THE 2001

ZONING ORDINANCE
DUMAGUETE CITY

PREPARED BY THE:

TECHNICAL WORKING GROUP (TWG) ON THE PREPARATION OF THE CLUP, CITY

COUNCIL MEMBERS, SECTORAL COMMITTEE MEMBERS, DUMAGUETE CITY PLANNING
AND DEVELOPMENT STAFF
 TABLE OF CONTENTS

Article Page

I. AUTHORITY AND PURPOSE …………………………………… 2

Section 1. Authority ………………………………………………… 2

Section 2. Jurisdiction ………………………………………………. 2
Section 3. Purposes …………………………………………………. 2
Section 4. Definition of Zoning ……………………………………… 3
Section 5. Nature of Zoning …………………………………………. 3
Section 6. Scope of Zoning ………………………………………….. 3
Section 7. Basis of Zoning …………………………………………… 3
Section 8. Interpretation ……………………………………………… 4
Section 9. Compliance ………………………………………………... 4

II. DEFINITION OF WORDS AND PHRASES ………………………. 4

III. ZONING CLASSIFICATIONS …………………………………….. 11

Section 10. Division into Districts ….……………………………….. 11

Section 11. Zoning Map ……………………………………………. 12
Section 12. Zones/District Boundaries ………………………………... 12

A. Residential Districts
A.1. R-1 Low Density Residential …………………… 12
A.2. R-2 Medium Density Residential ……………….. 14
A.3. R-3 High Density Residential …………………… 14

B. Commercial Districts
B.1. C-1 Retail Commercial ………………………….. 15
B.2. C-2 Shop House Commercial ……………………. 16
B.3. C-3 Wholesale and Storage Commercial ……….. 17
B.4. C-4 Tourist Commercial ……………………….…. 17

C. PA – Port Area ……………….……………………….. 18

D. SMI- Small and Medium Scale Industries ………….…. 18

E. Institutional Districts
E.1. IN-1 Institutional ………………………………… 18
E.2. IN-2 Cluster Development Area …………………. 19

F. Agricultural Districts
F.1. AG – Agricultural and Related Activities ………… 20

G. Open Space/Conservation Districts

G.1. OS-Open Space for Public Protection, Resource
Conservation, and Public Enjoyment ……………. .. 21

Section 13. Interpretation of Boundary Lines ………………………… 21

Section 14. Easements, Streets, and Other Public Lands Not

Included in Any District …………………………….. 21
 ii

Section 15. District Boundary Line Dividing a Lot …………………… 21

Section 16. Yard Requirements Along District Boundary Line

in a Less Restricted District …………………..……………………. 22

Section 17. Application of District Regulations ………………………. 22

IV. DISTRICT REGULATIONS …………………………………………. 22

Section 18. Regulations in the R-1 Low Density Residential District ……. 22

18.1. Permitted Uses in the R-1 District ………………………... 22

18.2. Building Height Regulations ……………………………… 24
18.3. Lot Area Regulations …………………………………….. 24
18.4. Yard Area Regulations …………………………………… 24
18.5. Additional Regulations …………………………………… 24

Section 19. Regulations in the R-2 Medium Density Residential District . 24

19.1. Permitted Uses in the R-2 District ……………………….. 24

19.2. Building Height Regulations ……………………………… 25
19.3. Lot Area Regulations …………………………………….. 25
19.4. Yard Area Regulations …………………………………… 25
19.5. Additional Regulations …………………………………… 25

Section 20. Regulations in the R-3 High Density Residential District ….. 26

20.1. Permitted Uses in the R-3 District ……………………….. 26

20.2. Building Height Regulations ……………………………… 26
20.3. Lot Area Regulations ……………………………………... 26
20.4. Yard Area Regulations ……………………………………. 26
20.5. Additional Regulations ……………………………………. 27

Section 21. Regulations in the C-1 Retail Commercial District ………. 27

21.1. Permitted Uses in the C-1 District ………………………… 27

21.2. Building Height Regulations ………………………………. 28
21.3. Lot Area Regulations ……………………………………… 28
21.4. Yard Area Regulations …………………………………….. 28
21.5. Additional Regulations …………………………………….. 28

Section 22. Regulations in the C-2 Shop House Commercial District ….. 29

22.1. Permitted Uses in the C-2 District ………………………… 29

22.2. Permitted Uses Along National Highways with a Depth
of One Hundred (100) Meters on Both Sides ..……………. 30
22.3. Building Height Regulations ………………………………. 30
22.4. Lot Area Regulations ……………………………………… 30
22.5. Yard Area Regulations ……………………………………. 30
22.6. Additional Regulations ……………………………………. 31

Section 23. Regulations in the C-3 Wholesale and Storage

Commercial District ……………………………………………. 31

23.1. Permitted Uses in the C-3 District ………………………… 31

23.2. Building Height Regulations ………………………………. 32
23.3. Lot Area Regulations ……………………………………… 32
 iii

23.4. Yard Area Regulations …………………………………….. 32

23.5. Additional Regulations …………………………………….. 32

Section 24. Regulations in the C-4 Tourist Commercial District ………. . 33

24.1. Permitted Uses in the C-4 District …………………………. 33

24.2. Building Height Regulations ………………………………. 33
24.3. Lot Area Regulations ……………………………………… 33
24.4. Yard Area Regulations …………………………………….. 33
24.5. Additional Regulations …………………………………….. 34

Section 25. Regulations in the PA-Port Area District …………..………. 34

25.1. Permitted Uses in the PA District …………………………. 34

25.2. Building Height Regulations ………………………………. 35
25.3. Lot Area Regulations ……………………………………… 35
25.4. Yard Area Regulations …………………………………….. 35
25.5. Additional Regulations …………………………………….. 35

Section 26. Regulations in the SMI-Small and Medium Scale

Industrial District ………………………………………... 35

26.1. Permitted Uses in the SMI District ………………………… 35

26.2. Building Height Regulations ………………………………. 36
26.3. Lot Area Regulations ……………………………………… 36
26.4. Yard Area Regulations …………………………………….. 36
26.5. Additional Regulations …………………………………….. 36

Section 27. Regulations in the IN-1 Institutional District ………………. 37

27.1. Permitted Uses in the IN-1 District ………………………. 37

27.2. Building Height Regulations ……………………………… 37
27.3. Lot Area Regulations …………………………………….. 37
27.4. Yard Area Regulations …………………………………… 38
27.5. Additional Regulations …………………………………… 38

Section 28. Regulations in the IN-2 Cluster Development

Area District ……………………………………………. 38

28.1. Permitted Uses in the IN-2 District ………………………. 38

28.2. Building Height Regulations ……………………………… 39
28.3. Lot Area Regulations …………………………………….. 39
28.4. Yard Area Regulations …………………………………… 39
28.5. Additional Regulations …………………………………… 39

Section 29. Regulations in the AG- Agricultural and Related

Activities District ……………………………………….. 39

29.1. Permitted Uses in the AG District ……………..…………. 39

29.2. Building Height Regulations ……………………………… 40
29.3. Lot Area Regulations …………………………………….. 40
29.4. Yard Area Regulations …………………………………… 40
29.5. Additional Regulations …………………………………… 40

Section 30. Regulations in the OS-Open Space/Conservation District …. 41

30.1. Permitted Uses in the OS District ……………..…………. 41

 iv

30.2. Building Height Regulations ……………………………… 41

30.3. Easement Regulations …………………………………….. 41
30.4. Additional Regulations …………………………………… 41
30.5. Permit System ……… …………………………………… 41

Section 31. Supplementary Regulations ……………………………….. 42

31.1. Existing Non-Conforming Uses ………………………….. 42

31.2. Existing Non-Conforming Buildings ……………………... 42
31.3. Building Permits Issued Prior to
the Approval of this Ordinance …..………………………. 42
31.4. Rear Dwelling …………………………………………….. 42
31.5. Accessory Buildings ………………………………………. 42
31.6. Pedestrian Alleys ………………………………………….. 43
31.7. Private Alleys ……………………………………………… 43
31.8. Required Yard of One Building …………………………… 43
31.9. Exception to Height Regulations …………………………. 43
31.10. Exceptions to Yard Regulations ………………………… 43
31.11. Visibility at Intersections in Residential Districts ………. . 43
31.12. Substandard Lots ………………………………………... 43
31.13. Interior Lots Setback ……………………………………. 43

V. INNOVATIVE TECHNIQUES AND PROJECTS OF VITAL

AND NATIONAL OR REGIONAL ECONOMIC AND
ENVIRONMENTAL SIGNIFICANCE ………………………………… 44

Section 32. Innovative Techniques and Designs ………………………... 44

Section 33. Projects of Vital and National or Regional Economic or
Environmental Significance …………………………………………… 44

VI. ENVIRONMENTAL MANAGEMENT ……………………………….. 46

Section 34. Performance Standards …………………………………..…. 46

Section 35. Environmental Compliance Certificate (ECC) …………..…. 46
Section 36. Buffer Strips/Easements …………………………………… 46
Section 37. Cultivation/Utilization of Riverbeds and Sandbars ………… 47
Section 38. Environmental Impact Assessment (EIA) …………………. 47

VII. MITIGATING DEVICES ……………………………………………… 47

Section 39. Existing Non-Conforming Uses and Buildings …………… 47

Section 40. Certificate of Non-Conformance …………………………. 48
Section 41. Deviations ………………………………………………… 48
Section 42. Temporary Use Permit …………………………………… 49
Section 43. Exceptions and Variances Procedures for Granting the Same …49

VIII. ZONING ENFORCEMENT AND ADMINISTRATION …..…………. 50

Section 44. Responsibility for Administration and Enforcement ………… 50

Section 45. Qualifications of Zoning Administrator/Officer .…………….. 50
Section 46. Powers and Duties …………………………….…………….. 50
Section 47. Certificate of Zoning Compliance ……………..…………….. 51
Section 48. Board of Zoning Appeals …………………….……………… 52
Section 49. Procedure in the Board of Zoning Appeals ….……………… 52
Section 50. Appeals …………………………………….……………….. 52
Section 51. Powers ……………………………………….……………… 52
Section 52. Procedure. …………………………………..………………. 52
 v

Section 53. Limitations on the Power and Authority of the Board of

Zoning Appeals………………………………………… 53
Section 54. Final Review Powers of the Executive Committee of the City
Development Council ………….………………….……………….. 53
Section 55. Violation and Penalty …………………….………………... 53
Section 56. Amendments ….………………………….………………… 53
Section 57. Separability Clause ……………………….……………….. 53
Section 58. Repealing Clause ……………………………………………. 53
Section 59. Effectivity Clause …………………………………………… 53

***+++***
 Republic of the Philippines
City of Dumaguete
OFFICE OF THE CITY COUNCIL

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE

CITY COUNCIL HELD AT SESSION HALL ON JUNE 28, 2001.

PRESENT:

Hon. Woodrow S. Maquiling, Presiding Officer VICE MAYOR

Hon. Espiridion V. Catan CITY COUNCILOR
Hon. Noel C. de Jesus CITY COUNCILOR
Hon. Rommel L. Erames CITY COUNCILOR
Hon. George E. Sy CITY COUNCILOR
Hon. Urbano E. Diga, Jr. CITY COUNCILOR
Hon. Nilo D. Sayson CITY COUNCILOR
Hon. Samuel D. Dicen CITY COUNCILOR
Hon. Jessie M. Estrabela CITY COUNCILOR
Hon. Manuel C. Patrimonio CITY COUNCILOR
Hon. Francis C. Alloso CITY COUNCILOR
Hon. Eduardo J. Perdices, LIGA President CITY COUNCILOR
Hon. Bennette Jan T. Javier, SK Chairman CITY COUNCILOR

ABSENT:

NONE

RESOLUTION NO. 280

WHEREAS, Republic Act 7160, otherwise known as the Local Government Code of 1991,
provides that local government units (LGUs) shall, in conformity with existing laws, continue to
prepare their respective Comprehensive Land Use Plans (CLUPs) enacted through Zoning Ordinances
which shall be the primary and dominant bases for the future use of land resources;

WHEREAS, the implementation of CLUP would require the enactment of regulatory measures
to translate its planning goals and objectives into reality; and

WHEREAS, a Zoning Ordinance is one such regulatory measure which is an important tool for
the implementation of the local CLUP.

WHEREFORE, on motion of Councilor Manuel C. Patrimonio, duly seconded by Councilor

Francis C. Alloso, the City Council in session assembled

RESOLVED, AS IT IS HEREBY RESOLVED, to enact the following ordinance:

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ORDINANCE NO. 29

THE 2001 COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF DUMAGUETE

Be it ordained/enacted by the Sangguniang Panlungsod of the City of Dumaguete, that:

ARTICLE I
AUTHORITY AND PURPOSE

Section 1. Authority. This Ordinance is enacted pursuant to the provisions of Republic Act
No. 7160, otherwise known as the Local Government Code of 1991, Republic Act No. 7279,
otherwise known as the Urban Development and Housing Act of 1992, and Republic Act No. 2264,
otherwise known as the Local Autonomy Act.
1
Section 2. Jurisdiction. The regulatory provisions of this Ordinance shall be applicable to the
use of all the land, air, and water resources, public and private, in the City of Dumaguete. In the
absence of express provisions to the contrary, no regulatory provisions of this Ordinance shall be
construed to restrict any lawful use of land existing at the time of enactment of the said regulatory
provision.
2
Section 3. Purposes. This Ordinance is designed and enacted to:

a) Promote and protect the health, safety, peace, morals, comfort, convenience, and
general welfare of present and future inhabitants of Dumaguete City;

b) Guide, control, and regulate future development activities in accordance with the
Comprehensive Land Use Plan of Dumaguete City;

c) Promote the orderly and beneficial development of residential, commercial, industrial,

institutional, agricultural, and open space areas within the City;

d) Provide adequate light, air, privacy, and convenience of access to property;

e) Protect and preserve valuable agricultural lands consistent with the need to promote
urban development;

f) Prevent undue congestion and overcrowding of population while allowing high-density

residential living conditions within the capacity of the streets and utilities;

g) Regulate the location of structures and lands adjacent to streets and thoroughfares in
such a manner as to eliminate the danger to public safety caused by undue interference
with existing or prospective traffic movements on such streets and thoroughfares;

h) Promote a mix of land uses which are desirable and acceptable to reduce the possibility
of detrimental and disruptive land use conflicts;

i) Regulate the percentage of impervious surfaces (buildings, asphalt, cement, roads, etc.)
that can be allowed on lots in order to increase groundwater supplies, reduce drainage
problems, the heat generated by such surfaces which increases temperatures and energy
consumption, and preserve the opportunity to landscape areas or cultivate areas for

1
Taken from the 1977 Interim Zoning Ordinance of Dumaguete City.

2
Taken from the 1977 Interim Zoning Ordinance.
 3

food production.
3
Section 4. Definition of Zoning. Zoning is the division of the city into different districts
according to present and potential use of property for the purpose of controlling and directing the use
and development of such property. Zoning is a tool to implement an officially adopted Comprehensive
Land Use Plan.
4
Section 5. Nature of Zoning. To regulate land uses by prescribing how parcels of land may
be utilized by:

a) Designating permitted uses:

b) Regulating population densities via:

1) Establishing minimum required lot sizes;

2) Limiting the number of dwelling units per land use;
3) Identifying permitted types of structures;

c) Controlling building bulk:

1) Limiting building heights;

2) Limiting the proportion of lot area to be covered by structures;

d) Requiring off-street parking and loading/unloading areas to ensure that new

development proposals provide at least a minimum of assumed needs;

e) Regulating other areas such as:

1) Minimum residential lot sizes;

2) Signs;
3) Appearance of buildings;
4) Protection of views;
5) Grading;
6) Pollution control standards;
7) Landscaping/beautification.
5
Section 6. Scope of Zoning. The short and long-term impact of politically supported and
rational zoning extends regulation of physical development activities to such matters as local tax rates,
employment opportunities, utility costs, energy conservation, housing opportunities, agricultural
production, and environmental quality.
6
Section 7. Basis of Zoning. This Ordinance is based on the following:

a) Socio-Economic Profile and Framework Development Plan, which were officially

adopted by the Sangguniang Panlungsod of Dumaguete City on August 4, 1994
(Resolution no. 448).

b) Land Use Plan of Dumaguete City, officially adopted by the Sangguniang Panlungsod

3
Taken from the 1977 Interim Zoning Ordinance.
4
Taken from the 1977 Interim Zoning Ordinance.
5
Taken from the 1977 Interim Zoning Ordinance.
6
Taken from the 1977 Interim Zoning Ordinance.
 4

of Dumaguete City on August 4, 1994 (Resolution no. 448).

c) Comprehensive Land Use Plan of Dumaguete City, officially adopted by the

Sangguniang Panlungsod of Dumaguete City on October 31, 2000 (Resolution no.
464).

d) National Building Code of the Philippines.

