all lands within the citysjurisdiction;

WHEREAS, said power can be exercised through the adoption of acomprehensive land use plan and the enactment of integratedzoning ordinances;

WHEREAS, this legislative measure is intended to maintain the stability ofresidential, commercial and industrial areas, as well as parksand open spaces within the City, and to address problemsrelated to public health and safety, peace and order, housing,squatting, resettlement, overcrowding and pollution.

NOW THEREFORE, BE IT ORDAINED,as it is hereby ordained, by theSangguniang Panlungsod in session duly assembled, that:

ARTICLE 1

SECTION 1. Title. -This Ordinance shall be known as the ComprehensiveZoning Ordinance for the City of Caloocan and shall hereinafter be referred to as the "Comprehensive Zoning Regulations".

ARTICLE II

AUTHORITY AND PURPOSE

SECTION 1. Authority. This Ordinance is enacted pursuant to theprovisions of the New Local Government Code, RA 7160 Section 458 a. 2 (7-9) and447 a. 2 (7-9), Authorizing the City/Municipality through the SangguniangPanlungsod to adopt Zoning Ordinance subject to the Provisions of existing law andin conformity with Executive Order No. 72.

SECTION 2. Purpose. -This ordinance is enacted to achieve the following purposes:

SECTION 3. Declared Zoning Principles. - Zoning is the division of the city into land use zones, the specification of patterns, nature and characteristics of usesand the provision of density, and environmental regulations in consonance with theapproved development plans and strategies, as well as land use policies and objectives of the community which have been prepared by the City DevelopmentCouncil and adopted by the Sangguniang Panlungsod.

ARTICLE III

DEFINITION OF TERMS AND RULES OF CONSTRUCTION

SECTION 1. Definition of Terms. - Words and phrases used in this ordinance are hereby defined in Annex "A" of this ordinance which is attachedherewith and made an integral part hereof, and they shall be construed as beingcovered by such terms.

SECTION 2. Construction and Interpretation of Terms. - The words and terms

employed in this ordinance shall be interpreted and understood liberally in thegeneric sense unless otherwise indicated and shall as far as practicable beconstrued in favor of applicants seeking to comply with the provisions hereof. The listing of uses shall unless otherwise indicated be similarly construed. In addition the following rules shall be observed:

generic terms, such as others, and the like, etc. shall be construed to mean as including all specific terms similar to or compatible with those enumerated;

the singular includes the plural, subject to density regulations;

the present tense includes the future tense;

the word "person" includes both natural and juridical persons;

the word "lot" includes the phrase plot parcel;

the term "shall" is always mandatory; and

a. To promote and protect public health, safety, peace, morals,

comfort,convenience and the general welfare of inhabitants of the City ofCaloocan;

b. To guide, control and regulate future growth and development inaccordance with the Land Use and Structure Plans for the City ofCaloocan;

c. To protect the character and stability of residential, commercial, industrial,institutional, parks and open spaces within Caloocan City and promote theorderly and beneficial development of the areas and the protection of the environment;

d. To provide adequate light, air, privacy and convenience of access toproperty and to insure 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 interferencewith existing or prospective traffic movements on streets and thoroughfares.

SECTION 10. Height Regulations

a.

Where an R1 district adjoins a C2 district without an intervening street or permanent open spaces over 6 meters in width and where zoning lots separated by district boundaries have adjacent front yards, the proposed structure fronting the R1 district shall be limited to a height of 12 meters or four-storey building whichever is lesser.

b. Where an R1, or R2 district adjoins a C2 or C3 without an intervening street or permanent open spaces over three (3) meters in width, the proposed structure of C2 or C3 district adjacent to R1 zone shall be limited to a height of nine (9) meters from the natural grade line to the top most part of the structure or three-storey building whichever is lower and shall provide for permanent open space over three (3) meters between adjoining land uses.

c. Where an R1, R2 or R3 district adjoins an I-1 or I-2 zone without an intervening street or permanent open spaces over eight (8) meters in width, the proposed industrial structure fronting the residential zone shall be limited to a height equivalent to 9 meters or three-storey building whichever is lower and shall provide for permanent open space over three (3) meters between adjoining land uses.

d. Structures within R-1 zones shall not exceed three (3) storeys or a height of ten (10) meters, from the natural grade line to the topmost part of the structure whichever is lower.

e. Structures within R-2 zones shall not exceed seven (7) storeys or a height of twenty-one (21) meters, from the natural grade line to the topmost part of the structure whichever is lower.

f. Structures within R-3 zones shall not exceed twelve (12) storeys or a height of thirty-six (36) meters, from the natural grade line to the topmost

the word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended", "arranged", designed to be "used or occupied".

SECTION 3. Interpretation of Zone Boundaries. - Whenever it is or becomes difficult or impracticable to determine the accurate location of zone boundaries, or to determine the land use zone to which lots located at or near such boundaries belong, the following rules shall be applicable:

When zone boundaries are indicated as approximately following the center line of streets or highway right-of-way lines, such as center lines, street lines, or highway right-of-way lines, shall be construed to be such boundaries.

Where zone boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, such district boundaries shall be construed as being parallel thereto and at such distance there from as indicated on the zoning map drawn to a scale of 1:10,000 meters.

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

When the boundary of a zone follows a railroad line, such boundary shall be deemed to be located 15 meters on either side of the center line of the main tracks of said railroad line.

Where the boundary of a zone follows a runstream, said boundary line shall be deemed to be at the limits of the political jurisdiction of the city, if such limits be located along such body of water; otherwise, such boundary shall be construed as being located at the edge of the high-water line of such body of water; provided that uses along such boundaries shall have to comply with the easements and setbacks imposed by the Water Code. Should there be a change in the existing banks of rivers, streams or canals, the boundaries shall be construed as moving with the actual easement of riverstream or canal.

Boundaries indicated as parallel to or are extension of features not specifically indicated in the zoning map, shall be determined by the zoning map drawn to the scale of 1:10,000 meters.

Where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be indicated on the zoning map drawn to the scale of 1:10,000 meters.

Where a lot of one ownership, as of record at the effective date of Comprehensive Zoning Regulation, is divided by a district boundary line, the lot shall be construed to be within the district where the major portion of the lot is located. In case the lot is bisected by the boundary line, it shall fall on the district where the principal use falls.

Where the district boundary is indicated as one-lot deep, said depth shall be construed to be the average lot depth of the lots in the district's immediate vicinity. Where, however, any lot has a depth greater than said average the remaining portions of said lot shall be construed as covered by the one-lot deep zoning district if the remaining portion has an area less that fifty percent (50%) if the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent (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 may be.

Where the district/zone boundaries are inaccurate or have discrepancies as to the indication on the zoning map of scale 1:10,000 meters, the description of the zoning boundaries appended shall govern.

SECTION 4. Interpretation of Mixed Uses in Any Single Lot and/or Structure within a Zone. - In case it appears that in any given lot or structure within a zone there is a variety or plurality of uses to which it is devoted, the following rules of interpretation shall apply:

a. The lot and/or building shall be classified as a conforming use that complies with the regulations of the zone in which it is located provided that the main or principal use of the land and/or building is consistent with the allowable uses for such zone; b. The use of the lot and/or building shall be classified as being that to which it is principally devoted, for which purpose, the principal use shall be determined in accordance with the following guidelines:

the use which causes the most significant social, economic and/or environmental impact, in terms of revenue raising capacity, population density, resource potential, or physical effect on the adjacent and surrounding areas shall be considered as the principal use of the structure, regardless of the area of the land or building that is occupied by such use;

in the absence of or in the event of any difficulty in interpreting the principal use as above provided, then the principal use shall be considered as that to which the greater portion or area of such land or building is devoted;

in case the mixed uses consist of two uses of similar nature but classified under different zones due to density differences, the higher density use shall be considered as the use of the property; in the event any use belongs to a higher category zone with more strict regulations; the lot, building shall be construed as being devoted to such use.

ARTICLE IV

ZONE CLASSIFICATIONS

SECTION 1. Zone Classifications. -In order to effectively carry out the purposes and objectives of this zoning ordinance, the City of Caloocan is hereby divided into major zones consisting of areas with determined predominant uses, as well as Special Zones.

