Sta Rosa Laguna Ordinance
Sta Rosa Laguna Ordinance
Sta Rosa Laguna Ordinance
WHEREAS, Section 20-c of the Local Government Code provides that local government
units shall continue to prepare their respective Land Use Plans enacted through Zoning
Ordinances which shall be the primary and dominant bases for the future use of land
resources;
WHEREAS, the local government of Santa Rosa, in pursuit of its development goals and
objectives, formulated its Comprehensive Land Use and Development Plan which would
require the enactment of regulatory measures to translate its planning goals and objectives
into reality;
WHEREAS, this Zoning Ordinance is one such regulatory measure which is an important
tool for the implementation of the Comprehensive Land Use and Development Plan;
ARTICLE I
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance. This Zoning Ordinance shall be known as the
Santa Rosa Land Development Guidance System and shall hereinafter be referred to
as the LDGS.
ARTICLE II
AUTHORITY AND PURPOSE
Section 2. Authority. The LDGS is enacted pursuant to the provisions of the Local
Government Code of 1991, R.A. 7160 Section 458 (2 ix) authorising the Municipality
through the Sangguniang Bayan to adopt a Zoning Ordinance in consonance with the
approved Comprehensive Land Use and Development Plan and in conformity with
Executive Order No. 72.
1. Promote and protect the health, safety, peace, comfort, convenience and general
welfare of the inhabitants of the Municipality;
2. Guide the growth and development of Santa Rosa in accordance with its
Comprehensive Land Use and Development Plan;
5. Guide the local government and the private sector in their development decisions.
Section 4. General Principles. The LDGS is based on the approved Santa Rosa
Comprehensive Land Use and Development Plan as per Resolution No. ___ dated ____.
2. The LDGS recognises that any land use is a use by right but provides however that the
exercise of such right shall be subject to the review standards of the LDGS;
3. The LDGS gives the free market the maximum opportunity to spur the Municipality’s
development within a framework of environmental integrity and social responsibility;
5. The LDGS has been crafted in a manner that it is fully responsive to the ever-changing
conditions that the Municipality continually face;
6. The LDGS functions as a tool for informed decision making on the part of the land use
administrators by way of providing specific criteria to judge the acceptability of
developments;
7. The LDGS provides a direct venue for community empowerment where the
stakeholders become involved especially in critical development decisions;
8. The regulations in the LDGS are considered as land use management tools that area
necessary to provide a clear guidance to land development in order to ensure the
community’s common good.
ARTICLE III
DEFINITION OF TERMS
The definition of the technical terms used in the LDGS shall carry the same meaning given
to them in already approved codes and regulations, such as but not limited to the National
Building Code, Water Code, Philippine Environmental Code and the Implementing Rules
and Regulations promulgated by the HLRB. The words, terms and phrases enumerated
hereunder shall be understood to have the corresponding meaning indicated as follows:
1. Agricultural Zone (AGZ) – an area intended for cultivation/fishing and pastoral activities
e.g. fish, farming, cultivation of crops, goat/cattle raising, etc.
2. Agro-Industrial Zone – an area intended primarily for integrated farm operations and
related product processing activities such as plantation for bananas, pineapple, sugar,
etc.
3. Allowable Impervious Surface Area Ratio (AISAR) - the ratio between the coverage of
ground level impervious surfaces to the total lot area. This is expressed as a
percentage over and above the resultant Percentage of Land Occupancy (PLO) for
each development. The computation of impervious surface area coverage shall include
spaces outside the building envelope, such as driveways, walks, parking areas, etc.
4. Buffer Area - these are yards, parks or open spaces intended to separate incompatible
elements or uses and to control pollution/nuisance.
5. Building Height Limit (BHL) - the maximum height allowed for structures or buildings
expressed as number of floors or storeys.
6. Central Business District - shall refer to areas designated principally for trade, services
and business purposes (Commercial 1 Zone)
10. Comprehensive Land Use and Development Plan (CLUDP) - a document embodying
specific proposals for guiding, regulating growth and/or development. The main
components of the CLUDP in this usage are the sectoral studies i.e. Environment,
Social, Economic, Land Use, Transport, Infrastructure and Local Administration.
11. Conflicting Uses - uses or activities with contrasting characteristics sited adjacent to
each other e.g. residential units adjacent to industrial plants.