7
Section 8. Interpretation. For the purposes of this Ordinance, certain terms and words used
herein shall be interpreted as follows:

a) Words used in the present tense also include the future tense;
b) Singular forms include the plural;
c) The word "person” shall include both natural and juridical persons;
d) The word "lot" includes the words "plot" or "parcel";
e) The word "shall" is always mandatory;
f) The word "may" is always discretionary;
g) The words "used" or "occupied" as applied to any land or buildings, shall be construed
to include the words "intended", "arranged", or "designed", to be used or occupied.
8
Section 9. Compliance. The fact that a land use development proposal complies with all the
specific requirements and purposes set forth herein shall not be deemed to create a presumption that
the proposed development would carry out the purposes of this Ordinance or a subsection thereof.
Compliance of a proposal with this Ordinance in itself shall not be construed as being compatible with
existing development when other conditions dictate that the proposal is detrimental to the general
welfare of the people of Dumaguete.

ARTICLE II
9
DEFINITION OF WORDS AND PHRASES

For the purposes of this Ordinance, each of the following words and phrases shall be taken in
the sense herein below indicated.

Accessory Use: A use incidental and subordinate to the principal use of the building or land.

Additions, Deletions, Alterations or Repairs: Changes in an existing building involving interior or

exterior work or increase or decrease of the area of the building.

Agricultural Zone: A division of an area designed for cultivation of crops, fishing, and pastoral
activities.

Animal Stockyard: Usually an open, fenced area with buildings where livestock are quartered, fed,
and cared to increase in weight before slaughter.

Apartment House: Any building containing three (3) or more independent units, regularly rented or
leased on a more or less permanent basis, and offering basic services to its tenants furnished in
common.

7
Taken from the 1977 Interim Zoning Ordinance.
8
Taken from the 1977 Interim Zoning Ordinance.
9
Taken from the 1977 Interim Zoning Ordinance.
 5

Boarding House: A household with five (5) or more sleeping rooms where boarders are provided
with lodging and meals for a fixed sum paid by the month, week, or in accordance with other
previous arrangements.

Botanical Garden: A tract of land used for the culture and study of plants, collected or grown for
scientific and display purposes.

Buildable Area: The remaining space in a lot after deducting the required minimum open spaces.

Building: A structure, designed to stand more or less permanently, covering a space of land, usually
roofed and more or less enclosed by walls and supported by columns, and serving as a
dwelling, store, factory, shelter for animals, or other uses.

Building, Accessory: A building subordinate to the main building and located on the lot, the use of
which is incidental to the use and enjoyment of the main building, such as servant's quarters,
garage, and similar uses.

Building Height: The vertical distance from the established grade elevation to the highest point of the
roof. In case of sloping ground, the average ground level of the buildable area shall be
considered its established grade elevation.

Building Line: The line formed by the intersection of the outer surface of the enclosing wall of the
building and the surface of the ground.

Building, Main: The building on a lot within which the principal living, economic, or other activity is
conducted.

Bus Terminal: A station where public utility buses regularly discharge and receive passengers and
cargoes outside of any street.

Certificate of Zoning Compliance: A permit issued by the Zoning Administrator/Officer in

accordance with the provisions of this Ordinance.

Clinics: An establishment manned by a physician usually practicing general medicine with or without
nurses, attendants, laboratory technicians, and the like, and with or without beds, where
patients can be admitted for consultation and treatment.

Cluster Development Area: An area designed to serve as a focus for barangay and/or community life
by incorporating any combination of the following uses:

a) An elementary school;
b) Barangay/community meeting hall;
c) Recreation Center;
d) Park/open space;
e) Agricultural information office;
f) Demonstration and/or barangay gardens;
g) Recycling center;
h) A public market;
i) A parking area for pedicabs and jeepneys;
j) A cottage industry training center;
k) A barangay health center;
l) City hall;
m) Day Care Center;
n) Playground;
o) Public offices;
p) Other compatible uses.
 6

Some objectives of this type of development are: To provide basic, everyday needs and
services nearer to the place of residence to minimize energy cost, time costs, and dependency
upon transportation; promote the revitalization of barangay identity and social life; and relieve
congestion in the poblacion through decentralization of essential services and needs.

Conforming Use: A use, which is in conformity with the zone classification as provided for in the
Ordinance.

Day and Night Club: A day and night club shall include any establishment frequented by persons, in
the day or at night, where food and wines and drinks are served and music furnished and
patrons allowed to dance with their partners.

Dormitory: A building where many persons are provided with board or lodging facilities in common
halls for a compensation.

Dwelling or Dwelling Unit: A separate and independent place or above intended or adopted for
habitation (e.g., house, apartment, duplex, condominium).

Dwelling, One-household, Detached: A one (1) household structure having two (2) side yards (not
attached to another dwelling).

Dwelling, One-household, Semi-Detached: A one (1) household structure having one (1) party wall
and one (1) side yard.

Dwelling, Multi-Household: A building used as the home or residence of three (3) or more
households living independently from one another, each occupying one (1) or more rooms as a
single housekeeping unit.

Dwelling, Two-household, Detached: A structure divided into two (2) separate and independent
living quarters by a wall extending from the floor to beyond the roof and provided with two (2)
side yards. Each portion provides complete living facilities for each household. This structure is
also known as a Duplex.

Dwelling, Two-household, Semi-Detached: A two (2) household dwelling as defined above except
that it is provided with one (1) side yard.

Easement: An encumbrance imposed upon an immovable for the benefit of a community or for the
benefit of another immovable belonging to a different owner.

Fence: Any structural device forming a physical barrier by means of a hedge, wood, mesh, metal,
brick, block, stake or similar materials, with a maximum height of 2.4 meters.

Floor to Area Ratio: A ratio which expresses the relationship between:

a) The area of permitted floor space in a structure; and

b) The buildable area of the lot on which it is situated.

Floor Area to Buildable Area (F.A.R.) ratios will be used to encourage the provision of:

a) Off-street parking areas on-site to improve traffic flow and reduce traffic safety hazards;

b) Loading/unloading areas on-site to improve traffic flow and reduce traffic safety hazards;

c) A reduction in the percentage of impervious surfaces on the lot to improve on-site drainage
of water to aid in the replenishment of groundwater supplies and reduce the cost of expensive drainage
system;
 7

d) A reduction in the percentage of impervious surfaces on the lot to reduce the energy costs
associated with the heat retaining and glare characteristics of such surfaces;

e) A reduction in the potential fire hazard characteristics usually associated with buildings that
are constructed next to one another, which could reduce fire insurance costs, construction costs, and
the cost of fire services borne by all taxpayers in Dumaguete City;

f) More flexibility in the design and siting of buildings, which could further enhance the overall
beauty of the City;

g) Areas for the possible development of landscaping, which could reduce heat, reduce energy
costs, improve the overall beauty of the City, improve the overall beauty of the lot, and possibly
improve the tax base, especially in commercial areas, as people would be willing to spend more time
and money in these areas.

Filling Station: A retail station servicing automobiles and other motor vehicles with fuel and oil only.

Fire Wall: Any wall designed to resist the spread of fire, either a part of or detached from a building,
not less than 2.4 meters (8.0 feet) in height and no more than 1.5 meters above the eaves of the
building.

Garage, Commercial: A garage where motor vehicles are housed, maintained, equipped, repaired, or
kept for remuneration or sale.

Garage, Private: A building or structure where cars and other vehicles used by the members of the
household residing within the dwelling are housed and maintained.

Guard House: An accessory building or a structure used by a security guard while on duty.

Home Occupation: An occupation or business conducted within a dwelling unit.

Hospital: An institution providing health services, primarily for in-patients, and medical or physical
care of the sick or injured, including as an integral part of the institution, such related facilities
as laboratories, out-patient departments, training facilities and staff offices.

Hotel: A building and its premises where persons may regularly be received, or lodged, as transients or
guests, and provided with accommodations, services, and/or meals for a fee.

Household: A single person or group of people who sleep in the same dwelling unit and have
common arrangements for the preparation and consumption of food. These people may
constitute a nuclear or extended family, or may not be related to one another. This term
includes necessary servants.

Illegal Construction: A building or structure shall be deemed an illegal construction when it is

constructed, existing or is maintained in violation of any specific requirement or prohibition
applicable to such building or structure as provided for in the Zoning Ordinance of the City.

Industry: As established by the NEDA Inter-Agency Task Force on Industrial Statistics, through its
Sub-Committee on Manufacturing, the following will be used to determine the scale of
industry:

SCALE ASSETS

Micro A …………… P25,000 and below

Micro B …………… P25,001 up to P150,000
Cottage ...........……. P150,001 up to P1,500,000
Small .............……... P1,500,001 up to P15,000,000
 8

Medium ............…… P15,000,001 up to P60,000,000

Large .............…….. P60,000,001 and above

(**Source: Dept. of Trade and Industry, Dumaguete City, April 1997)

Note: Subject to change as dictated by the Department of Trade and Industry.

Land Use Development Activity: An activity intended to be undertaken within the City of
Dumaguete which would:

a) Necessitate the construction of a building or buildings on a lot or lots that would, by

nature of such construction, change the dominant use of said lot or lots from one use
classification to another; or

b) Necessitate the undertaking of an activity not necessarily requiring the construction of

building but, would, by the nature of such undertaking, alter the character and/or use of
the affected lot or lots, (e.g., quarrying, mining, grading); or

c) Require the granting of a permit by the City Government of Dumaguete when such an
activity would be governed by the provisions of this or any other pertinent regulation
related to land use.

Lodging House: A building or part thereof containing sleeping rooms where lodging is provided for a
fixed compensation in accordance with previous arrangements.

Lot: A parcel of land on which a principal building and its accessories are situated or may be situated,
together with the required open spaces.

Lot Area per Dwelling Unit: Portion or area of lot allocation for one (1) dwelling unit.

Lot, Depth: The average horizontal distance between the front line and the rear lot line of a lot
measured within the lot boundaries.

Lot, Inside: Any lot other than a corner lot.

Lot, Through: An inside lot with frontages on two (2) streets.

Lot, Width: The average horizontal distance between the side lot lines.

Manufacturing Industry: An industry which involves the chemical or mechanical transformation of

inorganic or organic products, whether the transformation is done by power-driven machine or
by hand, or whether it is done in a factory or in a dwelling unit.

Mitigating Devices: A means to grant relief in complying with certain provisions of the Ordinance.

Motel: Any structure with separate units, primarily located along the highway or close to a highway,
where motorists may obtain lodging with parking space and, in some instances, meals.

Museum: A non-profit, non-commercial establishment operated as repository, or collection of natural,

scientific, or literary curiosity or objects of interest, such as works of art. This does not include
the regular sale or distribution of the objects collected.

Non-Conforming Use: A legal use of a structure or tract of land in existence at the date of adoption
of this Ordinance, which does not conform to the use regulations of the Ordinance, or such use
in existence at the date of adoption of amendments to the Ordinance which does not conform
to the use regulations of the Ordinance as amended.
 9

Nursery/Day Care Center: A place where children are temporarily cared for and trained in the
absence of parents.

Nursing or Convalescence Home: A building with sleeping rooms where persons are housed or
lodged and furnished with meals and nursing care for hire.

Park: A pleasure ground set for recreation of the public, to promote its health, enjoyment, and
enlightenment.

Parking Building: A building of several floors used for temporary parking of motor vehicles on
various floors and may be provided with services allowed for service stations.

Parking Lot: An off-street open area, the principal use of which is for the parking of motor vehicles
by the public, whether for compensation or not, or as accommodation to clients or customers.

Parking Space: An accessible and usable space within the buildable area of the lot at least 2.5 meters
by 5.0 meters for the parking of motor vehicles.

Party or Common Wall: A wall separating two (2) or more buildings, and used in common by the
said buildings.

Private Pet House: A building or structure for the keeping of domestic pets, for the enjoyment or
protection of the members of the household residing within the dwelling unit.

Professional Office: The office of a person engaged in any occupation, vocation or calling, not purely
commercial, mechanical, or agricultural, in which a professed knowledge or skill in some
department of science or learning is used by its application to the affairs of others, either
advising or guiding them in serving their interest or welfare through the practice of an act
founded therein.

Recreational Center: A place, compound, or building, or a portion thereof, open to the public for
recreational and entertainment purposes.

Residential Condominium: A building containing, at least five (5) units, intended for independent
residential use or ownership, including one or more rooms or spaces located and appended
thereto. Each unit owner has exclusive ownership and possession of his condominium.

Restaurants/Other Eateries: A retail establishment primarily engaged in the sale of prepared food
and drinks for consumption on the premises.

Retail Commercial: Establishments predominantly engaged in selling goods and services to

individuals. The term also includes service, professional, and office uses.

Row House: A building composed of a row of dwelling units entirely separated from one another by
party walls and with an independent entrance for each building unit.

Sari-sari Store: A retail establishment wherein dry goods, food and beverages for basic household
needs can be purchased.

Servant's Quarters: A room within the dwelling, or in an accessory building, where servants, maids,
or helpers of the household are housed.