Major zones shall include residential, commercial, industrial, parks and recreation zones. Special areas shall consist of institutional (INST) transport and utilities (TU) cultural (CUL) and cemetery (CEM) areas and Planned Areas for Necessary Development (PLAND).

Residential zones are further divided into low-density (R-1), medium density (R-2) and high-density (R-3) residential zones.

Commercial zones are further divided into Minor (C-1), Major (C-2), and Metropolitan (C-3) commercial zones.

Industrial zones are further divided into light/non - pollutive/non-hazardous industrial (I-1) and medium/ pollutive/hazardous industrial (I-2) zones.

SECTION 2. Technical Description of Zone Boundaries. -The location, and extent of the above named zones in the City are hereby identified in accordance with the principles of dominant land use and compatibility between uses, and are hereby reflected in the attached list of Zone Boundaries which is herewith attached as Annex B and made an integral part of this Ordinance.

In case any, all or part of such list are lost, damaged, destroyed, mutilated or difficult to interpret, the City of Caloocan through the Mayor upon recommendation of the City Development Planning Coordinator and the City Zoning Administrator may adopt a new list/or lists under such terms as are similar for the adoption of new zoning maps.

SECTION 3. Official Zoning Maps. -The location and extent of the various zones identified in these Comprehensive Zoning Regulation shall hereby be reflected in the Official Zoning Map of Caloocan City in a manner that corresponds accurately with the technical description of zone boundaries as well as promotes the objectives, policies and strategies of the city. This zoning map shall hereby be made an integral part hereof. Each zoning map shall be duly signed by the City Mayor and authenticated by Housing and Land Use Regulatory Board. The seal of the City of Caloocan shall likewise be affixed to said map.

In the event any or all of such maps or parts thereof became lost, damaged, mutilated or destroyed, or the number of additional amendments or regulations has made it difficult to interpret or enforce, the City Development Planning Office may upon its own motion, or upon the request of any interested party with the favorable recommendation of the City Zoning Administrator, adopt a new set of maps, which shall conform accurately with the original and at the same time incorporate the changes, amendments or reclassifications. The remainder of the existing zoning maps or portions thereof shall be preserved together with the new maps.

SECTION 4. Pattern of Land Uses. -The uses which are permissible within each zone are hereunder identified and the patterns of land uses accordingly specified.

Following patterns of land uses shall be observed in the corresponding zones:

(1) R-1 Low Density Residential Zone -Characterized mainly by single family, single detached dwellings with the usual community ancillary uses on a neighborhood scale and relatively exclusive subdivisions with a density of twenty

(20) dwelling units and below per hectare, as well as compatible support and institutional facilities. The following are allowable uses:

Principal Uses:

1. One family dwellings 2. Churches or similar places of worship and dwellings for the religious 3. Nursery and kindergarten schools, provided that they do not exceed two

(2) classrooms

4. Clubhouses and other social centers 5. Parks, playgrounds, pocket parks, parkways, promenades and playlots 6. Recreational uses such as tennis courts, baseball diamonds, swimming pools and similar uses operated by the government or private individuals as membership organizations for the benefit of their members, families or guest and not primarily for gain.

Accessory Uses:

1. Customary Uses incidental to any of the aforementioned uses located on the same lot, provided that such accessory uses shall not include any activity conducted for monetary gain or commercial purposes;

servant's quarter home laundries guard house non-commercial garages houses for pets such as dogs, birds, rabbits & the like of not more than four square meters in floor area

2. Home occupation for the practice of one's profession such as offices of physicians, surgeons, dentists, architects, engineers, lawyers & other professionals or for engaging an in-house business such as dressmaking, tailoring, baking and the like, provided that;

Such professionals are members of the family residing in the premises; The number of persons engaged in such business/industry shall not exceed five (5); In no case shall more than twenty percent (20%) of the floor area of the building be used for said professional practice; 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.

3. Home industries classified as cottage industries such as embroidery, sewing, handicrafts, shellcrafts, and the like, conducted within a dwelling unit, provided that:

a maximum of (5) persons are employed;

not more than thirty percent (30%) of the floor area of any one floor of the dwelling is devoted to such home occupation;

such home occupation does not required internal or external alterations, or involve construction features;

such home occupation does not require uses of equipment not customary in dwellings & shall not be hazard or nuisance;

allotted capitalization shall not exceed the capitalization as set by Department of Trade and Industry during its entire operation.

shall consider same provisions as enumerated in letters e, f & g of number 2, Home occupation, this section;

4. Pump Houses, small power plant and machineries customarily used in connection with churches, schools, museums, parks, playgrounds, community centers, and dwellings and their accessory buildings provided that;

such power plant and other machineries are so placed as to cause the least inconvenience to adjoining residences; they do not cause serious injury or nuisance to occupants through fumes or gases, dust, smoke, noise or vibrations or other similar nuisances; such power plant, if other than electric should be used only in cases of emergency or power failure, if the power employed is electric motor and used exclusively for air conditioning for elevators, for water pumps and for household appliances such as washing machines, refrigerators and the like, any number of horse-power necessary is allowed.

(2) R-2 Medium Density Residential Zone -Characterized mainly by medium density housing like two-family dwellings, townhouses, accessories or row houses and other low area medium rise multi-family dwellings on a limited scale with usual community ancillary uses and support facilities designed for the needs of a barangay scale with a density of twenty-one (21) to sixty-five (65) dwelling units per hectare. The following are the allowable uses.

Principal Uses:

1. All uses allowed in R-1

2. Two- family dwelling units or duplex

3. Townhouses

4. Apartment houses, apartment hotels, hometels

5. Residential condominium of medium rise type, provided it shall not exceed seven (7) storeys or a height of 21 meters

6. Multi-family dwellings, accesoria

7. Boarding house, dormitory/seminaries

8. Branch library & museums

9. Nursery, kindergarten & elementary schools provided that these will not exceed twelve (12) classrooms

10. Clinics, family planning clinics

11. Community Facilities

12. Sanitaria, nursery or convalescent homes

13. Philanthropic or charitable institutions upon approval of the lay out plan by the Zoning Administrator & subject to such conditions and safeguards as deemed appropriate by the same Administrator

Accessory Uses:

1. Houses for poultry, piggery & the likes provided that:

for livestock, a maximum of two (2) heads for fowls, a maximum of one hundred (100) birds floor area of not more than 4 square meters a written consent of the affected adjacent lot homeowners shall be secured & submitted no undue noise is created by those livestocks & fowls no foul smell is emitted operations shall conform with all existing sanitary regulations

1 Customarily incidental home occupations such as barber & beauty shops, tailoring & dress shops, neighborhood convenience stores, retail drugstore 2 Plant nurseries and track gardens 3 Cottage or home industries 4 Offices with no actual display, sale, transfer or handling of office commodities in the premises.

(3) High-Density Residential Zone (R-3) -Characterized by mixed housing types

and high-density and high rise dwellings with more than 65 dwelling units and with more than the usual community ancillary uses serving also the needs of outlying areas, increasingly commercial in scale. The following are the allowable uses:

Principal Uses:

1. All uses permitted in R1 and R2 with the conditions deemed appropriate by the zoning administrator and applicable to R3 zoning district

2. Tenements and mass housing

3. Medium rise residential building

4. Boarding houses

5. Elementary schools and high schools, provided that the number of classrooms for high school shall not exceed 20

6. Vocational school

7. Apartments or apartels

8. Ballet, dance & voice studios provided that the classes or instructions are held in sound proofed and air-conditioned buildings.

9. Multi-storey apartment provided that they meet the requirements of Presidential Decree No. 957 and Batas Pambansa Blg. 220

(4) C-1 Minor Commercial Zone -Characterized by commercial and trade activities on a neighborhood scale including retail outlets, professional offices, personal and home service shops and eateries on a small scale.

In C-1 district, only the following uses are permitted, provided that the scale of operations must be for a neighborhood size population of approximately one hundred (100) families and the establishment is part of an overall plan for the community.