12. Conforming Use - a use that is in accordance with the zone regulations as provided for
in the LDGS.
13. Easement - open space imposed on any land use/activities sited along waterways,
road-right-of-ways, cemeteries/memorial parks, utilities and the like.
14. Environmentally Critical Areas - refers to those areas which are environmentally
sensitive and are listed in Proclamation 2146 dated 14 December, 1981, as
follows:
15. Environmentally Critical Projects - refer to those projects which have high potential
for negative environmental impacts and are listed in Presidential Proclamation
2146 dated 14 December 1981, as follows:
a. Heavy industries
• non-ferrous metal industries;
• iron and steel mills;
• petroleum and petro-chemical industries including oil and gas; and
• smelting plants.
b. Resource extractive industries
• major mining and quarrying projects; and
• forestry projects such as logging, major wood processing, introduction
of fauna (exotic animals) in public/private forests, forest occupancy,
extraction of mangroves and grazing.
c. Fishery projects
• dikes for/and fishpond development projects
d. Infrastructure projects
• major dams;
• major power plants (fossil-fuelled, nuclear-fuelled, hydroelectric or
geothermal); and
• major roads and bridges.
16. Exception- a device which grants a property owner relief from certain provisions of the
LDGS where because of the specific use would result in a particular hardship upon the
owner, as distinguished from a mere inconvenience or a desire to make more money.
17. Floor/Area Ratio (FAR) - is the ratio between the Gross Floor Area of a building and
the area of the lot on which it stands. Determined by dividing the Gross Floor Area of
the building and the area of the lot. The Gross Floor Area of any building should not
exceed the prescribed floor area ratio (FAR) multiplied by the lot area.
18. Forest Zone (FZ) – an area intended primarily for forest purposes.
19. General Commercial Zone (GCZ) – an area for trading, services and business
purposes.
20. General Institutional Zone (GIZ) – an area principally for general types of institutional
establishments e.g. government offices, schools, hospitals/clinics, academic/research,
convention centres.
21. General Residential Zone (GRZ) – an area principally for dwelling/housing purposes.
22. Gross Floor Area (GFA) - the GFA of a building is the total floor space within
the perimeter of the permanent external building walls (inclusive of main and
auxiliary buildings), occupied by:
a. Office areas;
b. Residential areas;
c. Corridors;
d. Lobbies;
e. Mezzanine;
f. Vertical penetrations which shall mean stairs, fire escapes, elevator shafts,
pipe shafts, vertical shafts, vertical ducts, and the like and their enclosing
walls;
g. Machine room and closets;
h. Storage rooms and closets;
i. Covered balconies and terraces; and
j. Interior walls and columns, and other interior features.
23. HLRB/BOARD - shall mean the Housing and Land Use Regulatory Board
24. Impervious Surface - type of man-made surface which does not permit the penetration
of water.
25. Land Use Intensity Controls (LUIC) - refer to controls on open spaces (PLO), building
bulk (FAR), building height (BHL) and impervious surfaces (AISAR). The LUIC is
imposed to control, among others, traffic generation, requirements on utilities, over-
building, over-crowding, visual access and to attain the desired zone character. The
LUIC is applied as follows:
a. Maximum Allowable Building Area Per Floor in Square Meters = Lot Area x
Allowable PLO
b. Maximum Allowable Gross Floor Area in Square Meters = Lot Area x Allowable
FAR
c. In determining the maximum number of floors per building, BHL regulations shall
apply.
For planned unit development schemes, residential subdivisions and the like, the LUIC
shall apply to individual lot parcels. Gross open spaces (defined as common areas,
roads, etc.) shall be governed by the requirements of PD 957, BP 220 and related
regulations. For large scale projects on single blocks, i.e. those that have no
lot/parcellary subdivisions, the LUIC shall mean to apply to the gross lot area of the
block and the gross floor area of the buildings to be put up therein.
26. Light Industrial Zone (I-1) – an area principally for the following type of industries:
a. non-pollutive/non-hazardous
b. non-pollutive/hazardous
27. Locational Clearance - a clearance issued to a project that is allowed under the
provisions of the LDGS as well as other standards, rules and regulations on land use.
This clearance is required prior to the issuance of a building permit.
28. Medium Industrial Zone (I-2) – an area principally for the following types of industries:
a. pollutive/non-hazardous
b. pollutive/hazardous
29. Mitigating Device - a means to grant relief in complying with certain provisions of the
LDGS.