Service Station: A building and its premises where gasoline, oil, grease, batteries, tires and car
accessories may be supplied and dispensed at retail and where, in addition, the following
services may be rendered and sales made and no other:
a) Sale and servicing of spark plugs, batteries, and distributor parts;
b) Tire servicing and repair, but not recapping or regrooving;
 10

c) Replacement of mufflers and tail-pipes, water hoses, fan belts, brake fluid, light bulbs,
fuses, seat covers, windshield wipers and wiper blades, grease retainers, wheel, bearing,
mirrors, and the like;
d) Radiator cleaning and flushing;
e) Washing and polishing, and sale of automotive and polishing materials;
f) Greasing and lubrication;
g) Emergency wiring repairs;
h) Minor servicing of carburetors;
i) Adjusting and repairing brakes;
j) Minor motor adjustments not involving the removal of the head or crankcase, or
raising the motor;
k) Sales of softdrinks, packaged foods, tobacco and similar convenient goods for service
station customers as necessary and incidental to the principal operations;
l) Provisions of road maps and other informational material to customers;
m) Provisions of rest room facilities.

Uses permissible at a filling station do not include major mechanical and body work,
straightening of body parts, painting, welding, storage of automobiles not in operating conditions, or
other works involving noise, glare, fumes, smoke or other characteristics to any extent greater than
normally found in a service station which is not a repair garage nor a body shop.

Setback: The open space left between the building and the lot lines.

Shopping Center: A group of not less than fifteen (15) contiguous retail stores, originally planned
and developed as a single unit, with immediate adjoining off-street parking facilities and
additional design components.

Shop House: A building which contains certain retail establishments on the first or ground floor and
one or more floors of dwelling units above, to be used for residential purposes.

Shoreline: The line reached by the highest equinoctial tide. When the tide line is not appreciable, the
boundary line shall extend to the limit reached by the seawater during ordinary tempests and
storms.

Stable: Any structure designed and intended for the enclosure, shelter, or protection of any horses,
carabaos or other animals.

Stable, Commercial: A stable wherein the animals are kept for business, raising or breeding purposes.

Standard Lot: For the purposes of this Ordinance, a standard lot is a lot, which meets or exceeds the
lot area regulations for the zone in which it lies.

Store: A building or structure devoted exclusively to the retail sale of a commodity or commodities.

Storeroom: That part of a building wherein goods are stored on a limited volume.

Storey: The portion of a building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost storey shall be that portion of a
building included between the upper surface of the topmost floor and the ceiling above. If the
floor level directly above the finished ground level is more than two (2) meters above such
ground level, such portion of the building shall be considered a storey.

Substandard Lot: For the purpose of this Ordinance, a substandard lot is one which does not meet the
lot area regulations for the zone in which it lies. Any lot of record existing before the adoption
of this Ordinance that is classified as substandard shall be subject to any special provisions as
provided in the applicable zoning district regulation.
 11

Theatre: A structure used for dramatic, operatic, motion picture and other performances for admission
to which entrance money is received, and no audience participation and meal services are
allowed.

Tourist Inn or Pension House: Any building or structure regularly catering to tourists and travelers,
containing several independent rooms, possibly providing facilities such as toilets, bathrooms,
living and dining rooms and kitchens, and where a combination of board and lodging may be
provided.

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

Warehouse: Any building where goods, wares, merchandise, utilities, or other personal belongings
are received and stored.

Wholesale and Storage Commercial: Establishments predominantly engaged in selling merchandise

to retailers, to industrial, commercial, institutional, or professional users or to other
wholesalers, or acting as agents in buying merchandise for or selling merchandise to such
establishments, or serving as storage facilities.

Yard: An open space at grade between a building and the adjoining lot lines, unoccupied and
unobstructed by any portion of a structure from the ground upward.

In accordance with the rules and regulations of the National Building Code, the provisions of
the Local Zoning Ordinance regarding yard requirements will prevail over that of the National
Building Code.

Yard, Front: The yard lying between the side lot lines and between the front lot line and the nearest
building line, measured parallel from the front lot line.

Yard, Rear: The yard lying between the side lot lines, and between the real lot line and the nearest
building line, measured parallel from the rear lot line.

Yard, Side: The yard lying between the side lot line and the nearest building line and between the
front yard and the rear yard, or between the front and rear lot lines in the absence of the front
and the rear yards, measured parallel from the side lot line.

Zoning District: A defined area of jurisdiction which designates permitted uses, the lot sizes and yards
required, the permitted heights, and other criteria.

Zoning Ordinance: A local legal measure which embodies regulations affecting land use.

ARTICLE III
10
ZONING CLASSIFICATIONS

Section 10. Division into Districts. To effectively carry out the provisions and purposes of
this Ordinance, the City hereby is divided into the following zoning classification scheme:

10
Taken from the 1977 Interim Zoning Ordinance.
 12

A. Residential Districts

A.1. R-1 Low Density Residential (20-40 dwelling units per hectare)
A.2. R-2 Medium Density Residential (41-70 dwelling units per hectare)
A.3. R-3 High Density Residential (71- up dwelling units per hectare)

B. Commercial Districts

B.1. C-1 Retail Commercial

B.2. C-2 Shop House Commercial
B.3. C-3 Wholesale and Storage Commercial
B.4. C-4 Tourist Commercial

C. PA- Port Area

D. SMI- Small and Medium Scale Industries

E. Institutional Districts

E.1. IN-1 Institutional

E.2. IN-2 Cluster Development Area

F. Agricultural Districts

F.1. AG - Agricultural and Related Activities

G. Open Space/Conservation Districts

G.1. OS - Open space for Public Protection, Resource Conservation, and Public
Enjoyment.

Section 11. Zoning Map. The designation, location, and boundaries of the districts herein
established is shown on the Zoning Map of Dumaguete City and hereby adopted as an integral part of
the text of this Ordinance. (See page 13).

Section 12. Zones/District Boundaries. The locations and boundaries of the above mentioned
various zones/districts into which the City has been divided are hereby identified and specified as
follows:

A. RESIDENTIAL DISTRICTS

A.1. R-1 LOW DENSITY RESIDENTIAL

Block 1 - Area bounded on the North by barangay boundary of Banilad-

Mangnao; on the West by the commercial district along Dumaguete South road; on the
East by open space (OS) zone; and on the South by a commercial zone, Block 66.

Block 3 - Area bounded on the North by barangay boundary of Banilad-

Bagacay and barangay boundary of Banilad-Mangnao; on the West by barangay
boundary of Banilad-Bajumpandan; on the South by the municipal boundary of
Bacong; and on the East by the commercial zone along Dumaguete South Road.

Block 10 - Area bounded on the North by a commercial zone along

Dumaguete-Valencia Road; on the West by the municipal boundary of Valencia; on the
East by Talay-Cantil-e Road; and on the South by the barangay boundary of Talay-
Cantil-e.
 14

Block 11 - Area bounded on the North by barangay boundaries of Talay-

Balugo and Talay-Cadawinonan; on the West by the municipal boundary of Valencia;
on the East by Talay-Cadawinonan Road; and on the South by the commercial zone
along Dumaguete-Valencia Road.

Block 12 - Area bounded on the North by barangay boundary of Batinguel-

Camanjac; on the Southwest by barangay boundary of Batinguel-Candau-ay; on the
East by Batinguel-Camanjac Road; and on the South by the barangay boundary of
Candau-ay-Batinguel.

Additional Designated Areas: Along city or barangay roads in the agricultural districts
within a depth of fifty (50) meters on both sides.

A.2. R-2 MEDIUM DENSITY RESIDENTIAL

Block 2 - Area bounded on the North by an institutional zone (St. Louis

School); on the West by a commercial zone along the Dumaguete South Road; on the
East by a tourist commercial zone (C-4) along Dumaguete Bay, Block 29; and on the
South by the barangay boundary of Mangnao-Banilad.

Block 9 - Area bounded on the North by the Dumaguete-Camanjac Road; on

the West by Batinguel-Camanjac Road; on the East by Gov. Larena Drive; and on the
South by the Dumaguete-Palinpinon Road.

Block 21 - Area bounded on the North by Mojon creek and the municipal
boundary of Sibulan; on the West by agricultural zone (50 meters westward from
Buñao Road) and Gov. Larena Drive; on the South by L. Rovira West Drive; and on
the East by a commercial zone along the National Highway.

A.3. R-3 HIGH DENSITY RESIDENTIAL

Block 4 - Area bounded on the North by the commercial zone along

Dumaguete-Valencia road; on the West by barangay boundary of Bagacay and Junob;
on the South by barangay boundary of Banilad and Bagacay and Banilad-Mangnao;
and on the East by a commercial zone along Dumaguete South Road.

Block 5 - Area bounded on the North by Cadawinonan-Balugo Road; on the

West by the barangay boundary of Bagacay-Junob; on the South by a commercial zone
along the Dumaguete-Valencia Road; and on the East by Bagacay Barangay Road.

Block 6 - Area bounded on the North by a commercial zone along Dumaguete-

Valencia Road; on the West by Talay-Cantil-e Road; on the East by the barangay
boundary of Junob-Bagacay; and on the South by the barangay boundary of Junob-
Bajumpandan.

Block 7 - Area bounded on the North by Cadawinonan-Balugo Road; on the

West by Junob Barangay Road; on the East by barangay boundary of Junob-Bagacay;
and on the South by the commercial zone along Dumaguete-Valencia Road.

Block 8 - Area bounded on the North by the Dumaguete-Palinpinon Road; on

the West by barangay boundary of Junob-Cadawinonan and Junob-Candau-ay; on the
East and South by Cadawinonan-Balugo Road.

Block 13 - Area bounded on the North by the Banica River; on the West by the
commercial zone along Dumaguete South Road and Canday-ong Road; on the East by
the Dumaguete Bay; and on the South by Canday-ong Road.
 15

Block 14 - Area bounded on the North by E.J. Blanco Drive; on the East by
the Dumaguete Bay and PA Zone and on the South by Looc Creek; and on the West
by a commercial zone along Hibbard Avenue (Dumaguete-Airport Road).

Block 15 - Area bounded on the North by Mack road; on the West by

commercial zone along Hibbard Avenue (Dumaguete Airport Road); on the South by
E. J. Blanco Drive; and on the East by a commercial zone (including South Seas Resort
Hotel), Block 28.

Block 16 - Area bounded on the North by E.J. Blanco Drive; on the East by
commercial zone along Hibbard Avenue (Dumaguete Airport Road); and on the West
by commercial zone along the National Highway; and on the South by V. Aldecoa Sr.
Drive.

Block 17 - Area bounded on the North by L. Rovira East Drive; on the East by
the commercial and institutional zones along Hibbard Avenue (Dumaguete Airport
Road); on the South by E.J. Blanco Drive; and on the West by the commercial and
institutional zones along the National Highway.

Block 18 - Areas bounded on the North by Mojon Creek and the municipal
boundary of Sibulan; on the East by a commercial zone along the Hibbard Avenue
(Dumaguete Airport Road) and an institutional zone (Silliman University College of
Agriculture and Marine and Aquatic Resources); on the South by L. Rovira East Drive;
and on the West by the commercial zone, Block 65.

Block 19 - Area bounded on the North by the Dgte.-Camanjac Road (San Jose
Extension) and Perpetual Help Church, private road; on the West by Gov. Larena
Drive and a commercial zone along the said Drive; on the South by a commercial and
institutional zones along V. Locsin Street; and on the East by a commercial and
institutional zones.

Block 20 - Area bounded on the North by L. Rovira West Drive; on the West
by Gov. Larena Drive; on the South by the Dgte.-Camanjac Road (San Jose Extension)
and V. Aldecoa Sr. Drive; and on the East by a commercial zone along the National
Highway.

Block 69 – Area bounded on the North by Colon Street Extension and

commercial and institutional zones along Gov. Larena Drive and Miciano Road; on the
West by Bagacay barangay road; on the South by a commercial zone along
Dumaguete-Valencia Road; and on the East by a commercial zone along Real Street
and barangay boundary of Bagacay and barangay 8.

B. COMMERCIAL DISTRICTS

B.1. C-1 RETAIL COMMERCIAL

Block 22 - Area bounded on the North by Independencia Street and Colon

Street; on the East by Sta. Catalina Street and Real Street; on the South by the Banica
River; and on the West by approximately one hundred (100) meters from Cervantes
Street and Real Street. It is traversed by Gov. Perdices Street, Cervantes Street, Real
Street, Taft Street, Pinili Street, Sta. Rosa Street and Luke Wright Street.

Block 23 - Area bounded on the North by San Jose Street; on the East by Sta.
Catalina Street and Real Street; on the South by Legaspi and Independencia Streets;
and on the West by approximately one hundred (100) meters from Cervantes Street. It
is traversed by Gov. Perdices Street, Maria Cristina Street, Real Street and V. Locsin
Street and Cervantes Street.
 16

Block 65 – Area bounded on the North by Mojon Creek and the municipal
boundary of Sibulan; on the East by a residential zone, Block 18; on the West by the
Dumaguete North Road and an institutional zone, Block 37; and on the South by an
institutional zone, Block 37, and L. Rovira East Drive.

Block 66 – Area bounded on the North by a residential zone, Block 1; on the

East by an open space; on the West by the Dumaguete South Road; and on the South
by the municipal boundary of Bacong.

Block 68 – Area bounded on the North by Cadawinonan-Balugo Road; on the

West by Talay-Cadawinonan Road; on the East by Junob Barangay Road; and on the
South by the Dumaguete-Valencia Road.

Additional Designated Areas:

1. Along Primary National Highways (Dumaguete North Road: starting at

Silliman University North Property Boundary up to North City Limit/municipal
boundary of Sibulan except Institutional Zoning Districts, and Dumaguete South Road:
starting at corner Dumaguete-Valencia Road up to South City Limit/municipal
boundary of Bacong except Institutional Zoning Districts) in the City within a depth of
one hundred (100) meters on both sides;

2. Hibbard Avenue (Dumaguete Airport Road) starting at the junction of V.

Aldecoa Sr. Drive up to the corner of Mack Road within a depth of one hundred (100)
meters on both sides;

3. Miciano Road (from corner Libertad Street to junction Dumaguete-

Palinpinon Road) within a depth of one hundred (100) meters on both sides;

4. Dumaguete-Palinpinon Road (from corner Libertad Street extending to Gov.

Larena Drive) within a depth of one hundred (100) meters on both sides;

5. Dumaguete-Valencia Road starting from the junction of Angatan Road

within a depth of one hundred (100) meters on both sides.

B.2. C-2 SHOP HOUSE COMMERCIAL

Block 24 - Area bounded on the North by Silliman Avenue and Dumaguete

North Road and San Juan Street; on the East by Gov. Perdices and Sta. Catalina
Streets; on the South by San Jose Street; and on the West by Cervantes Street. It is
traversed by San Juan Street, Noblefranca Street, Gov. Perdices Street, Maria Cristina
Street and Real Street.

Block 25 - Area bounded on the North by Colon Street; on the East by

Dumaguete Bay; on the South by the Banica River; and on the West by Sta. Catalina
Street. It is traversed by Pinili Street, Luke Wright Street and Rizal Avenue.

Block 26 - Area bounded on the North by Legaspi Street and an institutional

zone (Dgte. Cathedral Compound); on the East by the Dumaguete Cathedral
Compound and Gov. Perdices Street; on the South by Colon Street; and on the West
by Real Street. This Block is the Dumaguete City Public Market Complex.