Principal Uses:

1. All conditional and permitted uses in R1, R2 and R3 districts; 2. Pawnshops, photo and portrait studios, shoeshine/repair stands, retail drugstores, tailoring and dress shops, bakeshops and bakery goods stores; 3. Personal service shops such as watch repair shops, locksmith, laundries and Laundromats, repair of business machines, repair of household appliances and other small service establishments: 4. Carinderias, foodstores, take-home kiosks, ice-cream parlors, soda fountains, fruit stands, frozen meat, fish and poultry stores, dairy products, candies and other related goods stores; 5. Radio, television and other electrical appliance repair shops; 6. Gravel and sand - (with provision for loading and unloading area); 7. Printing and other small establishments; 8. Blacksmith on neighborhood scale; 9. Tire and vulcanizing shops; 10. Gasoline station 11. Hometels, inns and pension houses, motels, reducing saloon, health studios and massage and sauna parlors, tourist cabins and tourist homes; 12. Building material stores such as electrical and electronic stores, plumbing supply stores, ceramic, clay element and other similar products; 13. Glassware and metalware shops, household equipment and appliance shops, employment services, news syndicate services, branch offices, office equipment and repair shops; 14. General retail establishments such as curio or antique shops, pet shops and aquarium stores, book stores, art supplies and novelties, jewelry shops, liquor wine stores and flower shops; 15. Other stores and shops for conducting retail business and all shopping establishments; 16. Funeral/memorial service (excluding funeral parlors, mortuaries and embalming services); 17. Messengers services, telephone and telegraphic exchanges;

Accessory Uses:

1. Customary accessory uses and buildings incidental to any of the above permitted uses.

(5) C-2 Major Commercial Zone -Characterized by commercial development which is a mixture of retail and wholesale trade and may contain the service and entertainment industries, such as restaurants, shopping centers sufficient to provide the needs of the district level.

In C-2 district, only the following uses are permitted, provided that " the scale of operations must be for a barangay size population of approximately 500 families" and must form part of the over-all plan of the community.

Principal Uses:

1. All uses permitted in R-1, R-2, R-3 and C-1 districts;

2. Hardware and auto supply shops, auto sales, auto repair, car rentals, automotive handicraft, marine craft retail shops, accessory and spare shops and equipment and rentals and sales yards;

3. Amusement centers, theaters, off-fronton stations, off-track stations, betting station, commercial stables, dance halls or cabaret, dance and voice studios;

4. Restaurants, beer houses, canteens, delicatessen, confectionery shops and automats, soda fountain, groceries and super clubs, nightclubs and discotheques;

5. Musical instrument stores;

6. Sign and billboard shops, engraving and photo-development shops, printing, blue-printing, and publishing shops;

7. Sporting goods, supplies, dry goods stores, haberdasheries, ready-made and knitted wear stores, apparel, repair and other related repair services, and footwear shops

8. Gasoline service stations/filling stations and commercial garages, multi-storey structures;

9. Local wet and dry markets; including open markets (talipapa); supermarkets;

10. Machinery and machine shops, steel shops, machinery equipment supply and related wholesale trade; provided that the shops floor area shall not exceed 100 square meters;

11. Banks, savings/loan (related functions), money shops; and other related financial institutions;

12. Institutional uses as colleges and universities, vocational and technical schools, general hospitals and specialized general hospital, welfare and charitable institutions, municipal buildings;

13. Electroplating shops for jewelries

14. Gravel and sand dealer

15. Parking lots

16. Blue-printing shops

17. Radio and television broadcasting stations

18. Funeral parlors, mortuaries and memorial chapels

Accessory Uses:

1 Customary accessory uses and buildings incidental to any of the above permitted uses. 2 Warehouses and storage facilities in support of commercial establishments.

(6) C-3 Metropolitan Commercial Zone -Characterized by heavy commercial

developments and high use commercial structures, including trade, service and entertainment on a metropolitan (re gional) scale of operations, as well as miscellaneous support; increasingly industrial in nature.

In C-3 district the following uses which are metropolitan in scale are permitted:

Principal Uses:

1. All permitted uses in R-1, R-2, R-3, C-1 and C-2 districts 2. Supermarkets, superstores, shopping and commercial centers 3. Commercial recreations such as bars and nightclubs, boxing, wrestling, stadia, cinema, cockfighting arenas and racetracks, jai-alai 4. Machinery equipment supply and related wholesale trade; 5. Radio-phonographs and record shops; 6. Printing book binding shops, publishing shops and other related activities; 7. Lumber yards; 8. Institutional uses as university complexes; 9. Commercial parking lots and garages; 10. Other commercial/business activities not elsewhere classified;

(7) I-1 Light Industrial Zones -covers those industries that are non-pollutive/non-hazardous and non-pollutive / hazardous manufacturing / processing establishments. Enumerated below are the allowable uses:

(a) Non-Pollutive/Non-Hazardous Industries

1. Drying fish 2. Biscuit factory -manufacture of biscuits, cookies, crackers and other similar dried bakery products 3. Doughnut and hopia factory 4. Manufacture of macaroni, spaghetti and vermicelli and other noodles 5. Other bakery products not elsewhere classified (n.e.c.) 6. Life belts factory 7. Manufacture of luggage, handbags, wallets and small leather goods 8. Manufacture of miscellaneous products of leather and leather substitute and n.e.c 9. Manufacture of shoes except rubber, plastic and wood 10. Manufacture of slipper and sandal except rubber and plastic 11. Manufacture of footwear parts except rubber and plastic

12. Printing, publishing and allied industries and those n.e.c 13. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and accounting machines 14. Manufacture or assembly of electronic data processing machinery and accessories 15. Renovation and repair of office machinery 16. Manufacture or assembly of miscellaneous office machines and those n.e.c.

17. Manufacture of rowboats, bancas, sailboats 18. Manufacture of animal drawn vehicles 19. Manufacture of children vehicles and baby carriages 20. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc. 21. Manufacture of measuring and controlling equipment, plumb bomb, rain gauge, taxi meter, thermometer, etc. 22. Manufacture or assembly of surgical, medical, dental equipment and medical furniture 23. Quick freezing and cold packaging for fish and other seafoods 24. Quick freezing and cold packaging for fruits and vegetables 25. Popcorn. rice factory 26. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc. 27. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.) 28. Manufacture of photographic equipment and accessories 29. Manufacture or assembly of optical instruments 30. Manufacture of eyeglasses and spectacles 31. Manufacture of optical lenses 32. Manufacture of watches and clocks 33. Manufacture of pianos 34. Manufacture of string instruments 35. Manufacture of wind and percussion instruments 36. Manufacture or assembly of electronic organs 37. Manufacture of sporting gloves and mitts 38. Manufacture of sporting balls (not of rubber or plastic) 39. Manufacture of gym and playground equipment 40. Manufacture of sporting tables (billiards, ping pong, pool) 41. Manufacture of other sporting and athletic goods, n.e.c. 42. Manufacture of toys and dolls except rubber and mold plastic 43. Manufacture of pens, pencils and other office and artist materials 44. Manufacture of umbrella and canes 45. Manufacture of buttons except plastic 46. Manufacture of brooms, brushes and fans 47. Manufacture of needles, pens, fasteners and zippers 48. Manufacture of insignia, badges and similar emblems (except metal) 49. Manufacture of signs and advertising displays (except printed) 50. Small-scale manufacture of ice cream 51. Warehouse and storage facilities 52. Storage and shipping vans 53. Heavy equipment or contractors yard

(b) Non-Pollutive/Hazardous Industries 1. Manufacture of house furnishing

2. Textile bag factories 3. Canvass bags and other canvass products factory 4. Jute bag factory 5. Manufacture of fiber batting, padding and upholstery filling except coir 6. Manufacture of miscellaneous textile goods, embroideries and weaving apparel 7. Mens and boys garment factory 8. Womens and girls and ladies garment factory

9. Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories 10. Manufacture of raincoats and waterproof outer garments except jackets

11. Manufacture of miscellaneous wearing apparel except footwear and those n.e.c. 12. Manufacture of miscellaneous fabricated mill work and those n.e.c. 13. Manufacture of wooden and cane containers 14. Sawali, nipa and split cane factory 15. Manufacture of bamboo, rattan and other cane baskets and wares 16. Manufacture of cork products 17. Manufacture of wooden shoes, shoe lace and other similar products 18. Manufacture of miscellaneous wood products and those n.e.c. 19. Manufacture of miscellaneous furniture and fixture except primarily of metals and those n.e.c. 20. Manufacture of paper stationary, envelopes and related articles 21. Manufacture of dry ice 22. Repacking of industrial products e.g. paints, varnishes and other related products 23. Iron-work assembly 24. Ice Plants and Cold Storage.