31. Official Zoning Map - a duly authenticated map delineating the different zones in which
the whole Municipality is divided.
32. Parks and Recreation Zone (PRZ) - an area wherein uses are designed for
diversion/amusements and for the maintenance of the ecological balance of the
community.
34. Rezoning – a process of introducing amendments to or change in the text and maps of
the Zoning Ordinance. It also includes amendment or change in view of
reclassification under Section 20 of RA 7160.
35. Setback - the open space left between the building and lot lines.
36. Socialised Housing Zone (SHZ) – shall be used principally for socialised
housing/dwelling purposes for the underprivileged and homeless as defined in RA
7279.
37. Variance - a Special Locational Clearance granting a property owner relief from certain
provisions of the LDGS where, because of the particular physical surrounding, shape
or topographical conditions of the property, compliance on height, area, setback, bulk
and/or density would result in a particular hardship upon the owner, as distinguished
from a mere inconvenience or a desire to make more money.
39. Water Zone (WZ) – bodies of water that include rivers, streams, lakes and seas except
those included in other zone classifications.
40. Zone - an area within the Municipality, as defined by manmade or natural boundaries,
where specific land use regulations are applied.
ARTICLE IV
ZONE CLASSIFICATIONS
Section 5. Division into Zones. The Municipality of Santa Rosa is hereby divided
into five general zones, namely, Low Intensity Development, Urban Redevelopment,
Growth Management – 1, Growth Management – 2 and Shoreland. Said divisions are for
the purposes of the following:
The provisions contained herein anticipate the likelihood and desirability of mixing land
uses. Unlike conventional zones, which segregated various land uses, the LDGS allows
mixed uses and places the emphasis on minimising or buffering any nuisance factors
between such uses. Further provisions impose criteria to resolve any possible problems
and eliminate what might be negative impacts when unlike uses are located in proximity.
Zones are distinguished according to allowable land use intensities, which are discussed in
detail in succeeding articles.
Section 6. Description of Zones. The intent and purpose of each zone is described
below.
The Low Intensity Development Zone (LIDZ) is the Low Intensity Development Area
described in the CLUDP. The Zone is one of the direct urban expansion areas of
the Poblacion but is, however, determined to have low development capability.
Limitations are due mainly to it being flood prone with unstable soils in some parts. It
is delineated in order to control development in these environmentally sensitive
lands.
The LIDZ further hosts the remaining classified agricultural areas of Santa Rosa.
The LDGS does not provide for the re-classification of these agricultural areas. Re-
classification shall have to undergo the standard statutory proceedings as required
by the Sangguniang Bayan.
The LDGS provides that the LIDZ shall be a predominantly low-intensity development
area having substantial vegetated and landscaped open spaces. All developments
shall carefully consider drainage as well as minimise impervious surface conditions.
Barangays included in the LIDZ (in whole or in part) are as follows: Sinalhan, Aplaya
and Caingin.
The Urban Redevelopment Zone (URZ) is the Urban Redevelopment Area described
in the CLUDP. It hosts the traditional business and residential districts of Santa Rosa.
These districts have since expanded and evolved into a mixed-use area predominated
by low to medium intensity activities. The zone, however, has moderate development
capability in as much as it is located on environmentally sensitive land and has little
room for substantial infrastructure improvement.
It is the intent of the LDGS to encourage urban renewal to enhance the present mixed-
use character of the area as well as prevent the over-burdening of infrastructure. The
LDGS further promotes the low to medium-intensity mixed use development in this
area, which can improve the identity and character of the zone in particular and the
Municipality in general. A compact urban development pattern is desired,
interspersed with strategic public open spaces.
The central Poblacion area, composed of Bgys. Kanluran and Malusak, is hereby
classified as a Historical Redevelopment District (HRD). This encompasses Rizal
Blvd., from the foot of Sta. Rosa Bridge to the corner of G. B. Zavalla St.; F. Gomez
St. from the corner of Anonuevo St. to the corner of P. Gomez St.
Barangays included in the URZ (in whole or in part) are as follows: Tagapo, Market
Area, Poblacion, Labas, Pooc, Balibago, Dila and Dita.
Barangays included in GMZ - 2 (in whole or in part) are as follows: Pulong Sta. Cruz,
Malitlit, Don Jose and Sto. Domingo.