Additional Designated Areas:

1. Along Primary National Highways (Dumaguete North Road: starting at

Silliman University North Property Boundary up to North City Limit/municipal
boundary of Sibulan except Institutional Districts, and Dumaguete South Road:
 17

starting at corner Dumaguete-Valencia Road up to South City Limit/municipal

boundary of Bacong except Institutional Districts) in the City within a depth of one
hundred (100) on both sides;

2. Hibbard Avenue (Dumaguete Airport Road) starting at the junction of V.

Aldecoa Sr. Drive up to the corner of Mack Road within a depth of one hundred (100)
meters on both sides;

3. Miciano Road (from corner Libertad Street to junction Dumaguete-

Palinpinon Road) within a depth of one hundred (100) meters on both sides;

4. Dumaguete-Palinpinon Road (from corner Libertad Street extending to Gov.

Larena Drive) within a depth of one hundred (100) meters on both sides;

5. Dumaguete-Valencia Road starting from the junction of Angatan Road

within a depth of one hundred (100) meters on both sides.

B.3. C-3 WHOLESALE AND STORAGE COMMERCIAL

Block 31 - Area bounded on the North by the Banica River; on the East by
Dumaguete South Road (Gov. Perdices St.); on the South by Dumaguete-Valencia
Road and Dumaguete South Road; on the West by junction Angatan and Dumaguete-
Valencia Road. It is traversed by Dumaguete South Road (Real Street Extension).

Block 32 - Area bounded on the North by Dumaguete South Road (Gov.

Perdices Extension and Canday-ong Road; on the East by the Dumaguete Bay; on the
South by an institutional zone (St. Louis Compound); and on the West by the
Dumaguete South Road (National Highway) and the Dumaguete South Road (Gov.
Perdices Street).

Additional Designated Areas:

1. Along Primary National Highways (Dumaguete North Road: starting at

Silliman University North Property Boundary up to North City Limit/municipal
boundary of Sibulan except Institutional Districts, and Dumaguete South Road:
starting at corner Dumaguete-Valencia Road up to South City Limit/municipal
boundary of Bacong except Institutional Districts) in the City within a depth of one
hundred (100) meters on both sides;

2. Dumaguete-Valencia Road starting from the junction of Angatan Road

within a depth of one hundred (100) meters on both sides;

3. Flores Avenue starting at the designated Port Area (presently Barrica’s

Property) up to the junction of E.J. Blanco Drive.

B.4. C-4 TOURIST COMMERCIAL

Block 27 - Area bounded on the North by Silliman Avenue and partially by San
Juan Street; on the East by Rizal Boulevard; on the South by V. Locsin Street; on the
West by Sta. Catalina Street and Block 42, an institutional zone.

Block 28 - Area bounded on the North by Mack Road; on the East by

Dumaguete Bay; on the South by E. J. Blanco Drive; on the West by residential zone,
Block 15.

Block 29 – Area bounded on the North by an institutional zone (St. Louis

School); on the East by Dumaguete Bay; on the South by Mangnao Creek; and on the
 18

West by residential zone, Block 2 (approximately 100 meters from the shoreline
westward). Area includes El Oriente Beach Resort.

Block 30 – Area bounded on the East by Dumaguete Bay; on the South and
West by an open space; and on the North by Banilad Road. This is the Sta. Monica
Beach Resort Compound.

C. PA- PORT AREA

Block 33 - Area identified by Philippine Ports Authority (PPA). Area bounded

on the North by approximately 100 meters from Looc-Piapi barangay boundary; on the
West by Flores Avenue and an institutional zone (Silliman University Compound); on
the South by Katada St.; and on the West by the Dumaguete Bay (pier area).

Block 34 - Area bounded on the North by residential zone, Block 14

(approximately 100 meters from Looc-Piapi barangay boundary); on the East by Flores
Avenue; on the South by Looc Creek; and on the West by residential zone
(approximately 100 meters from Flores Avenue.

D. SMI- SMALL AND MEDIUM SCALE INDUSTRIES

Block 35 - Area bounded on the North by the municipal boundary of Sibulan;

on the East by Camanjac-Candau-ay barangay boundary; on the South by Dumaguete
Camanjac Extension Road and Dumaguete-Palinpinon Road; and on the West by the
municipal boundary of Valencia.

E. INSTITUTIONAL DISTRICTS

E.1. IN-1 INSTITUTIONAL

Block 36 - Area bounded on the North by Sibulan municipal boundary; on the

East by Dumaguete Bay; on the South by Mack Road; and on the West by Hibbard
Avenue (Dumaguete Airport Road). This is the Silliman University College of
Agriculture and Marine and Aquatic Resources Compound.

Block 37 - Area comprising Saint Paul College located at Barangay Bantayan.

Block 39 - Area comprising North City Elementary School located at

Barangay Piapi.

Block 40 - Area bounded on the North by V. Aldecoa Sr. Drive and Looc
Creek; on the East by Flores Avenue and Rizal Avenue; on the West by the
Dumaguete North Road and commercial zone (100 meters from the Dumaguete South
Road); on the South by Silliman Avenue. It is traversed by Hibbard Avenue
(Dumaguete Airport Road) and Katada Street. This is the Silliman University Campus.

Block 43 - Area comprising Calindagan Elementary School located at

Barangay Calindagan.

Block 44 - Area comprising Saint Louis School located at Barangay

Calindagan.

Block 45 - Area comprising South City Elementary School, located at

Barangay Mangnao.

Block 46 - Area comprising West City Elementary School, located at Barangay

Taclobo.
 19

Block 47 - Area comprising Foundation University located at Barangay

Taclobo.

Block 48 - Area comprising Babajuba Elementary School, located at the center

of four barangays namely: Bajumpandan, Banilad, Junob and Bagacay.

Block 49 - Area comprising Junob Elementary School, located at Barangay

Junob.

Block 50 - Area comprising Cantil-e Elementary School located at Barangay

Cantil-e.

Block 52 - Area comprising Cadawinonan Elementary School located at

Barangay Cadawinonan.

Block 53 - Area comprising Balugo Elementary School located at Barangay

Balugo.

Block 54 - Area comprising Candau-ay Elementary School located at

Barangay Candau-ay.

Block 55 - Area comprising Batinguel Elementary School located at Barangay

Batinguel.

Block 56 - Area comprising Camanjac Elementary School located at Barangay

Camanjac.

Block 57 - Area comprising Magsaysay Elementary School located at

Barangay Pulantubig.

Block 64 – Area comprising the Central Visayas Polytechnic College located at

Barangay Bajumpandan.

E.2. IN-2 CLUSTER DEVELOPMENT AREA

Block 38 - Area bounded on the North by Bantayan-Piapi barangay boundary;

on the East by lot boundaries of YMCA, Provincial Hospital and Provincial Nursery;
on the South by E. J. Blanco Drive; and on the West by Dumaguete North Road. This
area comprises the IPHO, YMCA, and Provincial Nursery.

Block 41 - Area bounded on the North by V. Aldecoa Sr. Drive and the road
leading to the Dumaguete Chinese Cemetery; on the East by the Dumaguete North
Road and Cervantes Street; on the South by Redemptorist Church private road; and on
the West by the Dumaguete-Camanjac Road (San Jose Extension). This area
comprises the CVPC, Redemptorist Church, Freedom Park, Lamberto Macias Sports
Complex, Negros Oriental High School and Provincial Capitol.

Block 42 - Area bounded on the North by Legaspi Street; on the East by a

commercial zone (approximately 100 meters from Rizal Avenue); on the South by
Colon Street; and on the West by Sta. Catalina Street. It is traversed by Tan Pedro
Teves Sr. and Burgos Streets. This area comprises the City Hall, City Central School,
Quezon Park, Cathedral Church, Holy Child Hospital and the Diocesan Pastoral
Center.

Block 51 - Area embracing the TB Pavilion, Talay Rehabilitation Center, Talay

Mini-Park, and Talay Day Care Center.
 20

Block 67 – Area comprising the proposed Government Center in barangay

Bajumpandan.

Block 70 – Area comprising the Slaughterhouse Complex and the Bureau of

Jail Management and Penology.

F. AGRICULTURAL DISTRICTS

F.1. AG - AGRICULTURAL AND RELATED ACTIVITIES

Block 58 – The whole area of Barangay Camanjac except those areas along
Camanjac Barangay Roads with a depth of fifty (50) meters on both sides which are
classified as R-1 (Low Density Residential) District and Camanjac Elementary School
Compound which is classified as institutional district.

Block 59 – The whole area of Barangay Candau-ay except those areas along
Dumaguete Camanjac Extension Road and Dumaguete-Palinpinon Road with a depth
of fifty (50) meters on both sides which are classified as R-1 (Low Density Residential)
District and areas, except Block 35 classified as an SMI District, identified as housing
projects (Scandinavian, Habitat, El Pueblo and Casa Alicia) which are also classified as
R-1 (Low Density Residential) District and Cluster Development Area as shown in the
Land Use Map and Block 54, an institutional zone.

Block 60 - The whole area of Barangay Balugo except those areas along
Dumaguete Balugo Road, Talay-Balugo Road and Balugo-Candau-ay Road, with a
depth of fifty (50) meters on both sides which are classified as R-1 (Low Density
Residential) District and the Habitat Housing project which is within IN-2 (Cluster
Development Area) District and Block 53, an institutional zone.

Block 61 - The whole area of Barangay Cadawinonan except those areas along
Dumaguete Balugo Road and Cadawinonan-Balugo Road, within a depth of fifty (50)
meters on both sides which are classified as R-1 (Low Density Residential) District,
areas identified as NHA Housing projects which are classified also as residential
districts, Block 52, an institutional zone and portion of Block 68, which embrace the
area bounded on the North by Cadawinonan-Balugo Road; on the West by Talay-
Cadawinonan Road; on the East by barangay boundary of Junob-Cadawinonan; and
on the South by barangay boundary of Talay-Cadawinonan.

Block 62 - The whole area of Barangay Cantil-e except the western portion of
Banilad-Bajumpandan-Cantil-e Road, Talay-Cantil-e Road, Cantil-e-Talay Road,
Cantil-e-Isugan Road and unnamed barangay road leading to Bung-ao, Valencia and
unnamed barangay road leading to Cantil-e Habitat Housing Project, within a depth of
fifty (50) meters on both sides which are classified as R-1 (Low Density Residential)
District and Block 50, an institutional zone.

Block 63 - The whole area of Barangay Bajumpandan except those areas along
Banilad-Bajumpandan-Cantil-e Road, the road leading to the Slaughterhouse Complex,
Bajumpandan-Isugan Road, and the unnamed road leading to the Bajumpandan
Habitat II Housing Project, within a depth of fifty (50) meters on both sides and
housing projects (Habitat I, II & III) which are classified as R-1 (Low Density
Residential) District, institutional zones, Block 64 & 70 and Block 67, the proposed
Government Center.
 21

G. OPEN SPACE/CONSERVATION DISTRICTS

G.1. OS - OPEN SPACE FOR PUBLIC PROTECTION, RESOURCE

CONSERVATION, AND PUBLIC ENJOYMENT.

I. Areas classified as open space are as follows:

1. Perdices Memorial Coliseum
2. Freedom Park
3. Rizal Boulevard
4. Quezon Park
5. Cemeteries and similar facilities

II. Conservation Districts: Areas bounded on the North by barangay boundary

of Banilad-Mangnao; on the East by the Dumaguete Bay and partially by Block 30
(Sta. Monica Beach Resort Compound); on the South by the municipal boundary of
Bacong; and on the West by residential district approximately four hundred (400)
meters from the Dumaguete South Road. It is traversed by Banilad Road and Banilad-
Sto. Niño Road.

Section 13. Interpretation of Boundary Lines. In the interpretation of district boundary lines
provided for in this Ordinance, the following rules shall be followed:

a) Where a district boundary line is defined to be upon a street or alley, the boundary line shall
be construed as following the said street or alley;

b) Where a district boundary line is described or defined following or approximately following

lot lines, said lot lines shall be construed as the boundary lines;

c) Where a boundary line is described or defined as approximately parallel to a street or alley, it

shall be taken as parallel thereto and to such distance therefrom as indicated on the Zoning Map. If no
distance is given, such dimension shall be determined by use of the scale shown on the Zoning Map;

d) In the case of unsubdivided property, the district boundary lines, as described or defined in
this Ordinance, shall be determined by the Zoning Administrator/Officer based on scaled distance on
the Zoning Map;

e) Where the boundary of a district follows an arroyo, stream, river, or other bodies of water,
said boundary line shall be deemed to extend to the limit of the jurisdictional boundary unless otherwise
indicated. Boundaries indicated as approximately following the centerlines of arroyos, streams, rivers,
or other bodies of water shall be construed to follow such centerlines. Boundaries indicated on the
Zoning Map shall be determined by the scale of the Map;

f) Boundaries indicated, as following shorelines shall be construed to follow such shorelines;

g) Should there be an uncertainty as to exact location of a district boundary line, such location
shall be determined by the Zoning Administrator, the City Coordinator, and the City Engineer.

Section 14. Easements, Streets, and other Public Lands Not Included in any District.
Should an easement of right-of-way constituted on a piece of land cease to exist, or should a street or
other public land, or any portion thereof, revert to private ownership and the same does not appear on
the Zoning Map as included in any district, the regulations provided for in this Ordinance which are
applicable to the district immediately adjacent to it, or the regulations applicable to the most restricted
district, should there be more than one district adjacent thereto, shall be applicable to such land or
portion thereof.

Section 15. District Boundary Line Dividing a Lot. Where a district boundary line divides a
lot of single ownership of record at the time such dividing line is adopted, except when said boundary
 22

line divides through a lot and the line is parallel to the street frontages of the lot, each part of the lot so
divided shall be governed by the regulations applicable to the district where it lies.

Section 16. Yard Requirements along District Boundary Line In a Less Restricted
District. Along any district boundary line, any side yard or rear yard abutting on a lot adjoining such
boundary line in the less restricted district shall have a minimum width and depth equal to the minimum
width for such yards in the more restricted district.

Section 17. Application of District Regulations. The regulations of this Ordinance, and of
each zoning district, unless otherwise provided, shall apply uniformly to each class or kind of structures
or land as follows:

a) No building, structure, or land shall be used or occupied, and no building or structure, or

part thereof, shall be erected, constructed, reconstructed, moved or structurally altered except in
conformity with all the regulations specified for the district in which it is located;

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

1) Exceed the prescribed height or bulk;

2) Accommodate a greater number of households than allowed;
3) Occupy a greater percentage buildable lot area;
4) Have narrower or smaller yard requirements unless otherwise specified;

c) No part of a yard, off-street parking space, loading/unloading area, or other open areas
required of one building shall be included as part of a yard, open space, off-street parking,
loading/unloading area, or other open area required of any other building on the lot;

d) Lots not of record at the time of the adoption of this Ordinance shall meet all regulations set
forth in the district in which it lies when developed.

ARTICLE IV
11
DISTRICT REGULATIONS

Section 18. Regulations in the R-1 Low Density Residential District.