(8) I-2 Medium Industrial Zones -covers those industries that are pollutive/non-hazardous, and pollutive/hazardous manufacturing and processing establishments. Enumerated below are the allowable uses:

(a) Pollutive/Non-Hazardous Industries

1. Manufacture and canning of ham, bacon and native sausage

2. Poultry processing and canning

3. Large-scale manufacture 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 confectionery products

10. Manufacture 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 medicinal and pharmaceutical preparations 15. Manufacture of stationary, 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 23. Manufacture of office. store and restaurant metal furniture 24. Manufacture of metal blinds, screens and shades 25. Manufacture of miscellaneous furniture and fixture primarily metal n.e.c. 26. Manufacture of fabricated structural iron and steel 27. Manufacture of architectural and ornamental metal works 28. Manufacture of boilers, tanks and other structural sheet metal works 29. Manufacture of other structural products n.e.c. 30. Manufacture of metal cans, boxes and containers 31. Manufacture of stamped coated and engraved metal products 32. Manufacture of fabricated wire and cable products 33. Manufacture of heating, cooking and lighting equipment except electrical 34. Sheet metal works generally manual operation

35. Manufacture of other fabricated metal products except machinery and equipment n.e.c. 36. Manufacture or assembly of service industry machines 37. Manufacture or assembly of sewing machine 38. Manufacture or assembly of elevators and escalators 39. Manufacture or assembly of cooking ranges 40. Manufacture or assembly of water pumps 41. Refrigeration industry 42. Manufacture or assembly of other machinery and equipment except electrical n.e.c. 43. Manufacture and repair of electrical apparatus 44. Manufacture and repair of electrical cables and wires 45. Manufacture of electrical cables and wires 46. Manufacture of other electrical industrial machinery and apparatus n.e.c. 47. Manufacture or assembly of electric equipment radio and television, tape recorders, stereo 48. Manufacture or assembly of radio and television transmitting, signaling and detection equipment 49. Manufacture or assembly of telephone and telegraphic equipment 50. Manufacture of other electronic equipment and apparatus n.e.c. 51. Manufacture of industrial and commercial electrical appliances 52. Manufacture of household cooking, heating and laundry appliances 53. Manufacture of other electrical appliances n.e.c. 54. Manufacture of electric lamp fixtures

(b) Pollutive/Hazardous Industries

1. Flour Mill 2. Cassava flour mill 3. Manufacturing of coffee 4. Manufacturing of unprepared animal feeds, other grain milling n.e.c. 5. Production prepared feeds for animals 6. Cigar and cigarette factory 7. Curing and redrying tobacco leaves 8. Miscellaneous processing tobacco leaves, n.e.c. 9. Weaving hemp textile

10. Jute spinning and weaving 11. Miscellaneous spinning and weaving mills, n.e.c 12. Hosiery mill 13. Underwear and outwear knitting mills 14. Fabric knitting mills 15. Miscellaneous knitting mills n.e.c. 16. Manufacture of mats and mattings 17. Manufacture of carpets and rugs 18. Manufacture of cordage, rope and twine 19. Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc. 20. Manufacture of linoleum and other surfaced coverings 21. Manufacture of artificial leather, oil cloth and other fabrics except rubberized 22. Manufacture of coir 23. Manufacture of miscellaneous textile, n.e.c. 24. Manufacture of rough lumber, unworked 25. Manufacture of worked lumber 26. Resawmills 27. Manufacture of veneer, plywood and hardwood 28. Manufacture of doors, windows and sashes 29. Treating and preserving of wood 30. Manufacture of charcoal 31. Manufacture of wood and cane blinds, screens and shades 32. Manufacture of containers and boxes of paper and paper boards 33. Manufacture of miscellaneous pulp and paper products, n.e.c. 34. Manufacture of perfumes, cosmetics and other toilet preparations

35. Manufacture of waxes and polishing preparations 36. Manufacture of candles 37. Manufacture of inks 38. Manufacture of miscellaneous chemical products, n.e.c. 39. Tire retreating and rebuilding 40. Manufacture of rubber shoes and slippers 41. Manufacture of industrial and moulded rubber products 42. Manufacture of plastic footwear 43. Manufacture of plastic furniture 44. Manufacture of other fabricated plastic products, n.e.c. 45. Manufacture of table and kitchen articles 46. Manufacture of pottery, china and earthen ware, n.e.c. 47. Manufacture of flat glass 48. Manufacture of glass containers 49. Manufacture of miscellaneous glass and glass products, n.e.c. 50. Manufacture of clay bricks, clay tiles and hollow clay tiles 51. Manufacture of miscellaneous structural clay products, n.e.c. 52. Manufacture of structural concrete products 53. Manufacture of asbestos products 54. Manufacture of engines and turbines except motor vehicles, marine and aircraft 55. Manufacture of metal cutting, shaving and finishing machinery 56. Manufacture of wood working machinery 57. Manufacture, assembly, rebuilding, repairing of food and beverage making machinery 58. Manufacture, assembly, rebuilding, repairing of textile machinery and equipment 59. Manufacture, assembly, rebuilding, repairing of paper industry machinery 60. Manufacture, assembly, rebuilding, repairing of printing, trade machinery and equipment 61. Manufacture of rice mills 62. Manufacture of machines for leather and leather products 63. Manufacture of construction machinery 64. Manufacture of machines for clay, stove and glass industries 65. Manufacture, assembly, repair, rebuilding of miscellaneous special industrial machinery and equipment, n.e.c. 66. Manufacture of dry cells, storage battery and other batteries 67. Boat building and repairing 68. Manufacture of locomotives and parts 69. Manufacture of railroad and streetcars 70. Manufacture or assembly of automobiles, cars, buses, trucks and trailers 71. Manufacture of wood furniture including upholstered 72. Manufacture of rattan furniture including upholstered 73. Manufacture of box beds and mattresses.

(9) Institutional zones shall be characterized by governmental, and protective uses as well as institutional and social services for the entire community and shall be characterized further by specialized governmental agencies providing institutional, protective, security and social services for the region or the country as a whole, and which are governed by specialized regulations, including mental hospitals, rehabilitation and training centers, military and security services

Principal Uses:

1. Barangay health centers

2. Day-care centers

3. Puericulture centers

4. Clinics, family planning clinics and children's clinics

5. Nursery and kindergarten schools

6. Elementary schools

7. Elementary and high school

8. Local civic centers, local auditoriums, halls and exhibition centers

9. Churches, temples and mosques

10. Chapel

11. Barangay Centers

12. Maternity Hospitals

13. National executive, judicial, legislative and related facilities and activities

14. Government Buildings

15. Tertiary and provincial hospitals and medical centers

16. National museums and galleries

17. Art Galleries

18. Planetarium

19. Colleges or Universities

20. Vocational and technical schools, special training

21. Convents and seminaries

22. Welfare and charitable institutions

23. Fire and police station buildings

24. Local museums and libraries

25. University complexes; and

26. Penal Institutions

(10) Parks And Recreation Zones -shall be characterized by park facilities and amusement centers, resort establishments including marine and coastal resorts, playgrounds, scenic areas and environmental conservation and protection areas.

In parks and recreation zone, only the following uses are permitted:

1. Parklets or pocket parks

2. Parkways and promenades

3. Playground and playlots

4. General recreational parks

5. Horticultural nursery

6. Plazas

7. Arboretum

8. Botanical Gardens and zoo and other nature centers

9. Playfields or athletic fields

10. Campsites and resorts

11. Customary facilities and accessory uses and building incidental to any of the above permitted uses and

12. Parking lots

(11) TRU-Transport and Utilities Areas -Areas devoted to transport support facilities, such as bus/jeep terminals or stations, car barns, taxi stands, freight loading, storage, handling, loading, unloading area, depot repair and maintenance facilities, piers, airports, train yards and other related facilities including communications, infrastructure and other utilities. (12) CUL - Cultural Area - Area characterized by the presence of mixed institutional

Uses and structures that have contributed to the nation's cultural heritage, and all such other uses which have historical significance to the community, such as museum, amphitheaters, old palaces and houses, the preservation or restoration of which is practical and desirable.