5. Shoreland Zone
The Shoreland Zone (SZ) is described as the Shoreland Area in the CLUDP. LLDA
Resolution No. 23 Series of 1996 or the Implementing Rules and Regulations of
Republic Act No. 4850 define it, as follows:
a. Existing titled lands with elevation 12.50 meters and below including those titled
under the Torrens System prior to the enactment of Presidential Decree No. 813
in 1975; and
b. All other areas below elevation 12.50 meters as referred to a datum 10.00 meters
below mean lower low water (MLLW).
Per the said LLDA Resolution, the Shoreland Area “is a strip of linear open space
designed to separate incompatible elements or uses, or to control pollution/nuisances
and for identifying and defining development areas or zones.” The administrative and
regulatory control on the land use of the Shoreland Area is vested upon the Laguna
Lake Development Authority. This area is the declared Strategic and Agricultural
Development Zone (SAFDZ) of Sta. Rosa.
Barangays included in SZ (in whole or in part) are as follows: Sinalhan, Aplaya and
Caingin.
It is the intent of the LDGS to ensure the provision of adequate accessibility to all parts
of the Municipality as provided in the CLUDP. With this regard, Road Rights-of-Way
Zones (RROW) are delineated. All properties that are affected by the identified new
road alignments shall be required to provide unimpeded road rights-of-way.
Section 7. Zoning Map. It is hereby adopted as an integral part of the LDGS, the
Official Zoning Map of the Municipality, duly signed by the Mayor and authenticated by the
Sangguniang Panlalawigan. The designation, location and boundaries of the zones herein
established are shown and indicated in the said Official Zoning Map. Appendix A and B
show the General Zoning Map and the Historical Redevelopment District, respectively.
Section 8. Zone Boundaries. The locations and boundaries of the above mentioned
zones into which the municipality has been subdivided are hereby identified and specified
as follows:
The LIDZ is bounded on the west by the barangay boundaries of Tagapo, Market Area,
Ibaba, Labas, Pooc, Dila and Dita.
The URZ is bounded on the west by the Manila South Road and on the east by the
barangay boundaries of Sinalhan, Aplaya, Caingin and Pooc.
GMZ-1 is bounded on the west by the South Luzon Expressway and on the east by the
Manila South Road, as presented in the Zoning Map.
The Municipalities of Silang, Binan and Cabuyao bound GMZ-2 to the west, north and
south, respectively. The South Luzon Expressway also bound it at the east.
5. Shoreland Zone
The boundaries of the Shoreland Zone shall be as provided by LLDA Resolution No.
23 Series of 1996 or the Implementing Rules and Regulations of Republic Act No.
4850.
The alignment of the RROW Zones shall be as measured from the RROW Zone Map
(Appendix C). The measured distance shall be construed as the centre line of the
said RROW. The respective RROW widths shall then be reckoned at an equal
distance from these centre lines. These RROW widths are presented as follows:
1. Where zone boundaries are so indicated that they approximately follow the centre
of streets or highway, the street or highway right-of-way lines shall be construed to
be the boundaries.
2. Where zone boundaries are so indicated that they approximately follow barangay
boundary lines, the delineation shall be based on those indicated on the cadastral
maps.
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3. Where zone boundaries are so indicated that they are approximately parallel to the
centre lines or right-of-way lines of streets and highways, such zone boundaries
shall be construed as being parallel thereto and at such distance therefrom as
indicated in the Official Zoning Map. If no distance is given, such dimension shall
be determined by the use of the scale shown in said zoning map.
4. Where the boundary of a zone follows a stream, lake or other bodies of water, said
boundary line should be deemed to be at the limit of the political jurisdiction of the
community unless otherwise indicated. Boundaries indicated as following
shorelines shall be construed to follow such shorelines and in the event of change
in the shorelines, shall be construed as moving with the actual shorelines.
Boundaries following bodies of water shall be subject to public easement
requirements as provided in the Water Code, in the provisions of this ordinance
and with other applicable regulations.
5. Where a zone boundary line divides a lot of single ownership, as of record at the
effective date of the LDGS, the lot shall be construed to be within the zone where
the major portion of the lot is located. In case the boundary line bisects the lot, it
shall fall in the zone where the principal structure falls.
6. Where zone boundaries are said to be as indicated in the Official Zoning Map, the
location of the parcel in consideration shall be referred to from the cadastral map
and overlain to the former.