Section 18.1. Permitted Uses in the R-1 District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) One household detached and semi-detached dwelling units;

b) Two households detached and semi-detached dwelling units;
c) Apartment houses, with no more than five (5) dwelling units provided for;
d) Elementary and High Schools, both public and private;
e) Public and semi-public institutions like:

1) Government buildings
2) Community centers
3) Health and puericulture centers, and clinics
4) Museums
5) Libraries
6) Police or fire stations
7) Parks
8) Plazas

11
Taken from the 1977 Interim Zoning Ordinance.
 23

9) Golf courses, tennis courts, badminton courts, soccer fields, basketball courts,
baseball diamonds, swimming pools, and similar uses;
10) Churches

f) Botanical gardens, both public and private;

g) Gardens;
h) Parking Lots or buildings;
i) Customary accessory uses, provided such uses shall not include any activity conducted
for monetary gain, like:

1) Private garage
2) Home laundries
3) Pump houses
4) Private pet house
5) Servant’s Quarters
6) Guard House
7) Buildings for poultry, pigs, and the like, for household consumption only, of
not more than four (4) square meters in floor area, if space is available
8) Small power plants and other machineries customarily used in connection with
churches, schools, museums, parks, playgrounds, community centers, golf
courses and dwellings and their accessory buildings, provided that:

a) Such machineries are so placed as to cause the least inconvenience to

adjoining residences;
b) They do not cause serious annoyance or injury to occupants of
adjoining premises by reason of the emission of odors, fumes or gases,
dust, smoke, noise or vibration, or other similar nuisances;
c) Such machineries, if other than electric, should be used as standby units
only and shall not be more than one (1) horsepower.

j) Customary incidental home occupations such as:

1) Dressmaking shops, tailoring shops, beauty shops, barber shops, flower shops,
and sari-sari stores;
2) Physicians and dentists offices, architectural and engineering offices, art and
commercial photography studios;
3) Home, cottage, and small-scale industries, considered home occupations for
the purposes of this district;
4) Restaurants, eateries, and refreshment parlors, considered home occupations
for the purpose of this district; and
5) Other similar occupations creating minimal disturbance.

These are all subject to the following performance criteria:

a) The use of the building for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants;

b) The percentage of floor area of a building devoted to a home

occupation shall not exceed twenty percent (20%) of the floor area of
one (1) storey;

c) The employment of individuals living outside of the dwelling unit on

the lot shall not exceed two (2) in number;

d) One (1) parking space for every three (3) employees, with access, shall
be provided within the buildable area of the lot. The traffic generated
by a home occupation shall not exceed the volume normally expected
 24

in a residential neighborhood;

e) If the home occupation is placed in an accessory building, the building

will have to be constructed within the area defined as the buildable area
for the lot;

f) One (1) sign containing the name, occupation, or other pertinent

information, which shall not exceed two-tenth (0.2) square meter in
size may be displayed.

Section 18.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public, or private, shall exceed a building height of nine and one-half (9.5) meters
and contain more than two (2) storeys.

Section 18.3 Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than two hundred (200) square meters. For a one (1) household
dwelling unit, the lot area per dwelling unit shall not be less than two hundred (200) square meters and
for two (2) household dwelling units the lot area per dwelling unit shall not be less than one hundred
sixty (160) square meters, or a total of three hundred twenty (320) square meters. In no case shall a lot
in this district have a front lot line less than twelve (12) meters in length. If a two (2) household
building is to be constructed, the minimum length of the front lot line shall be fifteen (15) meters.

Section 18.4. Yard Area Regulations. All standard lots shall have the following:

a) A front yard of not less than three (3) meters, measured parallel to the front lot line;

b) Two (2) side yards, one (1) on each side of a building, of not less than two (2) meters,
measured parallel to the appropriate side lot line. Substandard lots are not required to
provide two (2) side yards; only one (1) side yard of not less than two (2) meters is
required;

c) A rear yard with a depth of not less than three (3) meters, measured parallel to the rear
lot line.

Section 18.5. Additional Regulations. All land use development activities proposed in this
district shall also conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code and
any other applicable regulation;

b) All dwelling units shall have wastewater discharge lines that connect to a septic tank,
City Sewerage System, or acceptable and sanitary wastewater disposal system;

c) All uses listed in Sec. 18.1, d and e, shall provide off-street parking space, with access,
within the buildable area of the lot at the rate of one (1) parking space per one hundred
(100) square meters of floor area;

d) At least one (1) parking space shall be provided for every two (2) dwelling units within
the buildable area of the lot;

e) Fractions of parking spaces will be rounded to the nearest whole number.

Section 19. Regulations in the R-2 Medium Density Residential District.

Section 19.1 Permitted Uses in the R-2 District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:
 25

a) All uses permitted in the R-1 district;

b) Apartment houses, with no more than ten (10) dwelling units provided for;

c) Residential Condominiums, with no more than ten (10) dwelling units provided for;

d) Lodging and Boarding houses;

e) Dormitories;

f) Club Houses not conducted as a business;

g) Nursing or Convalescence Homes, with no more than ten (10) beds;

h) Nurseries or Day Care Centers, provided that such use is considered as a home
occupation and regulated by the provisions of Sec. 18.1, j, of this Article;

i) Any use customarily incidental and subordinate to any of the above-enumerated uses.

Section 19.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public, or private, shall exceed a building height of thirteen and one-half (13.5)
meters and shall not contain more than three (3) storeys.

Section 19.3 Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than one hundred fifty (150) square meters. For more than one (1)
dwelling unit constructed, the lot area per unit shall not be less than one hundred twenty (120) square
meters, measured at grade level. In no case shall a lot in this district have a front lot line less than ten
(10) meters in length. If a two (2) household building is to be constructed, the minimum length of the
front lot line shall be twelve (12) meters.

Section 19.4. Yard Area Regulations. All standard lots shall have the following:

a) A front yard of not less than three (3) meters, measured parallel to the front lot line;

b) Two (2) side yards, one (1) on each side of a building, of not less than two (2) meters,
measured parallel to the appropriate side lot line. Substandard lots are not required to
provide two (2) side yards; only one (1) side yard of not less than two (2) meters is
required;

c) A rear yard with a depth of not less than two (2) meters, measured parallel to the rear
lot line.

Section 19.5. Additional Regulations. All land use development activities proposed in this
district shall also conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code and any
other applicable regulation;

b) All structures for predominantly human habitation shall have waste discharge lines that
connect to a septic tank, City Sewerage System, or acceptable and sanitary wastewater
disposal systems;

c) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed nine-tenth (0.90) square meter in area;

d) That off-street parking space be provided within the buildable area of the lot in the
following manner:
 26

1) One (1) parking space, with access, for every two (2) dwelling units; or

2) One (1) parking space with access, for every one hundred (100) square meters
of floor area in the case of lodging or boarding houses, dormitories, club
houses, nursing or convalescence homes, and nurseries or day care centers;

e) Fractions of parking spaces will be rounded to the nearest whole number.

Section 20. Regulations in the R-3 High Density Residential District.

Section 20.1. Permitted Uses in the R-3 District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) All uses permitted in the R-1 and R-2 districts;

b) Apartment Houses;

c) Residential Condominiums;

d) Row Houses;

e) Boarding and Lodging Houses;

f) Dormitories;

g) Parks, plazas, tennis courts, badminton courts, basketball courts, baseball diamonds,
swimming pools, soccer fields, etc.;

h) Nurseries or day care centers;

i) Nursing or Convalescence Homes;

j) Any use customarily incidental and subordinate to any of the above-enumerated uses.

Section 20.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of fifteen (15) meters and shall not
contain more than four (4) storeys.

Section 20.3. Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than one hundred fifty (150) square meters. For more than one (1)
dwelling unit constructed, the lot area per unit shall not be less than eighty (80) square meters,
measured at grade level. In no case shall a lot in this district have a front lot line less than ten (10)
meters in length.

Section 20.4. Yard Area Regulations. All standard lots shall have the following:

a) A front yard of not less than two (2) meters, measured parallel to the front lot line;

b) Two (2) side yards, one (1) on each side of a building, not less than one (1) meter,
measured parallel to the appropriate side lot line. Substandard lots are required to
provide one (1) side yard of not less than one (1) meter;

c) A rear yard with a depth of not less than two (2) meters, measured parallel to the rear
lot line;

d) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street.
 27

Section 20.5. Additional Regulations. All land use development activities proposed in this
district shall also conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) All structures for predominantly human habitation shall have wastewater discharge
lines that connect to a septic tank, City Sewerage System, or acceptable and sanitary
wastewater disposal system;

c) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed two and eight-tenth (2.8) square meters in area;

d) That off-street parking space be provided within the buildable area of the lot in the
following manner:

One (1) parking space, with access, for every one hundred (100) square meters of floor
area in the case of lodging or boarding houses, dormitories, club houses, nursing or
convalescence homes, and nurseries or day care centers;

e) Fractions of parking spaces will be rounded to the nearest whole number.

Section 21. Regulations in the C-1 Retail Commercial District.

Section 21.1. Permitted Uses in the C-1 District. The following shall be permitted in this
district, subject to the conditions herein enumerated:

a) Retail stores for dry goods, light hardwares, and electrical supplies;
b) Drugstores and clinics;
c) Hat, footwear, and clothing stores;
d) Sari-sari stores;
e) Flower shops;
f) Groceries and bakeries with electrical equipment not exceeding five (5) horsepower.
Should establishments use gas, firewood, or pugon, safety measures shall be certified
by the City Fire Chief. Bakeries using firewood shall not be allowed;
g) Restaurants, cafes, tea rooms, refreshment parlors, and other eating-places;
h) Beauty parlors, sauna baths, and massage clinics;
i) Millineries;
j) Shoe repair, watch repair, silver and goldsmith, barber, and similar shops;
k) Parks and playgrounds;
l) Parking lots and structures;
m) Filling stations, except within the Poblacion Barangays (Poblacion 1 to 8);
n) Service Stations, except within the Poblacion Barangays (Poblacion 1 to 8);
o) Bookstores and office supply shops;
p) Car accessory shops;
q) Photography shops;
r) Markets, groceries, and supermarkets;
s) Moviehouses, theaters;
t) Pelota Courts and swimming pools;
u) Dancing, speech, driving and self-defense schools;
v) Bowling alleys;
w) Professional offices, banks, and similar uses;
x) Motels, hotels, and pension houses;
y) Bicycle and motorcycle shops;
z) Public markets, and bus terminals;
aa) Ticket offices;
bb) Printing shops;
 28

cc) Copying shops;

dd) Private mail and telegraph services;
ee) Shopping centers;
ff) Day and night clubs;
gg) Accessory buildings and uses as appropriate;
hh) Storerooms and warehouses, only as may be necessary for the efficient conduct of the
business;
ii) Building and Construction materials supply store;
jj) Vulcanizing and recapping of tires;
kk) Lumberyard, except within Poblacion Barangays (Poblacion 1 to 8);
ll) Any other retail store that is compatible with the above listed uses in this district.

Section 21.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of thirty-seven and one-half (37.5)
meters and shall not contain more than ten (10) storeys.

Buildings in this zoning area containing more than three (3) storeys are required to install
elevators or escalators to serve the whole building from the ground floor.

Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 21.5 (d) of this Ordinance shall be required.

Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:

a) A sprinkler system for fire control for the whole building;

b) All development activities shall conform with existing government building

codes, sanitary standard, fire codes, PD 198 and any other applicable
regulations, not inconsistent with this Ordinance.

Section 21.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.

Section 21.4. Yard Area Regulations. Each lot shall have the following:

a) A front yard of not less than five (5) meters, measured parallel to the front lot line;

b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;

c) Corner lots shall have yard setbacks of five (5) meters, measured parallel to the
appropriate lot lines facing a street;

d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.

No indention or setback should be enclosed or fenced by the lot owners and if the setback is
elevated, the slope should be gradual to allow parking for motor vehicles. Furthermore, no
construction of any kind or description shall be allowed on the setback or indented portion, as said area
is exclusively for sidewalk and parking area for motor vehicles.

Section 21.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;
 29

b) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten (10%) percent of the facade of the first storey;

c) The setback or indention shall not be less than five (5) meters, of which shall serve as a
sidewalk of not more than one (1) meter nearest the building and the remaining as the
parking area. The existing building is exempted from this amendment except repairs
and renovation of the front portion of the building that are made of concrete materials,
and provided further, that this indention should not be enclosed or fenced by the lot
owners and if the setback is elevated, the slope should be gradual to allow parking for
motor vehicles and provided furthermore, that this will be subject to the approval of the
building officials.

Thereafter, no construction of any kind or description shall be allowed on the setback

or indented portion, as said area is exclusively for sidewalk and parking area for motor
vehicles;

d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:

One (1) parking space, with access, for every one hundred (100) square meters of floor
area beyond the three (3) storeys. Fractions of parking spaces will be rounded to the
nearest whole number;

e) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads;

f) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.

Section 22. Regulations in the C-2 Shop House Commercial District.

Section 22.1. Permitted Uses in the C-2 District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) Retail stores for dry goods, light hardwares, and electrical supplies;
b) Drugstores and clinics;
c) Hat, footwear, and clothing stores;
d) Sari-sari stores;
e) Flower shops;
f) Restaurants, cafes, tea rooms, refreshment parlors, and other eating-places;
g) Beauty parlors;
h) Millineries;
i) Shoe repair, watch repair, silver and goldsmith, office equipment repair, and other
similar shops;
j) Bookstores and office supply shops;
k) Copying shops;
l) Car Accessory shops;
m) Filling stations;
n) Service Stations;
o) Photography shops;
p) Markets, groceries, bakeries, and supermarkets;
q) Shopping centers;
r) Professional offices, banks and similar uses;
s) Accessory buildings and uses as appropriate;
 30

t) Shop houses in combination with any of the above, provided such activities listed
above are limited to one (1) storey;
u) Parks, playgrounds, plazas, basketball courts, baseball diamonds, and similar uses;
v) Storerooms and warehouses, only as maybe necessary for the efficient conduct of the
business;
w) Building and construction materials supply stores;
x) Vulcanizing and recapping of tires;
y) Lumberyard, except within Poblacion Barangays (Poblacion 1 to 8);
z) Ironworks and furniture shops, except within Poblacion Barangays (Poblacion 1 to 8);
aa) Any other commercial establishment compatible with the above listed uses in this
district.

Section 22.2. Permitted Uses along National Highways with a Depth of One Hundred
(100) Meters on Both Sides. Along National Highways in the City there shall be permitted all uses
under C-1 and C-2 Districts within a depth of one hundred (100) meters on both sides except in the
institutional zones crossed by the highways; provided, however, that the uses in C-1, C-2, and C-3
Districts shall also be permitted in the area bounded by Dumaguete-Valencia Road, Angatan Road, and
Real Street.

Section 22.3. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of thirty-seven and one-half (37.5)
meters and shall not contain more than ten (10) storeys.

Buildings in this zoning area containing more than three (3) storeys are required to install
elevators or escalators to serve the whole building from the ground floor .

Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 5.6 (d) of this Ordinance shall be required.

Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:

a) A sprinkler system for fire control for the whole building;

b) All development activities shall conform with existing government building

codes, sanitary standard, fire codes, PD 198 and any other applicable
regulations, not inconsistent with this Ordinance.

Section 22.4. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.

Section 22.5. Yard Area Regulations. Each lot shall have the following:

a) A front yard of not less than five (5) meters, measured parallel to the front lot line;

b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;

c) Corner lots shall have yard setbacks of five (5) meters, measured parallel to the
appropriate lot lines facing a street;

d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.