The following uses are permitted:

1 metropolitan cultural center 2 museum, library, art galleries 3 civic centers, auditoriums, convention centers, halls and exhibition areas 4 antiques and curio shops 5 customary facilities and accessory uses and building incidental to any of the above permitted uses

(13) CEM -Cemetery Areas -consist of public and private graveyards and above-ground burial areas. (14) PLAND - Planned Areas for Necessary Development - Areas characterized by the planned unit development concept and innovative development techniques, including mixed dwelling, commercial, institutional and other compatible uses.

ARTICLE V

GENERAL DISTRICT REQUIREMENTS

SECTION 1. Building or Structure Use. - No building, structure or land shall hereafter be occupied or used and no building or structure or part thereof shall be erected, constructed, moved or structurally altered except in conformity with the provisions of this Comprehensive Zoning Ordinance.

SECTION 2. -Yard, off-street Parking Space -No part of a road, off-street parking space, loading space or other open space required of any building shall, for the purpose of complying with this Ordinance, be included as part of the yard, open space, off-street parking or loading space similarly required of any adjacent

neighboring building. However, this shall not apply to building/s with common party walls or adjacent building lines, in which case, only the yard for the free or non-abutting sides will be required.

SECTION 3. Traffic Generators. -All Traffic generating buildings and structures allowed in any of the districts must provide for adequate parking spaces for their employees, clients and visitors. "Such shall, however, be subject to additional parking requirements as evaluated by the Office of Land Use and Zoning Administration based on Presidential Decree No. 1096".

SECTION 4. Advertising and Business Signs. -Advertising and business signs to be displayed or put up for public view in any of the district herein enumerated must comply with existing laws, rules and regulations. Further they shall not be allowed along scenic areas of parks and recreation zones and historical landmarks within one hundred (100) meters radius.

SECTION 5. Erection of More Than One Principal Structure. -In any district where more than one structure may be permitted to be erected on a single lot, the yard and other requirements of this Ordinance shall be met for each structure as though it were to be erected on an individual lot.

SECTION 6. Dwelling on Rear Lots. -No building used or designed to be used as residence shall be allowed in any rear lot unless such lot has a right-of-way easement over a path of at least four (4) meters leading to a street. Two (2) or more buildings, however, may be allowed on a common path if the right-of-way easement is at least six (6) meters wide.

SECTION 7. Structure to Have Access. -Every building hereafter erected or moved shall have access to a public street or to a private street open to the public and all structures shall be so located on lots so as to provide safe and convenient access for re-servicing fire protection units.

SECTION 8. Yard Requirements Along a District Boundary Line. -Lots abutting on a district boundary line shall conform to the yard requirements of the more restrictive district bounded by the line.

SECTION 9. Dwelling Group. -When it is impractical to apply the requirements of these Zoning Regulations to individual building unit in a residential compound, consisting of two or more buildings, a permit for the construction of such compound may be issued provided that the plan thereof conform to the following conditions:

That the buildings are to be used only for residential purposes and such uses are permitted in the district where the compound is located;

That the average lot area per family of dwelling unit in the compound, exclusive of the area used or to be used for streets or driveways, is not less than the lot area per family required in the district;

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

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

part of the structure whichever is lower.

SECTION 11. Performance Standards. -All land uses, development or construction shall conform to the following standard:

Noise and Vibrations. All noise and vibration-producing machinery shall be enclosed in a building and shall be provided with effective, noise-absorbing materials, noise silencers and mufflers, and an open yard of a distance of not less than twenty (20) meters from the street or adjoining property lines and property planted to dense trees as buffers. To minimize vibration, a machinery should be mounted on shock-absorbing mountings, such as cork set or reinforced concrete foundations or a floating isolated foundation set on piles, as needed by the machinery concerned, to reduced all noise and vibration to a reasonable minimum. Noise, which is objectionable due to intermittance, beat frequency or high pitch shall not be allowed unless enclosed in sound-proof building as tested and approved by the city officials concerned.

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

SECTION 10. Height Regulations

a. To promote and protect public health, safety, peace, morals, comfort,convenience and the general welfare of inhabitants of the City ofCaloocan;

b. To guide, control and regulate future growth and development inaccordance with the Land Use and Structure Plans for the City ofCaloocan;

c. To protect the character and stability of residential, commercial, industrial,institutional, parks and open spaces within Caloocan City and promote theorderly and beneficial development of the areas and the protection of the environment;

d. To provide adequate light, air, privacy and convenience of access toproperty and to insure 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 interferencewith existing or prospective traffic movements on streets and thoroughfares.

SECTION 10. Height Regulations N 10. Height Regulations Height Regulations Regulations ons

a.

Where an R1 district adjoins a C2 district without an intervening street or permanent open spaces over 6 meters in width and where zoning lots separated by district boundaries have adjacent front yards, the proposed structure fronting the R1 district shall be limited to a height of 12 meters or four-storey building whichever is lesser.

b. Where an R1, or R2 district adjoins a C2 or C3 without an intervening street or permanent open spaces over three (3) meters in width, the proposed structure of C2 or C3 district adjacent to R1 zone shall be limited to a height of nine (9) meters from the natural grade line to the top most part of the structure or three-storey building whichever is lower and shall provide for permanent open space over three (3) meters between adjoining land uses.

c. Where an R1, R2 or R3 district adjoins an I-1 or I-2 zone without an intervening street or permanent open spaces over eight (8) meters in width, the proposed industrial structure fronting the residential zone shall be limited to a height equivalent to 9 meters or three-storey building whichever is lower and shall provide for permanent open space over three (3) meters between adjoining land uses.

d. Structures within R-1 zones shall not exceed three (3) storeys or a height of ten (10) meters, from the natural grade line to the topmost part of the structure whichever is lower.

e. Structures within R-2 zones shall not exceed seven (7) storeys or a height of twenty-one (21) meters, from the natural grade line to the topmost part of the structure whichever is lower.

f. Structures within R-3 zones shall not exceed twelve (12) storeys or a height of thirty-six (36) meters, from the natural grade line to the topmost

Dust, dirt and fly ash. The emission of dust, dirt, or fly ash from any source or activity which shall pollute the air and render it unclean, destructive, unhealthful or hazardous, or cause visibility to be impaired, shall not be permitted. In no case whatsoever shall dust, dirt, or fly ash be allowed to exceed 0.3 gram per cubic meter of flue gas at stack temperature of 0 centigrade or to create a haze with opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart.

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

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

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

Sewerage disposal. No sewerage dangerous to the public health, safety and general welfare shall be discharge into any public sewer system, natural waterway of drainage channel. In addition to the following requirements, all sewerage shall comply with pertinent requirements of the Laguna Lake Development Authority.

Acidity or alkalinity shall be neutralized to a PH of between 6.5 and 8.5 as a daily average to a volumetric basis with a temporary variation of 5.0 to Ph 10.0.

Wastewater shall not contain grease and oil in excess of 300 PPM or exceed a daily average of 10 PPM.

SECTION 12. Pollution Control. -For effective pollution control, all locational clearance granted for industrial activities must be subject to the condition of compliance with the local Environment and Natural Resources Office, Laguna Lake Development Authority and Department of Environment and Natural Resources rules and regulations.

SECTION 13. Provision for a Buffer strip of a minimum of three (3) meters planting strip is required along the periphery of all industrial zones.

SECTION 14. Petition to Homeowner's Association or Barangay. -Where a person plans to establish a certain use/activity which will necessarily affect the character of a residential zone in terms of traffic to be generated and/or opening the area to outsiders which may result in loss of privacy of its residents, the prior approval of a majority of the household heads of the homeowner's association or in its absence the barangay, most especially the persons immediately adjacent to the proposed site, will have to be secured as one of the pre-requisites for locational clearance and building permit.