7. The mapped location of the property in consideration shall prevail over that of the
textual description.
ARTICLE V
GENERAL REGULATIONS
Section 10. General Provision. The Municipality recognizes that any land use is a
use by right but provides that the exercise of such right shall be subject to the review
standards of the LDGS.
The definition as well as the list of allowable uses within each classification as provided by
the HLRB to the above is adopted in this Ordinance and are exhibited in Appendix D.
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Section 15. Easement. Pursuant to the provisions of the Water Code, the following
easements shall be observed:
1. The banks of rivers and streams and the shores of the seas and lakes throughout
their entire length and within a zone of three meters in urban areas, 20 meters in
agricultural areas and 40 meters in forest areas, along their margins, are subject
to easement of public use in the interest of recreation, navigation, floatage,
fishing and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for
space or recreation, navigation, floatage, fishing or salvage or to build structures
of any kind.
Section 16. Specific Provisions in the National Building Code. Specific provisions
stipulated in the National Building Code (P.D. 1096), as amended, relevant to traffic
generators, advertising and business signs, erection of more than one principal structure,
dwelling on rear lots, access yard requirements and dwelling groups, which are not in
conflict with the provisions of the Zoning Ordinance, shall be observed.
Section 17. Network of Green and Open Spaces. All residential and commercial
subdivisions are required to provide green strips and forest parks as provided in
Sangguniang Bayan Resolution 768-99. The LDGS provides that industrial subdivisions
shall also be required to comply with the provisions of the said Resolution. For this
purpose, the suitable tree species are exhibited in Appendix E – HLRB Administrative
Order No. 02 Series of 1997.
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Section 19. Environmental Compliance Certificate. Projects within the scope of the
Environmental Impact Assessment System or those that are classified as
Environmentally Critical Projects or those which are located in Environmentally Critical
Areas shall not be commenced, developed or operated unless the requirements of the
Environmental Compliance Certificate have been complied with.
Section 20. Subdivision Projects. All owners and developers of subdivision projects
shall, in addition to securing a Locational Clearance as provided by this Ordinance be
required to secure a development permit pursuant to the provisions of PD 957 and its
Implementing Rules and Regulations or BP 220 and its Implementing Rules and
Regulations in the case of Socialised Housing Projects in accordance with the
procedures laid down in EO 71, Series of 1993.
Section 21. Infrastructure Capacities. All developments shall not cause excessive
requirements at public cost for public facilities and services and will not be detrimental to
the economic welfare of the community. All developments shall exhibit that their
requirements for public infrastructure (such as roads, water supply and the like) are
within the capacities of the system/s serving them.
Section 22. Traffic Impact Assessment. Major, high intensity facilities such as
commercial-residential buildings having four floors and above, shopping centres,
schools, universities, industrial estates and/or other similar developments that are
required to provide 20 or more vehicular parking slots by the National Building Code,
shall be required to submit Traffic Impact Assessments which shall form part of the
requirements for Locational Clearance. Other traffic generating developments, as
determined by the Zoning Administrator, shall be required to submit the same.
ARTICLE VI
INNOVATIVE TECHNIQUES
Section 24. Innovative Techniques or Designs. For projects that introduce flexibility
and creativity in design or plan such as but not limited to Planned Unit Development,
Housing projects covered by New Town Development under RA 7279, BLISS
Commercial Complexes, etc., the Zoning Administrator shall on grounds of innovative
development techniques forward applications to HLRB for appropriate action.
ARTICLE VII
PERFORMANCE STANDARDS
Section 25. Buffer Yards. Building setbacks shall be considered as buffer yards.
Aside from providing light and ventilation, buffers can mitigate adverse impacts and
nuisances between two adjacent developments. Whenever necessary, buffers shall be
required to be extended and/or provided with planting materials in order to ameliorate said
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negative conditions such as, but not limited to, noise, odour, unsightly buildings or danger
from fires and explosions. A buffer may also contain a barrier, such as a berm or a fence,
where such additional screening is necessary to achieve the desired level of buffering
between various activities.
2. Buffers on Simultaneous Developments. The more intense use shall provide the
necessary buffer in cases when two developments occur simultaneously.
3. Location of Buffers. The building setbacks shall serve as buffer locations, at the
outer perimeter of a lot or parcel. In no case shall buffers occupy public or private
street rights-of-way.