No indention or setback should be enclosed or fenced by the lot owners and if the setback is
elevated, the slope should be gradual to allow parking for motor vehicles. Furthermore, no
construction of any kind or description shall be allowed on the setback or indented portion, as said area
 31

is exclusively for sidewalk and parking area for motor vehicles.

Section 22.6. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten (10%) percent of the facade of the first storey;

c) The setback or indention shall not be less than five (5) meters, of which shall serve as a
sidewalk of not more than one (1) meter nearest the building and the remaining as the
parking area. The existing building is exempted from this amendment except repairs
and renovation of the front portion of the building that are made of concrete materials,
and provided further, that this indention should not be enclosed or fenced by the lot
owners and if the setback is elevated, the slope should be gradual to allow parking for
motor vehicles and provided furthermore, that this will be subject to the approval of the
building officials.

Thereafter, no construction of any kind or description shall be allowed on the setback

or indented portion, as said area is exclusively for sidewalk and parking area for motor
vehicles;

d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:

One (1) parking space, with access, for every one hundred (100) square meters of floor
area beyond the three (3) storeys. Fractions of parking spaces will be rounded to the
nearest whole number;

e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.

Section 23. Regulation in the C-3 Wholesale and Storage Commercial District.

Section 23.1. Permitted Uses in the C-3 District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) Building materials storage yards;

b) Bonded warehouses and other warehouses;
c) Cold storage facilities;
d) Contractor's plant and storage yards;
e) Embalming establishments and funeral parlors;
f) Manufacture of bakery products;
g) Commercial and job printing;
h) Home appliance repair shops;
i) Motor vehicles and accessory repair shops;
j) Home furnishings construction and repair shops;
k) Rice and other grain mills, with machinery not exceeding ten (10) horsepower;
l) Equipment sales and rentals like farm and construction equipment, cars and trucks, and
associated uses requiring large lot size, storage space; spare parts departments, and
repair areas;
m) Filling stations;
n) Service stations;
o) Accessory buildings and uses as appropriate;
p) Any other establishment compatible with the above listed uses in this district.
 32

The aforementioned permitted uses may also be allowed in the additional designated areas of
the C-1 and C-2 Zoning Districts.

Section 23.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of thirty-seven and a half (37.5)
meters and shall not contain more than ten (10) storeys.

Buildings in this zoning area containing more than three (3) storeys are required to install
elevators to serve the whole building from the ground floor.

Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 23.5 (d) of this Ordinance shall be required.

Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:

a) A sprinkler system for fire control for the whole building;

b) All development activities shall conform with existing government building

codes, sanitary standard, fire codes, PD 198 and any other applicable
regulations, not inconsistent with this Ordinance.

Section 23.3. Lot Area Regulations. No lot developed in accordance with this zoning district
shall be less than two hundred (200) square meters. In no case shall a lot in this district have a front lot
line less than twelve (12) meters in length.

Section 23.4. Yard Area Regulations. Each lot shall have the following:

a) A front yard of not less than five (5) meters, measured parallel to the front lot line;

b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;

c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street;

d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.

Section 23.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) The aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten (10%) percent of the facade of the first storey;

c) The setback or indention shall not be less than five (5) meters, of which shall serve as a
sidewalk of not more than one (1) meter nearest the building and the remaining as the
parking area. The existing building is exempted from this amendment except repairs
and renovation of the front portion of the building that are made of concrete materials,
and provided further, that this indention should not be enclosed or fenced by the lot
owners and if the setback is elevated, the slope should be gradual to allow parking for
motor vehicles and provided furthermore, that this will be subject to the approval of the
building officials.

Thereafter, no construction of any kind or description shall be allowed on the setback

 33

or indented portion, as said area is exclusively for sidewalk and parking area for motor
vehicles;

d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:
One (1) parking space, with access, for every one hundred (100) square meters of floor
area beyond the three (3) storeys. Fractions of parking spaces will be rounded to the
nearest whole number;

e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.

Section 24. Regulations in the C-4 Tourist Commercial District.

Section 24.1. Permitted Uses in the C-4 District. The following shall be the permitted uses in
this district, subject to conditions herein enumerated:

a) Apartment houses;
b) Hotels;
c) Motels;
d) Club houses and lodges;
e) Restaurant, refreshment parlors, and other eateries;
f) Pension houses;
g) Parks, playgrounds, and plazas;
h) Pelota courts, swimming pools, tennis courts, badminton courts, and golf courses;
i) Resorts;
j) Day and night clubs;
k) Accessory buildings and uses as appropriate;
l) Any other establishment compatible with the above listed uses in this district.

Section 24.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of thirty-seven and one-half (37.5)
meters and shall not contain more than ten (10) storeys.

Buildings in this zoning area containing more than three (3) storeys are required to install
elevators to serve the whole building from the ground floor.

Provided further, that for buildings beyond three (3) storeys, a parking area as defined in
Section 24.5 (d) of this Ordinance shall be required.

Provided finally, that there must be installed or set aside on buildings containing more than
three (3) storeys the following:

a) A sprinkler system for fire control for the whole building;

b) All development activities shall conform with existing government building

codes, sanitary standard, fire codes, PD 198 and any other applicable
regulations, not inconsistent with this Ordinance.

Section 24.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than twelve (12) meters in length.

Section 24.4. Yard Area Regulations. All standard lots shall have the following:

a) A front yard of not less than three (3) meters, measured parallel to the front lot line;
 34

b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;

c) Two (2) side yards, one (1) on each side of the building, which shall have a combined
width of not less than two (2) meters, measured parallel to the appropriate side lot line.
Substandard lots are not required to provide two (2) meters, measured parallel to the
appropriate side lot line. Substandard lots are not required to provide two (2) side
yards.

Section 24.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations;

a) All activities shall conform with existing building codes, sanitary code, fire code, and
any other applicable regulation;

b) That aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten percent (10%) of the facade of the first storey;

c) The setback or indention shall not be less than five (5) meters, of which shall serve as a
sidewalk of not more than one (1) meter nearest the building and the remaining as the
parking area. The existing building is exempted from this amendment except repairs
and renovation of the front portion of the building that are made of concrete materials,
and provided further, that this indention should not be enclosed or fenced by the lot
owners and if the setback is elevated, the slope should be gradual to allow parking for
motor vehicles and provided furthermore, that this will be subject to the approval of the
building officials.

Thereafter, no construction of any kind or description shall be allowed on the setback

or indented portion, as said area is exclusively for sidewalk and parking area for motor
vehicles;

d) For those buildings beyond three (3) storeys, off-street parking space shall be provided
within the buildable area of the lot in the following manner:

One (1) parking space, with access, for every one hundred (100) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number;

e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.

Section 25. Regulations in the PA-Port Area District.

Section 25.1. Permitted Uses in the PA District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) Warehouses and bonded warehouses;

b) Storage facilities;
c) Government offices related to port and maritime operations;
d) Ticket offices and transit facilities for passengers;
e) Restaurants, refreshment parlors, sari-sari stores, and other eating places oriented to
passengers;
f) Bus terminals, parking lots, and parking buildings;
g) Parks, plazas, and similar uses;
h) Public markets;
i) Tourist inns and pension houses;
j) Accessory uses and buildings as appropriate;
k) Any other establishments compatible with the permitted uses listed above.
 35

Section 25.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of fifteen (15) meters and shall not
contain more than four (4) storeys.

Section 25.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.

Section 25.4. Yard Area Regulations. Each lot shall have the following:

a) A front yard of not less than five (5) meters, measured parallel to the front lot line;

b) A rear yard of not less than two (2) meters measured parallel to the rear lot line;

c) Corner lots shall have yard setbacks of five (5) meters, measured parallel to the
appropriate lot lines facing a street;

d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.

No indention or setback should be enclosed or fenced by the lot owners and if the setback is
elevated, the slope should be gradual to allow parking for motor vehicles. Furthermore, no
construction of any kind or description shall be allowed on the setback or indented portion, as said area
is exclusively for sidewalk and parking area for motor vehicles.

Section 25.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) That aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten percent (10%) of the facade of the first storey;

c) That off-street parking space be provided within the buildable area of the lot in the
following manner;

One (1) parking space, with access, for every two hundred (200) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number;

d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads.

Section 26. Regulations in the SMI Small and Medium Scale Industrial District.

Section 26.1. Permitted Uses in the SMI District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:

a) Rice and other grain mills;

b) Coal and charcoal yards;
c) Blacksmithing and horseshoeing shops;
d) Factories for ironwork products such as: grills, fences, steel furniture, and similar
articles;
e) Motor vehicle repair and construction shops;
 36

f) Fish drying establishments;

g) Commercial stables;
h) Footwear factories;
i) Ice plants and cold storage facilities;
j) Machine shops;
k) Woodworking establishments like carpentry, furniture, and similar shops;
l) Lumber yards and saw mills;
m) Rubber goods factories;
n) Match factories;
o) Toyo, bijon, and cocoa factories;
p) Stock yards and slaughterhouses;
q) Fertilizer plants;
r) Tanneries;
s) Factories for the manufacture of bricks, tiles, potteries, ceramics, and similar products;
t) Glass and bottle factories;
u) Electric plants;
v) Sheet metal works;
w) Plywood, veneer, and other wood products factories;
x) Animal food factories;
y) Candle factories;
z) Kapok factories;
aa) Mattress factories;
bb) Cigar and cigarette factories;
cc) Ice drops or ice cream factories;
dd) Concrete hollow block factories;
ee) Garment factories;
ff) Coconut oil and copra processing plants;
gg) Any use which would adversely affect uses in any other district by reason of
objectionable noise, vibration, smoke, cinders, odors, gas, fumes, dust, or chemicals, or
would be dangerous because of fire, explosion, or similar dangers;
hh) Accessory buildings and uses as appropriate;
ii) Any other use compatible with the permitted uses listed above.

Section 26.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of fifteen (15) meters and shall not
contain more than four (4) storeys.

Section 26.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than two hundred (200) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.

Section 26.4. Yard Area Regulation. Each lot shall have the following:

a) A front yard of not less than three (3) meters, measured parallel to the front lot line;

b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;

c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street;

d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.

Section 26.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
 37

any other applicable regulation;

b) That aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten percent (10%) of the facade of the first storey;

c) That off-street parking space be provided within the buildable area of the lot in the
following manner:

One (1) parking space, with access, for every two hundred (200) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number;

d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads;

e) The rear yard should be connected with a fire exit of not less than 1.20 meters to the
front yard.

Section 27. Regulations in the IN-1 Institutional District.

Section 27.1. Permitted Uses in the IN-1 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:

a) Government office buildings;

b) Community centers;
c) Health and puericulture centers;
d) Maternity hospitals;
e) Museums;
f) Libraries;
g) Police and fire stations;
h) Telephone exchanges;
i) Electric substations and generating stations;
j) Universities, colleges, institutes, and vocational schools;
k) Dormitories, boarding houses, and lodging houses;
l) Seminaries, and nunneries;
m) Churches and other places of worship;
n) Orphanages, old peoples' homes, and other welfare homes;
o) Sanitariums and clinics;
p) Hospitals;
q) Cemeteries and similar facilities;
r) Parks and plazas;
s) Playgrounds, golf courses, tennis courts, badminton courts, football fields, basketball
courts, baseball diamonds, pelota courts, swimming pools, and other similar facilities;
t) Botanical gardens;
u) Nursing or convalescence homes;
v) Nursing and day care centers;
w) Any other use compatible with the permitted uses in this district.

Section 27.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public or private, shall exceed a building height of fifteen (15) meters and shall not
contain more than four (4) storeys.

Section 27.3. Lot Area Regulations. No lot developed in accordance with provisions of this
zoning district shall be less than one hundred (100) square meters. In no case shall a lot in this district
have a front lot line less than eight (8) meters in length.
 38

Section 27.4. Yard Area Regulation. Each lot shall have the following:

a) A front yard of not less than three (3) meters, measured parallel to the front lot line;

b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;

c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street;

d) Ground floor shall be provided by at least 1.20 meters fire passage connecting the rear
and front yards.

Section 27.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) That aggregate sign area for the lot on which the development activities is proposed
shall not exceed ten percent (10%) of the facade of the first storey;

c) That off-street parking space be provided within the buildable area of the lot in the
following manner:

1) One (1) parking space, with access, for every one hundred (100) square meters
of floor area;

2) One (1) parking space, with access, for every two hundred (200) square meters
of lot area, in the case of parks, plazas, playgrounds, and similar uses;

3) Fractions of parking spaces will be rounded to the nearest whole number;

d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads.

Section 28. Regulations in the IN-2 Cluster Development Area District.

Section 28.1. Permitted Uses in the IN-2 District. The following shall be the permitted uses
in this district, subject to the conditions herein enumerated:

a) Cluster Development Areas, to include some or all of the following:

1) Elementary schools;
2) Barangay or community meeting halls;
3) Recreation areas and facilities;
4) Parks/open space;
5) Agricultural information offices;
6) Demonstration barangay gardens;
7) Recycling centers;
8) Public markets;
9) Cottage industries training centers;
10) Barangay health centers or clinics;
11) Cemeteries and similar facilities;
12) Other uses that would be clearly compatible to the above uses.
 39

Section 28.2. Building Height Regulations. No building or structure in this zoning district,
whether public, semi-public, or private, shall exceed a building height of thirteen and one-half (13.5)
meters and shall not contain more than three (3) storeys.

Section 28.3. Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than one (1) hectare in area. All land to be developed shall be
contiguous.

Section 28.4. Yard Area Regulation. Each lot shall have the following:

a) A front yard of not less than three (3) meters, measured parallel to the front lot line;

b) A rear yard of not less than three (3) meters, measured parallel to the rear lot line;

c) Corner lots shall provide setbacks of three (3) meters, measured parallel to the
appropriate lot lines facing a street.

Section 28.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) That aggregate sign area for the lot on which the development activities is proposed
shall not exceed ten percent (10%) of the facade of the first storey;

c) That off-street parking space be provided within the buildable area of the lot in the
following manner:

1) One (1) parking space, with access, for every one hundred (100) square meters
of floor area;

2) One (1) parking space, with access, for every two hundred (200) square meters
of lot area, in the case of parks, plazas, playgrounds, and similar uses;

3) Fractions of parking spaces will be rounded to the nearest whole number;

d) For all structures with one hundred (100) square meters or more of floor area,
sufficient off-street space within the buildable area of the lot, with access, for one (1)
large truck, for delivery and loading/unloading activities, shall be provided as
determined by the Building Official so that such activities do not in any way interfere
with the traffic flow on public roads.

Section 29. Regulations in the AG Agricultural Activities District.