ARTICLE VI

SUPPLEMENTARY REGULATIONS

SECTION 1. Innovative Techniques or Designs. - When it is impractical to apply the requirements of these Comprehensive Zoning Ordinance to certain

developments, the proponent may apply for a permit with the Office of Land Use and Zoning Administration on grounds of innovative development techniques, provided that the following conditions are complied with:

The proposed land use will not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, and the dominant land use of the zone. Both preliminary and final development plans must be submitted to the Caloocan City Zoning Administrator for approval. The preliminary plan must generally set forth any existing or proposed arrangements of lots, streets, access points, buffer strips, and rail, water, highway or other transportation arrangements and the relationship of the tract of land involved to surrounding properties. The final plan must, in addition to the above cited requirements, described the noise, smoke, odor, vibration, dust, dirt, obnoxious gases, glare and heat, fire hazards, industrial wastes and traffic which may be produced by the development. The area subject to application is a consolidated parcel of land of at least two hectares.

SECTION 2. Special Use Permits. -A special use permit shall be required for each of the following uses, subject to such terms and conditions as are hereunder prescribed:

a) Dumping Sites

1 Adequate fencing shall be put up to prevent undue scattering of wastes. 2 Eradication of rats and spraying of flies and the general maintenance of the dumping site shall be the sole responsibility of the proponent 3 The dumping site shall be located within at least one (1) kilometer from the nearest residence. 4 Other sanitary requirements of the City and national agencies concerned (Department of Health, Department of Environment and Natural Resources, Laguna Lake Development Authority, etc.) shall be complied with.

b) Cemeteries

1 Proper maintenance of cemeteries shall be the exclusive duty of the proponent and/or persons operating them. 2 Requirements set by the sanitation and water codes must be complied with.

c) Radio Transmitting Stations and Telecommunication Facilities

1 Radio transmitting stations and telecommunication facilities shall be located within transport and utilities zones. 2 The sound maintenance of such station shall be the exclusive responsibility of the proponent and/or persons operating them. 3 Where the public welfare demands, however, radio transmitting stations and telecommunication facilities may be located in some

residential zones provided the preceding condition is complied with strictly, and no interference with or damage to local electrical appliances or other property will likely result.

d) Private landing strips, runways and heliports

1 Private landing strips, and runways shall be located only in open spaces or park zones; however they may be allowed in other zones except residential zones if the owners' business operations demand their presence at other areas and as long as safety requirements set by the CAB are complied with. 2 Heliports may be allowed along commercial, industrial or institutional buildings provided safety requirements are complied with. 3 They must be at least one thousand (1000) meters from the nearest residential zone. 4 A written authority to operate shall be secured from the Civil Aeronautics Administration by the proponent at least ninety (90) days before the intended date of operation, and a notice shall be posted or published in at least one of the daily newspapers to determine public opposition to the proposed landing site. 5 Sworn statements of the owners of the adjoining lands signifying their conformity to the proposed landing site shall be obtained by the proponent at least thirty (30) days before the intended date of operation.

e) Filling Stations

1 They must conform with standards set by the Department of Energy. 2 Filling stations shall be located at least two hundred (200) meters distance from the nearest schools, churches, hospitals and other similar institutions. 3 They shall not constitute safety hazards in a community developed entirely for residential purposes. 4 Buffer strip and adequate fire fighting equipment must be provided.

f) Open Storage

1 Open storage shall be located within at least two hundred (200) meters distance from schools, churches, hospitals and other similar institutions. 2 Their sound maintenance shall be the sole responsibility of the proponent.

g) Abattoir/Slaughterhouse

1. Abattoir shall be located one (1) kilometer radius from residential and commercial areas as determined by the Office of Land Use and Zoning Administration, provided that they shall not be located within the same premises as public markets.

2. A written authority to operate shall be secured from the Local Health and Sanitation Office and other environmental management agency by the applicant at least ninety (90) days before the intended date of operation, and a notice shall be posted in the City Hall to determine public opposition, if any, to the proposed abattoir.

3. Proper waste disposal, odor control and other abatement procedures must be adopted.

4. The proponent shall obtain sworn statements of owners of land immediately adjacent to the proposed site signifying their conformity or non-conformity to the proposed activity as one of the pre-requisites for the granting of a special use permit.

h) Cockpits

1 They shall be located in parks and recreation zones, and shall be at least two hundred meters (200 m.) distant from the nearest residential or institutional use; 2 Adequate parking space and loading/unloading areas capable of accommodating the maximum expected number of aficionados/ spectators during major derbies shall be provided; 3 The applicant shall have the duty of maintaining the premises in sanitary condition. 4 Other pertinent laws, rules and regulations of the national and local governments shall be complied with.

ARTICLE VII

NON-CONFORMING USES, EXCEPTIONS AND VARIANCES

SECTION 1. Non-Conforming Uses and Buildings. -The lawful use of any building, structure or land at the time of the adoption of this Comprehensive Zoning Ordinance may be continued although such use does not conform with the provision of these Zoning Regulations provided that:

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 or land where such non-conforming use exists at the time of the adoption of this Ordinance; 2 That no such non-conforming use which has ceased operation for more than one (1) year be again revived as non-conforming use; 3 An idle/vacant structure may not be used for non-conforming activity; 4 That any non-conforming structure, or structures under one ownership which has been damaged maybe reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the damaged area and shall in conformity with the provisions of this Ordinance. 5 That no such non-conforming may be enlarged or altered in a way which increase its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity.

The owner of the non-conforming use/building shall program the phase-out and relocation of the non-conforming use/building within ten (10) years from the effectivity of this Ordinance.

SECTION 2. Certificates on Non-Conformance. A certificate of non-conformance of all non-conforming uses shall be applied for by the owner or the authorized agent of the property involved within one (1) year from the promulgation of these Zoning Regulations from the Office of Land Use and Zoning Administration, for the purpose of allowing such use to continue during the ten (10) year period as specified and subject to the requirements provided in Section 1.

Failure to make such application within the aforementioned period shall be presumptive evidence that the property was a conforming use at the time of the promulgation, or amendment of these Zoning Regulations, and if found otherwise will be considered as a violation thereof.

SECTION 3. Deviations. -Exceptions and variances or deviations from the provisions of these Zoning Regulations may be allowed only when all the following terms and conditions are obtained:

a) In case of variances:

1 The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the imposition of the regulations of this ordinance would cause undue hardship on the part of the owner; 2 The hardship is not self-created; 3 The proposed variance is the minimum deviation necessary to permit a reasonable use of the property; 4 The variance will not alter the essential 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 other property in the same district or zone. 5 The variance will not weaken the general purposes of these Zoning Regulation and will not adversely affect the public health, safety and welfare. 6 The variance will be in harmony with the spirit of these Zoning Regulations; 7 The variance is not sought solely for additional financial advantage.

b) In case of exceptions:

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

2. The exception will not adversely affect the appropriate use of other property in the same zone;

3. The exception will not alter the essential character of the district where the exception sought is located, and will be in harmony with the general purposes of these Zoning Regulations;

4. The exception will not weaken the general purpose of the regulations established for specific district;

5. The exception will promote innovative techniques or create or protect a beneficial economic trend that would otherwise not be possible;

6. In cases of pollutive/hazardous or high category of industries, they shall not be allowed in a residential area unless they cannot feasibly be located elsewhere and the consent of adjacent homeowners is secured; and

7. For industries, a feasibility study should be submitted to the Office of Land Use and Zoning Administration for evaluation and approval.

ARTICLE VIII

ADMINISTRATION AND ENFORCEMENT

SECTION 1. Responsibility for Administration and Enforcement. -The administration and enforcement of this Ordinance shall be vested with the City Mayor.

The Office of Land Use and Zoning Administration which shall be headed by the City Zoning Administrator, shall be directly under the administration and supervision of the City Mayor.

All owners/ developers/ government agencies shall secure Locational Clearance prior to conduction of any activity or construction on their property / land. They will apply for said clearance to the Office of Land Use and Zoning Administration which shall evaluate the application and submit recommendation to the City Mayor without prejudice to the City Chief Executives own evaluation. The locational clearance shall be issued by the City Mayor.