5. Land Uses in Buffer Areas. Buffers are part of yards and open spaces and in no
case shall buildings encroach upon it. It may, however, be used for passive
recreation such as gardening, pedestrian trails, etc.
1. Views shall be preserved for public enjoyment especially in sites with high scenic
quality by closely considering building orientation, height, bulk, fencing and
landscaping.
2. The utilisation of the water resources of the Municipality for domestic and
industrial use shall be allowed provided it is in consonance with the development
regulations of the DENR, provisions of the Water Code, the Revised Forestry
Code of the Philippines, as amended, and whenever necessary, be subjected to
an Environmental Impact Assessment Study;
3. Heavy water using industrial (e.g. soft drink bottling), recreational (golf courses,
water theme parks and the like) and other facilities shall be discouraged to locate
within the Municipality;
4. Land use activities shall not cause the alteration of natural drainage patterns or
change the velocities, volumes, and physical, chemical, and biological
characteristics of stormwater. Streams, watercourses, wetlands, lakes or ponds
shall not be altered, regraded, developed, piped, diverted or built upon;
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5. All developments shall limit the rate of stormwater runoff so that the rate of runoff
generated is no more than that of the site in its natural condition; and
6. All developments shall undertake the protection of rivers, streams, lakes and
ponds from sedimentation and erosion damage.
8. Municipal and industrial wastewater effluents shall not discharge into surface and
groundwater unless it is scientifically proven that such discharges will not cause
the deterioration of the water quality. Effluents shall be maintained according to
DENR DAO No. 35 – 91 – Establishing Effluent Quality Standards for Class “C”
Inland Waters;
9. Floodplains shall not be altered, filled and/or built upon without proper drainage
design and without proper consideration of possible inundation effects on nearby
properties;
10. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke or
any other air polluting material that may have deleterious effects on health or
cause the impairment of visibility are not permitted. Air quality at the point of
emission shall be maintained at specified levels according to DENR DAO No. 14 -
Revised Air Quality Standards of 1992.
11. Mature trees or those equal to or greater than 12 inches calliper measured 14
inches above the ground shall not be cleared or cut; and
12. Easements shall at all times be observed along the banks of rivers, streams and
major National Irrigation canals (greater than 2 meters) and the shores of the lake
throughout their entire length pursuant to the provisions of the Water Code of the
Philippines; likewise irrigation canals of the National Irrigation Authority shall be
provided with similar easements.
The following shall guide the development of historic sites and facilities:
Section 28. Site Performance Standards. The Municipality considers it in the public
interest that all projects are designed and developed in a safe, efficient and aesthetically
pleasing manner. Site development shall consider the environmental character and
limitations of the site and its adjacent properties. All project elements shall be in complete
harmony according to good design principles and the subsequent development must be
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1. Sites, buildings and facilities shall be designed and developed with regards to
safety, efficiency and high standards of design. The natural environmental
character of the site and its adjacent properties shall be considered in the site
development of each building and facility.
2. The height and bulk of buildings and structures shall be so designed that it does
not impair the entry of light and ventilation, cause the loss of privacy and/or create
nuisances, hazards or inconveniences to adjacent developments.
3. Abutments to adjacent properties shall not be allowed without the neighbour’s prior
written consent which shall be required by the Zoning Administrator prior to the
granting of a Locational Clearance; and
4. The capacity of parking areas/lots shall be per the minimum requirements of the
National Building Code. These shall be located, developed and landscaped in
order to enhance the aesthetic quality of the facility. In no case shall parking
areas/lots encroach into street rights-of-way.
5. Developments that have lot areas of two hectares or more and which attract a
significant volume of public modes of transportation, such as tricycles, PUJs,
buses, etc., shall provide on-site parking for the same. These should also
provide vehicular loading and unloading bays so as through street traffic flow will
not be impeded.
7. Glare and heat from any operation or activity shall not be radiated, seen or felt
from any point beyond the limits of the property.
ARTICLE VIII
SPECIFIC ZONE GUIDELINES
1. Allowed Uses
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1. Allowed Uses
All uses allowed within the URZ are allowed in the Historical Redevelopment District
(HRD). Moreover, the applicable LUIC is as follows:
The design and construction of all buildings, structures and other facilities therein
shall observe a Hispanic Architectural motif, circa 1800s and must remain compatible
with the architecture of the municipal hall. The town plaza shall also be rehabilitated
along the same architectural character. Further, all commercial signages, billboards,
advertising signs and the like shall not exceed six meters in height nor shall be of
such dimensions as to dominate the visual landscape and obstruct views. Their
designs and materials shall also conform to the historic character of the District.