Section 29.1. Permitted Uses in the AG District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) Agricultural activities such as the cultivation and harvesting of farm produce and
coconuts, the raising and keeping of poultry, carabao, cattle, hogs, and other farm
animals, and similar activities;

b) Fishponds and saltponds;

c) Rice and other grain mills;

d) Copra processing facilities;

 40

e) Cockpits;

f) Cemeteries, funeral parlors and similar facilities;

g) Recreational facilities which do not require structures other than club houses, storage
sheds, and similar structures;

h) Agriculturally-oriented home, cottage, and small and medium scale industries that are
not unreasonably harmful or offensive by reason of noise, vibration, smoke, cinders,
odors, gas, fumes, dust, or chemicals, or would be harmful or offensive because of fire,
explosion or similar dangers;

i) Junk yards, garbage disposal sites, sand and gravel extraction sites, coal and charcoal
yards, stockyards and slaughterhouses, and commercial and private stables, that are not
unreasonably harmful or offensive by reason of noise, vibration, smoke, cinders, odors,
gas, fumes, dust, or chemicals, or would be harmful or offensive because of fire,
explosion, or similar dangers;

j) The residences of farmers, farm workers, and their immediate households. Residences
shall be clearly subordinate to the predominant use on the lot;

k) Residential dwelling units on lots of less than one-half (0.5) hectare, where the intended
predominant use is not agricultural in nature;

l) Radio and television towers;

m) Accessory uses and structures as appropriate;

n) Any other use compatible with the above permitted uses.

Section 29.2. Building Height Regulations. No building or structures in this zoning district
shall exceed a building height of twelve (12.0) meters and shall not contain more than two (2) storeys.

Section 29.3. Lot Area Regulations. No lot developed in accordance with the provisions of
this zoning district shall be less than five hundred (500) square meters, except as provided in Section
29.1, k.

Section 29.4. Yard Area Regulations. Each lot shall have a front yard setback of not less than
five (5) meters for any structure intended to be constructed on the lot.

Section 29.5. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) That aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten percent (10%) of the facade of the first storey;

c) That off-street parking space be provided within the buildable area of the lot in the
following manner:

One (1) parking space, with access, for every one hundred (100) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number.
 41

Section 30. Regulations in the OS Open Space/Conservation District.

Section 30.1. Permitted Uses in the OS District. The following shall be the permitted uses in
this district, subject to the conditions herein enumerated:

a) Environmental research;
b) Small-scale forestry;
c) Vegetation management along natural waterways;
d) Fishponds and saltponds;
e) Cultivation of agricultural crops;
f) Outdoor recreation activities not requiring extensive space;
g) Quarrying of sand and gravel deposits;
h) Radio and television towers;
i) Accessory uses and buildings as appropriate. For the purposes of this district, any
structure or building is considered an accessory use.

Section 30.2. Building Height Regulations. No accessory building or structure in this zoning
district shall exceed a building height of five (5.0) meters and shall not contain more than one (1)
storey.

Section 30.3. Easement Regulations. Easement regulations shall apply to the following areas
in this district:

a) Lands bordering natural waterways, both continuous and intermittent; as shown on the
Zoning Map of Dumaguete;

b) Lands bordering the Dumaguete Bay, as shown on the Land Use Map of Dumaguete
City.

An easement of three (3.0) meters from each bank of all natural waterways shall be
provided for public health, safety, and welfare as provided for in the Philippine Land
Surveyor's Manual, published by the Bureau of Lands of the Department of Agriculture
and Natural Resources, and Presidential Decree No. 1067, otherwise known as the
Water Code of the Philippines.

Section 30.4. Additional Regulations. All land use development activities proposed in this
district shall conform to the following regulations:

a) All activities shall conform with existing building code, sanitary code, fire code, and
any other applicable regulation;

b) That aggregate sign area for the lot on which the development activity is proposed shall
not exceed ten percent (10%) of the facade of the first storey;

c) That off-street parking space be provided within the buildable area of the lot in the
following manner:

One (1) parking space, with access, for every one hundred (100) square meters of floor
area. Fractions of parking spaces will be rounded to the nearest whole number.

Section 30.5. Permit System. A Special Permit shall be obtained from the Zoning
Administrator/Officer before an applicant can undertake any activities in this district. Realizing that
these areas are of special significance because of their present or potential recreational use, safety
problems, drainage problems, or the special nature of the agricultural crops grown, the Zoning
Administrator/Officer must make all of the following findings before issuance of a Special Permit:

a) The public's right of access will not be obstructed in any way;

 42

b) The proposal will in no way cause harm to existing vegetation to the point where
erosion occurs;

c) The proposal will in no way create a situation where natural drainage is impaired or
obstructed;

d) The proposal is designed in a manner which would result in a minimum encroachment

upon areas of agricultural and aquatic production.

Section 31. Supplementary Regulations.

Section 31.1. Existing Non-conforming Uses. The lawful use of any building, structure or
land at the time of the adoption of this Ordinance may be continued, although such use does not
conform to the regulations of this Ordinance provided:

a) That no such non-conforming use shall be enlarged or increased, or extended to

occupy a greater area at the time of the enactment of this Ordinance, or moved, in
whole or in part, to any other portion of the existing lot, or other parcel of land, where
such non-conforming use exists at the time of the adoption of this Ordinance;

b) That no such non-conforming use which has ceased for more than twelve (12) months,
or has been changed to a use permitted in the district in which it is located, shall again
be devoted to a non-conforming use;

c) That any non-conforming building or structure or one or more of a group of non-

conforming buildings or structures related to one industry, or to any other use or uses
and under one (1) or multiple ownership, which have been or may be damaged by force
majeure such as fire, flood, explosion, earthquake, war, riot, or other forces, may be
completely reconstructed and used as before, provided that such complete
reconstruction is done within twelve (12) months from the date of such damage.

Section 31.2. Existing Non-Conforming Buildings. All buildings existing at the time of the
passage of this Ordinance having yards or open spaces or lot area per household less than that required
by the provisions of this Ordinance, or covering a greater area of the lot than that allowed, or
exceeding the height limits herein provided for, may be structurally altered or repaired, provided that
such alteration or repair shall not be more than fifty percent (50%) of the assessed value of the City
Assessor’s Office of such buildings for the year in which the alteration or repair takes place; and
provided further, that no insufficient yard space shall be further reduced, nor the area covered by the
buildings or their height or the number of storeys they contain be further increased; Provided finally,
that permanent improvement shall not extend beyond the approved building line/setback requirements
in the Zoning Ordinance.

Section 31.3. Building Permits Issued Prior to the Approval of this Ordinance. Nothing
herein contained shall require any change in the plans, construction, size or designated use of any
building, structure or part thereof for which a building permit has been duly granted prior to the
enactment of this Ordinance, provided that the construction of such building, structure, or part thereof
shall have been started within six (6) months from the date of the issuance of such permit.

Section 31.4. Rear Dwelling. No building shall be allowed in any lot as a residence unless such
lot has an easement of right-of-way over a path sufficient to the needs of a dominant estate leading to a
street. Two or more such buildings, however, may be allowed, should there be a common easement of
right of way over a path of at least four (4) meters, wide provided therefor. In no case shall rear
dwellings and other structures exceed the buildable area regulations for the applicable district.

Section 31.5. Accessory Buildings. In residential districts, all accessory buildings, except
garages, which may be built on the side yard, shall be located in the rear yard and shall not occupy
more than twenty-five percent (25%) of the combined area of the required rear yard and side yards. In
 43

case of through lots, however, accessory buildings may be located in the side yards, but shall not
occupy more than forty percent (40%) of the combined required side yard areas. In no case shall
accessory buildings of more than three and one-half (3.5) meters high be allowed. In no case shall
accessory buildings and other buildings exceed the buildable area regulations for the applicable district.

Section 31.6. Pedestrian Alleys. Pedestrian alleys of two (2) meters or less in width
exclusively used for pedestrian purposes and existing prior to the enactment of this Ordinance may be
considered as part of a required yard, provided that in the application of the provisions of this section,
only up to the center line of such alley may be considered as part of the yard for the buildings on either
side of said alleys.

Section 31.7. Private Alleys. Private alleys or paths covered by easement of right-of-way may
be considered as part of a required yard for those buildings only for which such private alleys or
easements are intended. Private alleys shall have a standard width of four (4) meters.

Section 31.8. Required Yard of One Building. No part of a required yard or other open
spaces provided for any principal building or structure may be included as part of a required yard or
other open spaces for another building or structure.

Section 31.9. Exception to Height Regulations. In residential districts, the height limitations
provided in this Ordinance shall not apply to churches, schools, hospitals, sanitariums, and other public
or semi-public buildings. Neither shall the height limitations provided for in this Ordinance apply to
church spires, belfries, cupolas, and domes not intended for human occupancy; nor to monuments,
water towers, transmission towers, chimneys, radio towers, masts, aerial coding towers, and other
mechanical appurtenances.

Section 31.10. Exceptions to Yard Regulations. Every part of a required yard shall be open
from its lowest point to the sky and shall not be obstructed, except:

a) For the ordinary projections of sills, belt courses, cornices, and other architectural
features as well as fire escapes, provided that none of the above-enumerated structures
shall project more than one (1) meter at any point into the minimum yard, except eaves,
which can project 1.20 meters from the wall of the building;

b) For uncovered porches, terraces, steps, or stairs, which may project to within one (1)
meter from the lot line.

Section 31.11. Visibility at Intersections in Residential Districts. On a corner lot in any

residential district (R-1, R-2, R-3), nothing shall be erected, placed or allowed to grow in such a
manner as to reduce or impede vision between a height of one (1) meter above the centerline grade of
intersecting streets and three (3) meters above the same centerline grade in an area bounded by the
street lines of such corner lots and a line joining points measured three (3) meters from the corner of
the lot at the road intersection.

Section 31.12. Substandard Lots. Any substandard lot existing and of record at the time of
the adoption of this Ordinance may be developed (structural) only in accordance with the provisions of
the zoning district in which it lies and any other applicable regulation.

In no case shall a substandard lot not of record at the time of the adoption of this Ordinance be
developed (structural).

From the date of adoption of this amended Zoning Ordinance, owners or their representatives
shall be allowed to register any substandard lot with the Zoning Administrator/Officer and Assessor’s
Office of Dumaguete City.

Section 31.13. Interior Lots Setback. Structures along the road regardless of use shall follow
the requirements of the existing Zoning Ordinance of the district on the yard setbacks, and structures in
 44

the interior lots may be allowed to follow the requirements based on the actual use of the land.

ARTICLE V
12
INNOVATIVE TECHNIQUES AND PROJECTS OF VITAL AND
NATIONAL OR REGIONAL ECONOMIC AND ENVIRONMENTAL SIGNIFICANCE

Section 32. Innovative Techniques and Designs. When it is impracticable to apply the
requirements of this Ordinance to certain development, the Zoning Administrator/Officer may on
grounds of innovative development techniques, grant a special development permit for the purpose,
provided the following conditions are complied with:

32.1. That 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 as certified by the City Planning and Development Office;

32.2. Both preliminary and final development plans must be submitted to the locality for
review by the City Development Council;

32.3. 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 tract of land involved to
surrounding properties;

32.4. That the area subject of application is a consolidated parcel of land of at least two
hectares;

32.5. The final plan must, in addition to the above cited requirements describe the noise,
smoke, odor, vibration, dust, dirt, noxious gases, glare and heat, fire hazards, industrial
wastes and traffic which may be produced by the development, or an Environmental
Impact Statement will be required and upon proper evaluation, the local City Planning
and Development Office may require an Environmental Compliance Certificate (ECC)
or the clearance from the Department of Environment and Natural Resources (DENR)
as they see fit.

Section 33. Projects of Vital and National or Regional Economic or Environmental

Significance. For projects considered to be of vital and national or regional economic or
environmental significance, all applications must be submitted to the City Development Council for
processing and recommendation to the Sangguniang Panlungsod for approval. The following projects,
but not limited to this listing, are considered as such:

Dumping Site/Incinerator Plant. Location and other considerations shall be governed by the
Rules and Regulations promulgated by the Housing and Land Use Regulatory Board (HLURB) and
the Department of Environment and Natural Resources (DENR).

Manufacture of Explosives, Location and Other Considerations. Shall be subject to Rules

and Regulations promulgated by the Housing and Land Use Regulatory Board (HLURB).

Mining and Quarrying. Location and other consideration shall be governed by the Mining
Laws of the Philippines and other conditions as imposed by the Bureau of Mines and Geo-Sciences.

Nuclear, Radioactive, Chemical and Biological Research Centers. Location and other
considerations shall be subject to rules and regulations promulgated by the Housing and Land Use

12
Taken from the HLURB model.
 45

Regulatory Board (HLURB/PAEC).

Piggery/Poultry (Commercial Scale). Location and other considerations shall be subject to

rules and regulations on piggery and poultry promulgated by the Housing and Land Use Regulatory
Board (HLURB) and the Department of Environment and Natural Resources (DENR).

Ports and Harbors. Location of Ports and Harbors shall be subject to conditions prescribed by
the Philippine Ports Authority (PPA).

Power Generating Plant/Station. Location and other considerations shall be subject to the
conditions prescribed by the National Power Corporation.

Private Landing Strip, Airports, Heliports and Helipads. Locations and other
considerations shall be subject to rules and regulations prescribed by the Bureau of Air Transportation.

Public Market. Locations and other considerations shall be governed by the rules and
regulations on Public Market promulgated by the Housing and Land Use Regulatory Board (HLRB)
and the Department of Environment and Natural Resources (DENR).

Reclamation Site. Location and other considerations shall be governed by the rules and
regulations promulgated by the Housing and Land Use Regulatory Board (HLURB), the Public Estate
Authority and the Department of Environment and Natural Resources (DENR).

Rice and Corn Mill (Multi-Pass). Location and other considerations shall be subject to rules
and regulations on Rice and Corn Mills as promulgated by the Housing and Land Use Regulatory
Board (HLURB).

Sawmill. Location and other considerations shall be subject to rules and regulations on sawmill
promulgated by the Housing and Land Use Regulatory Board (HLURB).

Slaughterhouse. Location and other considerations shall be governed by the rules and
regulations promulgated by the National Meat Inspection Commission (NMIC) and the Department of
Environment and Natural Resources (DENR).

Tourist Sites. Location and other considerations shall be subject to the rules and regulations of
the Philippine Tourism Authority.

Cemeteries. They shall be located outside of, within reasonable distance from residential
zones. A minimum distance of 50 meters between the nearest burial lot and any dwelling unit shall be
observed.

The basic reason for the segregation and identification of these uses is that they are not
automatically allowable in any identified zone. Each application must be evaluated on the basis of their
potential environmental impact and hazardous effects. In this regard an Environmental Impact
Statement will be required from the applicant and the Environmental Compliance Certificate (ECC) or
the Department of Environment and Natural Resources (DENR) clearance will be secured, if
applicable.
 46

ARTICLE VI
13
ENVIRONMENTAL MANAGEMENT

Section 34. Performance Standards. All land uses, developments or construction shall
conform to the following standards:

Noise and vibrations. All noise and vibrations producing machinery shall be enclosed by a
building and shall be provided with effective noise absorbing materials, noise silencers and mufflers, an
open yard of a distance of not less than twenty (20) meters to and from the street or adjoining property
lines and property planted to dense trees as buffers. To minimize vibrations, a machinery should be
mounted on shock absorbing mountings, such as cork set on reinforced concrete foundations or a
floating isolated foundation set on piles, as needed by the machinery concerned to reduce all noise and
vibration to a reasonable minimum. Noise which is objectionable due to intermittence, beat frequency
or high pitch prone 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 (30) minutes particularly when starting a new fire, shall have a density not greater than no. 2 of
the Ringlemann Chart.