SECTION 2. Monitoring. -The City Mayor in his capacity as head of Office of Land Use and Zoning Administration shall have the power to monitor all projects granted locational Clearances, variances, exceptions and special use permits as well as projects granted business/license permit.

For this purpose, the City Mayor or a duly authorized representative is empowered to enter the premises where aforementioned projects are being undertaken, during reasonable hours of the day.

All agencies concerned that have previously issued locational clearances, variances, exceptions, temporary use permit and special permit in accordance with the MMZO No. 81-01 shall coordinate and furnish copy the Office of the Land Use and Zoning Administration of clearances/permits issued.

SECTION 3. Procedure for Appeals. -Any person aggrieved by the decision or action concerning the interpretation, administration or enforcement of this ordinance may appeal with the City Zoning Board of Adjustment & Appeals.

Such appeal shall be taken within a reasonable time but not to exceed thirty (30) calendar days from the receipt of the notice of the decision or action taken by the Office of Land Use and Zoning Administration.

The person concern shall file the appeal with the Office of Land Use and Zoning Administration and pay the corresponding appeal fee as provided in Section 7

of this article. The City Zoning Administrator shall transmit all papers constituting the record upon which the action appealed from was taken.

The City Zoning Board of Adjustment and Appeals shall fix the date, time and place for the hearing of the appeal, give due notice to the parties and decide the same within a reasonable time but not exceeding thirty (30) calendar days from filing of the notice of appeal. Decision of the City Zoning Board of Adjustment and Appeals may in turn be appealed to the Housing and Land Use Regulatory Board within the period provided for in the regulations and implementation of Executive Order No. 90.

Original decisions or actions of the City Zoning Board of Adjustment and Appeals may likewise be appealed to the Housing and Land Use Regulatory Board.

Failure of the aggrieved party to make any appeal within the time specified shall cause the decision to become final and executory. The City Mayor may call on the City Sheriff as well as law enforcement agencies for assistance in the exercise of their functions.

SECTION 4. Creation of City Zoning Board of Adjustment and Appeals (CZBAA.). -The City Development Council (CDC) shall create a sub-committee which shall act as the City Zoning Board of Adjustment and Appeals composed of the following members:

1. City Mayor as Chairman 2. City Legal Officer 3. City Assessor 4. City Engineer 5. City Planning and Development Coordinator 6. City Architect 7. City Building Official 8. ABC President 9. Chairman of Committee on Land Use, Sangguniang Panlungsod 10. City Environmental and Natural Resources Officer 11. Two (2) representatives from Private Sector

SECTION 5. Functions and Responsibilities of the City Zoning Board of Adjustment and Appeals. -The City Zoning Board of Adjustment and Appeals shall perform the following functions and responsibilities.

Act on complaints and opposition to applications for Locational Clearance Act on appeals on grant or denial of Locational Clearance by the Office of Land Use and Zoning Administration.

SECTION 6. Review of the Zoning Ordinance. -This Zoning Ordinance shall be reviewed every year or sooner when the need arises by the City Zoning Review Committee to be composed of the City Development Planning Coordinator, Chairman of the Land Use Committee, Sangguninang Panlungsod, City Zoning Administrator, City Administrator, City Engineer, City Health Officer two (2) representatives from private sector and the President Liga ng mga Barangay Captains. The Chairman of Committee will be elected from among the members.

SECTION 7. Functions of The City Review Committee -The City Zoning Review Committee, which shall be attached to the City Development Council, 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 difficult to enforce or are unworkable.

B. Recommend to the Sangguniang Panglungsod necessary legislative amendments and to the City Planning and Development Office the needed changes in the plan as a result of the review conducted.

C. Provide information to the HLRB that would be useful in the exercise of its functions.

SECTION 8 Functions of Land Use and Zoning Administration Office The Office of Land Use and Zoning Administration shall have the following functions, which are all subject to the approval of the City Mayor.

a) process and evaluate applications for locational clearance based on the approved zoning regulations and the list of the permitted uses as a pre-requisite to the issuance of building and business/license permit

1. application that are conforming 2. applications that are non-conforming i.e., an industrial

activity that falls within a commercial or residential zone. 3. applications which require clearance from other government

agencies: 4. applications for special use permit, exceptions and

variances; 5. applications for renovations and/or expansion of existing

non-conforming uses to conforming uses; and 6. requests for reclassification/rezoning.

b) process and evaluate all other projects applying for building permits not requiring locational clearance;

c) endorse to Sangguniang Panlungsod the following:

1 requests for reclassification/rezoning which had been reviewed by the City Zoning Review Committee. 2 requests for approval of all residential subdivision and condominium plans.

d) Act on complaints concerning violations of the provision of the zoning ordinance;

e) Serve notices requiring the removal of any use in violation of this Ordinance upon the owner, agent, or tenant of the building or land, or other persons who commits or assists in any such violation; and

f) order the discontinuance of the occupancy or use of any building or structure or portion thereof found to be used contrary to the provisions of this Ordinance.

D ) For purposes of information, the Area of Jurisdiction of other agencies are as follows:

a) All industrial activities, which shall be subject to pollution clearance from local ENRO, LLDA and DENR.

b) All historical landmarks and restoration projects, which shall be subject to approval by the National Historical Commission.

c) All tourism-oriented projects, e.g. hotels, motels, etc. which shall be subject to the approval by the Department of Tourism.

d) All national assembly security projects within the city and the implementation of fire code which shall be subject to approval by the PNP and Fire Marshall, respectively.

e) All projects that fall within watershed areas which shall be subject to a permit from the NWRC, MWSS and LLDA as the case may be.

f) All projects that fall within Urban Land Reform Zone APDs which shall pertain with the HLRB.

g) All higher learning institutions which shall be subject to the approval by the DECS.

h) All industrial activities, sports complexes, commercial complexes, markets and shopping centers, residential subdivisions and hospitals that fall within the Laguna Lake watershed boundaries shall be subject to the approval of the LLDA.

SECTION 9. Period of Processing:

a) Processing period for conforming projects/activities. The processing, evaluation and issuance of locational clearance including plumbing, sanitary, mechanical, electrical, structural, fire, line and grade and building permit by the City Zoning Administrator and the City Building Official, respectively, shall not exceed fifteen (15) days as provided for under Presidential Decree No. 1096.

b) Processing period for non-conforming projects/activities. The processing, evaluation and issuance of locational clearance shall not exceed ten (10) working days except with respect to appeals and request for reconsiderations.

c) Processing period on appeals. The processing period on appeals as covered by Section 4 of this article shall not exceed thirty (30) working days.

SECTION 10. Locational Clearance Process. -The process on the application for locational clearance as Appendix C forms part of this Zoning Ordinance.

SECTION 11. Collection of Processing Fee. -The administration and collection of processing fee for locational clearance in the city by the Office of Land

Use and Zoning Administration for its personnel, maintenance and operating expenses shall be as follows:

a) Application/Filing Fee

Application for locational clearance irrespective of whether approved or not, motions for reconsideration and filing of complaint are as follows.

1. Locational Clearance . . . . . . . . . . . . . . . . . P 100.00

2. Motion for Reconsideration . . . . . . . . . . . . . . P 200.00 3. Petition, requests for reclassification . . . . . . . . . . P 500.00 4. Subdivision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P 450.00

This excludes the costs of reclassification proceedings such as production, reproduction of maps and other documents; public hearings and publication which shall likewise be charged to the account of the applicant/proponent.

5. Complaints, except those involving pauper litigant, which shall be free of charge . . . . . . . . . P 100.00

b) Zoning and Land Use Verification Fee

1. Residential Fee...P 100.00 2. Commercial and Industrial P 400.00 3. Social, Educational and Institutional establishment..P 200.00 4. Inspection on Land Use Conformity.P 100.00

c) Processing Fee

Applications for locational clearance whether the project or activity to be undertaken is conforming or non-conforming in accordance with the following schedules:

1. Residential (single detached and .P 2.00/sq. m. duplex type) of TFA

Commercial establishments which shall not exceed 30% of TFA of residential structures

2. Commercial establishments including..P 3.00/sq. m. apartments, mass housing, townhouses of TFA constructed primarily for gain purposes

3. Industrial establishments ..P 4.50/sq. m. of TFA

4. Social, Educational and Institutional Establishments.P 2.00/sq. m. of TFA

5. Subdivisions and memorial parks/cemeteries.P 1.00/sq.m. of TLA

6. Telecommunications towers ..P 4.50/sq. m. of total base

7. Billboards ..P 6.00/sq. m. or a fraction thereof

8. Yards utilized for commercial/industrial.P 3.00/sq. m. purposes of TLA

9. Other ancillary structures according to category of principal building/structure

10. All types of renovation .. 75% of the corresponding prescribed rate

11. Payment under schedule (b) shall be made prior to the release of approved applications.

12. Government projects except government-owned or controlled corporations are exempted from paying the prescribed fees.

d) Renewal of Temporary Use Permit .P 450.00

e) For each certificate of non-conformance/conformance and all other certification issued..P 100.00

Surcharge of twenty five (25%) percent based and added to the corresponding processing fee plus interest of fourteen (14%) percent per annum shall be imposed on all structures/operations without any locational clearance or certificate of conformance/non-conformance upon implementation of this Ordinance.

Upon recommendation of the City Zoning Administrator, the City Mayor may increase by not more than fifty (50%) percent nor may decrease by not more than twenty-five (25%) percent and not oftener than once a year all rates herein prescribed.

SECTION 12. Permit for Innovative Techniques.

a) Initiation

Any person who wishes to apply for a permit for innovative techniques shall secure the appropriate form from the Office of Land Use and Zoning Administration, provided that the terms and conditions specified in Article VI, Section 1 are met.

b) Procedure for applications

1 Together with a vicinity map drawn to the scale of 1:10,000 meters which shows the land use of the adjacent area, approximately a two (2) kilometer radius distance from the proposed site, the applicant shall submit the form containing the detailed description of the project. 2 The Office of Land Use and Zoning Administration shall evaluate the viability of the proposed project in relation to its environmental impact. 3 The Office of Land Use and Zoning Administration shall then decide and prescribe such terms and conditions under which the project may be allowed to locate and operate.

SECTION 13. Certificate of Non-Conformance.

a) Initiation

A certificate of non-conformance of all existing non-conforming uses shall be applied for by the owner/s or agent/s of the property involved within one year from the approval of these zoning regulations.

b) Procedure

1 A certificate of non-conformance shall be secured from the Office of Land Use and Zoning Administration. 2 All requests for such certificate shall be made in writing, stating the reasons for non-conformance and accompanied by a 1:10,000 vicinity map showing the exact location of the non-conforming use, lot or structure. The ten-year program of activities for phase-out and relocation of the non-conforming use shall also be submitted. 3 The request for such certificate shall be acted upon and transmitted to the appropriate parties within fifteen (15) days from the receipt of the request.

c) Expiration of the Certificate of Non-Conformance

For the purpose of monitoring compliance with the submitted ten-year program of phase-out and relocation activities, the certificate shall be renewed every two (2) years for a period of ten (10) years from the date of its issuance after which, it shall be deemed null and void unless the same is renewed within three (3) months prior to its expiration.

SECTION 14. Variances, Exceptions and Deviations.

a) Initiation

A certificate of variance or exception/deviation may only be granted by the Office of Land Use and Zoning Administration when the terms and conditions specified in Article VII, Section 3 are met.

b) Procedure for the Application

1. Any applicant who desires to initiate a project but whose use is not allowed in the Zone proposed to be established may apply for a certificate of variance or exception/deviation from the Office of Land Use and Zoning Administration. 2. Application forms for said certificate of variance or exception/deviation may be secured from the Office of Land Use and Zoning Administration. Substantial justification for the need to construct, alter or repair the structure within the district shall include, but not be limited to the following:.

description of the project, its boundaries, nature of operation or use, and the like. description of the objectives to be achieved in the proposed project. statement as to why the project cannot fulfill its objective under zoning regulations.

The information shall be supplemented by a vicinity map showing the exact location of the proposed project and its floor plans.

3. An evaluation of the application shall be made and the decision of the Office of Land Use and Zoning Administration shall be transmitted to appropriate parties.

SECTION 15. Special Use Permits.

a) Initiation

1. The applicant shall secure the appropriate form for such application from the Office of Land Use and Zoning Administration. The application form shall contain but not be limited to the following:

description of the projects, its nature of operation or use, location, boundaries and size or volume of operation; probable impacts/consequences of the project to the environment; the identification of the components which shall be affected by the project.

Such form shall be supplemented by a vicinity map showing the location of the proposed project and a lay-out showing the physical plan of the project.

2. The application shall be filed with the Office of Land Use and Zoning Administration for evaluation and appropriate action.

SECTION 16. Procedures for Reviewing and Updating the Zoning Ordinance. - The City Zoning Review Committee shall meet every six months to review the nature of developments that have occurred during the preceeding six (6) month period and the corresponding effects of all exceptions, variances and special use permits granted on the areas where they have been allowed to locate; and to determine whether there is a need to make the necessary changes in zoning classifications and/or zoning boundaries. It shall then pass a resolution recommending to the City Mayor that certain amendments be made on the zoning classifications and/or boundaries. A compilation of all exceptions, variances and special use permits approved for the 6-month period shall be appended to the resolution.

The City Mayor shall review and recommend appropriate action on the proposal to the Sangguniang Panlungsod thru the City Development Council. A public information campaign on the proposed amendments shall be undertaken prior to their transmittal to the Sangguniang Panlungsod.

SECTION 17 Procedure for Rezoning. -Any association or group of persons who wishes to propose a rezoning or reclassification of a certain area, may file a petition with the City Zoning Administrator for initial evaluation, who shall recommend to the City Mayor the necessary action or steps to be taken without prejudice to the city chief executive own evaluation.

The City Zoning Administrator shall then endorse the proposal together with its preliminary findings to the City Zoning Review Committee for further evaluation. Whenever necessary, site inspection of the vicinity subject to rezoning shall be made.

The City Zoning Review Committee shall then decide on the merits of the proposal and draft the necessary amendments.

SECTION 18. Update of Zoning Maps. -Once all as to rezoning have been finalized and all amendments have been duly approved, the necessary changes shall be reflected on the official zoning maps.

SECTION 19. Amendments. -The Sangguniang Panlungsod shall upon the recommendation of the City Mayor amend, alter or repeal this Zoning Regulations or any provisions thereof.

ARTICLE IX

SPECIAL PROVISIONS

SECTION 1. Maintaining a linear park along Tullahan -Tenejeros River and other

Major waterways within the city. In consonance with the provisions of Presidential Decrees No. 296 (Water Code), a minimum setback of ten (10) meters from existing shoreline, banks or streams shall be maintained as a linear park.

Should there be a change in the existing banks of the river or streams, the setback shall be construed as moving with the actual river banks.

SECTION 2. Construction Along or within the linear park. -In order to achieve the objectives of these provisions, any type of construction, alteration, physical development along the linear park must be coursed through the City Development Planning Department and other proper authorities prior to the issuance of other necessary permits and/or clearances. Likewise, construction within the linear park shall only be those which are accessories/utilities for a park that will benefit the public.

SECTION 3. Maintenance of the park. -The maintenance of the linear park shall be the responsibility of the concerned Barangay, and the City Government for monitoring and coordination.

SECTION 4. Socialized housing zone Areas occupied by numerous underprivileged and homeless residents, qualified for Socialized Housing Program under the Republic Act. 7279 or the Urban Development and Housing Act shall be declared as Socialized Housing Zone regardless of its land use and zoning classification provided herein. All government programs and projects must sustain efforts to provide basic housing services for the actual residents thereat.

ARTICLE X

FINAL PROVISIONS

SECTION 1. Penal Provision. - Any applicant, proponent, proprietor, owner or representative who undertakes any project or activity in violation of the Comprehensive Zoning Ordinance, and the conditions appearing in the locational clearance, or who commits fraud or misinterpretation in connection with an application for a locational clearance, or any proceeding before the Office of Land Use and Zoning Administration, or who commences or undertakes any project without having first secured a locational clearance, or who refuses admission within any premises subj