Dust, Dirt, and Fly Ash. The emission of dust, dirt or fly ash from any source of 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 0.30 grams per cubic meter of flu gas at stack temperature of zero degrees
centigrade not to create a haze with opaqueness equivalent to or greater than no. 1 of the Ringlemann
Chart.

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

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

Section 35. Environmental Compliance Certificate (ECC). All environmentally critical

projects (ECP) and projects which will be located within an environmentally critical area (ECA) fall
within the Environmental Impact Assessment (EIA) system. All proponents of such projects are
required to obtain an Environmental Compliance Certificates (ECC) from the government (DENR)
prior to the issuance of other local permits and clearances.

Section 36. Buffer Strips/Easements. In the utilization, exploitation, developments,

conservation, and protection of water resources the following setbacks and/or easements along the
entire length of the banks of rivers and streams, shores of the seas and lakes shall be observed:

3.1. Three (3) meter setback for all urban uses.

3.2. Twenty (20) meter easement for all agricultural uses.

3.3. Forty (40) meter easement for all forest uses.

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

13
Taken from the HLURB model.
 47

Section 37. Cultivation/Utilization of River Beds and Sand Bars. No riverbed or sand bars
shall be subject of cultivation or utilization except upon prior recommendation by the City Planning and
Development Office and upon the approval by the City Mayor. No permission shall be granted if it
obstructs the flow of water, or if it shall increase the flood levels so as to cause damage to other areas.

Section 38. Environmental Impact Assessment (EIA). Projects/construction/development

activities identified as critical by DENR, shall be required by the Zoning Administrator/Officer to
submit an Environmental Impact Assessment (EIA) for review by the City Planning and Development
Office. The following requirements shall be submitted by the applicant in accordance with DENR
Department Administrative Order (DAO) No. 96-37:

1. Detailed description of the proposed development or action/construction.

2. Detailed description of the physical, biological, social environment within which the
development/construction will occur, and the probable direct, and induced impact of the proposed
action.

3. Detailed description of existing plans which will be affected by the proposed development
projects.

4. Detailed description of other actions planned, or in the course of realization, which will
interact with the proposed action, so as to increase or reduce the environmental impact.

5. Comparison of impact of alternative actions.

6. Special emphasis on adverse effects, long term effects, resource commitment, cost benefit
analysis.

The City Planning and Development Office upon proper evaluation may require the proponent
to secure an Environmental Compliance Certificate (ECC) from the appropriate agency.

ARTICLE VII
14
MITIGATING DEVICES

Section 39. Existing Non-Conforming Uses and Buildings. The lawful use of any building,
structure or land at the time of the adoption or amendment of this Ordinance may be continued,
although such use does not conform with the provision of this Ordinance, provided:

39.1. That no such non-conforming uses shall be enlarged or increased or extended to occupy a
greater area of land than that already occupied by such use at the time of the adoption of this
Ordinance or moved in whole or in part, to any other portion of the lot or parcel of land where such
non-conforming uses exists at the time of the adoption of this Ordinance.

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

39.3. That any non-conforming structure, or one or more of a group of non-conforming

structures related to one use and under one ownership, which has been damaged by fire, flood,
explosion, earthquake, war, riot or other such force majeure may be reconstructed and used as before
provided that such reconstruction is not more than fifty percent (50%) of the assessed value of the
structure or structures.

14
Taken from the HLURB model.
 48

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

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

39.6. That such non-conforming use may be enlarged or increased if moved to a place of
conforming use.

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

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

39.9. Should such non-conformity portion of a structure be destroyed by any means to an

extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this Ordinance.

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

Section 40. Certificate of Non-Conformance. A Certificate of Non-Conformance of all non-

conforming uses shall be applied for any owner or agent of the property involved within three (3)
months from the approval of this Ordinance.

Failure to make such application within three (3) months shall be presumptive evidence that the
property had a non-conforming use at the time of the enactment or amendment of the Ordinance, and
shall be considered in violation thereof.

Section 41. Deviations. Exceptions and variances or deviations from the provisions of this
Ordinance may be allowed by the Zoning Administrator/Officer only when the following terms and
conditions are obtained:

41.1. Variances.

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

41.1.2 Conforming to the provisions of the Ordinance will cause undue

hardship on the part of the owner or occupant of the property.

41.1.3 The hardship is not self-created.

41.1.4 The proposed variance is the minimum deviation necessary to permit a

reasonable use of the property.

41.1.5 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.

41.1.6 The variance will not weaken the general purpose of the Ordinance and
will not adversely affect the public health, safety and welfare.

41.1.7 The variance will be in harmony with the spirit of this Ordinance.
 49

41.2. Exceptions

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

41.2.2 The exception will adversely affect the appropriate use of either
property in the same district.

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

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

Section 42. Temporary Use Permit. Temporary Use Permit shall be granted provided that:

42.1. The Temporary Use Permit shall be valid for one (1) year, but renewable every
year to a maximum of five (5) years, subject to terms and conditions stipulated in
the permit.

42.2. Upon expiration of the Temporary Use Permit, the project shall cease to operate.
Any expense for the transfer/relocation of such project to another site shall be
borne by the owner/operator.

42.3. Development for the intended use of the zone within 50-meter radius from the
project property line, is not evident at the time of the application of the
proponent or not programmed for the next five years.

42.4. In the issuance of the Temporary Use Permit, environmental management

measures are considered.

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

43.1. A written application for an exception or variance is filed with the section of this
Ordinance under which the same is sought and stating the grounds therefor.

43.2. The Zoning Administrator/Officer shall make preliminary studies on the

application and forward his recommendations on the said application to the
Sangguniang Panlungsod, which will fix the time and place for the hearing, if
found necessary.

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

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

43.5. At the hearing, all interested parties shall be afforded the opportunity to be heard
and based on the evidence and testimonies presented, the Sangguniang
Panlungsod shall decide on whether or not to grant exceptions or variances,
through a City Resolution granting the same.
 50

43.6. The Sangguniang Panlungsod shall render a decision within sixty (60) days from
the filing of the application, exclusive of the time spent for public hearing.

ARTICLE VIII
15
ZONING ENFORCEMENT AND ADMINISTRATION

Section 44. Responsibility for Administration and Enforcement. This Ordinance shall be
enforced and administered by the Zoning Administrator/Officer, who shall be appointed by the City
Mayor.

Section 45. Qualifications of Zoning Administrator/Officer. The Zoning Administrator shall

have the following qualifications:

a) He/She must be a resident of the community for at least ten (10) years;

b) He/She must be of good moral character;

c) He/She must be a degree holder preferably a licensed Civil Engineer, a licensed

Architect, or a Law graduate.

Section 46. Powers and Duties. The Zoning Administrator/Officer shall administer and
enforce the provisions of this Ordinance. Specifically, he/she shall have the following powers and
duties:

a) To issue Certificates of Zoning Compliance herein provided;

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

c) To call upon the City Fiscal to institute any necessary legal proceedings to enforce the
provisions of this Ordinance;
….
d) To call upon the law enforcement officers within Dumaguete City to assist in the
enforcement of this Ordinance;

e) To report semi-annually to the Sangguniang Panlungsod through the City Planning and
Development Office all the exceptions and variances granted so that the Zoning Map
can be correspondingly updated and to report on the progress and problems
encountered in the administration and enforcement of this Ordinance, making the
necessary recommendations therefor;

f) To grant or deny, applications for the granting of exceptions in accordance with the
following criteria:

1) That the exception is essential to maintain the functional design and

architectural integrity of the development;

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

15
Taken from the 1977 Interim Zoning Ordinance.
 51

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

4) That the exception will not weaken the general purposes of the regulations
herein established for the specific district;

5) That the exception will be in harmony with the spirit and purposes of this
Ordinance;

6) That the exception will not adversely affect the public health, safety and
welfare;

g) To grant or deny, applications for the granting of a variance in accordance with the
following criteria:

1) That the property be unique and different from other property nearby;

2) That because of such uniqueness the owners cannot obtain a reasonable return
on the property;

3) That the hardship is not self-created;

4) That the proposed variance is the minimum variance necessary to permit a

reasonable return on the property;

5) That the variance will not result in a change of use for the district regulations in
which the lot has been designated;

6) That the variance will not substantially or permanently injure the appropriate
use of adjacent property in the same district;

7) That the variance will not alter the essential character of the district where the
property, for which variance is sought, is located;

8) That the variance will not weaken the general purposes of the Ordinance of the
regulations herein established for the specific district;

9) That the variance will be in harmony with the spirit of this Ordinance;

10) That the variance will not adversely affect the public health, safety and welfare;

11) That the minimum frontyard setback must conform with the Zoning district
requirement, and conform with the prevailing established permanent building
line within the area, in all Zoning districts;

h) Take any other lawful action authorized by this Ordinance to ensure compliance with
or prevent violation of these provisions.

Section 47. Certificate of Zoning Compliance. No building permit shall be issued unless a
Preliminary Certificate of Zoning Compliance has been obtained from the Zoning
Administrator/Officer. Such certificate shall show, among other things, that the proposed building or
part thereof, and the proposed use of the same, are in conformity with the provisions of this Ordinance;
and provided further, that no Certificate of Occupancy shall be issued unless the applicant obtains the
Final Certificate of Zoning Compliance from the Zoning Administrator/Officer upon completion of the
structure. The Zoning Administrator/Officer should issue the Final Certificate of Zoning Compliance,
subject to the review of the Building Official before a Certificate of Occupancy is issued. The Zoning
Administrator/Officer shall maintain a record of all Certificates of Zoning Compliance and a copy shall
 52

be furnished upon the request of any interested person.

Section 48. Board of Zoning Appeals. An administrative board known as the Board of
Zoning Appeals is hereby created, which shall consist of five (5) members to be appointed by the City
Mayor with the concurrence of the Sangguniang Panlungsod, one of which shall be the City Engineer,
who shall serve as the Chairman.

The Board of Zoning Appeals shall be composed of the following:

Chairman – City Engineer

Members – 1) City Administrator

2) City Coor dinator (City Planning and Development Officer)
3) City Legal Officer
4) City Councilor (Chairman, Committee on Engineering)
5) City Councilor (Chairman, Committee on Rules)

Members of the Board of Zoning Appeals, except the City Engineer (who serves at the request
of the City Mayor), may be removed from office for just cause after written charges have been filed and
public hearings held for the purpose. Vacancies shall be filled only for the unexpired terms of the
members affected. The majority vote of three (3) members shall be necessary to reverse any order,
decision, or determination of the Zoning Administrator/Officer.

Section 49. Procedure in the Board of Zoning Appeals. The Board of Zoning Appeals shall
adopt rules necessary for the conduct of its affairs. Meetings shall be held at the call of the Chairman
and at such other times as the Board of Zoning Appeals may determine. The Chairman, or in his
absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All
meetings shall be open to the public, and duly publicized.

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

Section 50. Appeals. Any person aggrieved by the decision of the Zoning
Administrator/Officer regarding the interpretation, administration, or enforcement of this Ordinance
may appeal to the Board of Zoning Appeals. Such appeal shall be taken within sixty (60) days from the
receipt of the notice of the adoption or action taken by the Zoning Administrator/Officer, specifying
therein the grounds relied upon. The Zoning Administrator/Officer shall forthwith transmit to the
Board of Zoning Appeals all papers constituting the record upon which the action appealed from was
taken. The Board of Zoning Appeals shall fix the time and place for the hearing of the appeal within
sixty (60) days of such transmittal, give due notice to the parties, and decide the same within sixty (60)
days.

Section 51. Powers. The Board of Zoning Appeals shall have the powers to hear and decide
appealed cases:

a) Where it is alleged that there is a substantial error in any decision, order or

determination made by the Zoning Administrator/Officer in the enforcement of this
Ordinance. Substantial error shall be construed to mean a clear, obvious, and arbitrary
determination which results in a deviation from the provisions of this Ordinance; and

b) Regarding the granting of variances and exceptions as provided for in this Ordinance.

Section 52. Procedure. The procedure for the granting of an exception and variance is as
follows:
a) A written application for an exception or variance is filed with the Zoning
 53

Administrator/Officer indicating thereon the section of the Ordinance under which the
same is sought and stating the grounds therefore.

b) The Zoning Administrator/Officer shall fix the time and place for the hearings within
sixty (60) days upon the receipt of an application from an aggrieved party.

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

Section 53. Limitations on the Power and Authority of the Board of Zoning Appeals. The
Board of Zoning Appeals is a quasi-judicial body. As such, it shall have no power and authority to
amend, repeal or legislate a Zoning Ordinance. The territorial jurisdiction of the Board shall be limited
to Dumaguete City.

Section 54. Final Review Powers of the Executive Committee of the City Development
Council. Any person aggrieved by the decision of the Board of Zoning Appeals may appeal to the
Executive Committee of the City Development Council by filing with said body a written petition for
the review citing therein the grounds for appeal. The decision of the Executive Committee of the City
Development Council shall be final.

Section 55. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance shall, upon violation, be punished by a fine of not less than Three Thousand (P3,000.00)
Pesos, but not more than Five Thousand Pesos (P5,000.00) or by imprisonment of not less than one
(1) month but not exceeding six (6) months, or both. In case of violation by a corporation, partnership,
or association, the officers thereof shall be held liable for such violation.

Section 56. Amendments. Any person may propose amendments, alterations, supplements, or
resolutions for repeal of any provisions of this Ordinance.

All proposed amendments shall be referred to the Executive Committee of the City
Development Council (CDC) for report and recommendations. A two-thirds (2/3's) vote by the
Executive Committee shall constitute a favorable recommendation.

If the recommendation is favorable, the proposed amendment shall become effective upon
resolution by a majority vote of all the members of the Sangguniang Panlungsod. However, if the
recommendation is unfavorable, it shall become effective only upon a resolution by a three-fourths
(3/4's) vote of the same.

Section 57. Separability Clause. If any provision or part of this Ordinance or application
thereof to any person or circumstance is held invalid, the remainder of this Ordinance, or the
application of such provision or part to other persons or circumstances shall not be affected thereby.

Section 58. Repealing Clause. All provisions of existing rules, ordinances, and regulations
inconsistent herewith are hereby repealed, amended, or modified accordingly.

Section 59. Effectivity Clause. This Ordinance shall take effect thirty (30) days from the date
of adoption.

UNANIMOUSLY ADOPTED.

oooooooooooooo
 54

I hereby certify to the correctness of the above-quoted Ordinance.

JESUS L. KADUSALE, JR.

OIC – City Secretary

ATTEST:

WOODROW S. MAQUILING
City Vice Mayor
Presiding Officer

ESPIRIDION V. CATAN NOEL C. DE JESUS

City Councilor City Councilor

ROMMEL L. ERAMES GEORGE E. SY

City Councilor City Councilor

URBANO E. DIGA, JR. NILO D. SAYSON

City Councilor City Councilor

SAMUEL D. DICEN JESSIE M. ESTRABELA

City Councilor City Councilor

MANUEL C. PATRIMONIO FRANCIS C. ALLOSO

City Councilor City Councilor

EDUARDO J. PERDICES BENNETTE JAN T. JAVIER

LIGA President SK Chairman
City Councilor City Councilor

APPROVED:

FELIPE ANTONIO B. REMOLLO

City Mayor