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1. Allowed Uses
3. Intensity Bonus
The LDGS encourages developments with substantial ground and air open spaces.
Developments that reduce their PLO coverage shall be entitled to the following
additional allowances in the maximum FAR and the AISAR.
1. Allowed Uses
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3. Intensity Bonus
The administrative and regulatory control on the land use of the Shoreland Zone is
vested upon the Laguna Lake Development Authority. This area is also the declared
Strategic and Agricultural Development Zone (SAFDZ) of Sta. Rosa.
Per LLDA Resolution No. 23 Series of 1996 or the Implementing Rules and
Regulations of Republic Act No. 4850, the allowable uses are as follows:
Section 34. Deviation. The Local Zoning Board of Adjustment and Appeals (LZBAA)
may allow exceptions, variances or deviations from the provisions of this Ordinance only
when the following terms and conditions are existing:
1. Variance
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a. The property is unique and different from other properties in the adjacent locality
and because of its uniqueness, the owner/s cannot obtain a reasonable return on
the property.
• Conforming to the provisions of the LDGS will cause undue hardship on the
part of the owner or occupant of the property due to physical conditions of the
property (topography, shape, etc.) which is not self-created.
• The variance will not alter the physical character of the district or zone where
the property for which the variance is sought is located, and will not
substantially or permanently injure the use of the other properties in the same
zone.
• That the variance will not weaken the general purpose of the LDGS and will
not adversely affect the public health, safety or welfare.
2. Exceptions
a. The exception will not adversely affect the public health, safety and welfare and is
in keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/ provide livelihood,
vital community services and facilities while at the same time posing no adverse
effect on the zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property
in the same zone.
d. The exception will not alter the essential character and general purpose of the
zone where the exception sought is located.
Section 35. Procedures for Granting Exceptions and Variances. The procedure
for the granting of exception and/or variance is as follows:
1. A written application for an exception or variance shall be filed with the Local
Zoning Board of Adjustment and Appeals (LZBAA) citing the section of the LDGS
under which the same is sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature
of the proposed project) shall be posted at the project site.
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7. The LZBAA shall render a decision within 30 days from the filing of the
application, exclusive of the time spent for the preparation of written affidavit of
non-objection and the public hearing in case of any objection to the granting of
exception/variance.
ARTICLE X
ADMINISTRATION AND ENFORCEMENT
Section 37. Building Permit. The Local Building Official shall not issue a Building
Permit without a valid Locational Clearance issued in accordance with the LDGS.
Section 38. Business Permit. The concerned local unit or department shall not issue
a Business Permit unless a valid Locational Clearance and Occupancy Permit have
been issued.
Non-use of said clearance within said period shall result in its automatic expiration,
cancellation and the grantee shall not proceed with his/her project without applying for a
new Locational Clearance.
Section 40. Issuance of Zoning Classification. An applicant may request from the
Office of the Zoning Administrator the status of their land/property in relation to the
LDGS. Such document shall not be used as a Locational Clearance but as reference
only for planning and may be amended by the Local Zoning Review Committee without
any prior notice from the owner or applicant as the need arises based on the
reasons/situations stated herein.
Upon approval of this Ordinance, the Zoning Administrator shall immediately notify
owners of known existing non-conforming use to apply for a certificate of non-
conformance.
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Section 42. Existing Non-Conforming Uses and Buildings. The lawful uses of any
building, structure or land at the time of adoption or amendment of the LDGS may be
continued, although such uses do not conform with the provision of the LDGS, provided:
2. That no such non-conforming use which has ceased operation for more than one
year be again revived as non-conforming use;
4. That any non-conforming structure, or structures under one ownership which has
been damaged maybe reconstructed and used as before provided that such
reconstruction is not more than fifty percent (50%) of the replacement cost;
6. That no such non-conforming use maybe moved to displace any conforming use;
8. That should such structure be moved for any reason to whatever distance, it shall
thereafter conform to the regulation of the district in which it is moved or
relocated.
Section 43. Responsibility for Administration and Enforcement. The LDGS shall
be enforced and administered by the Local Chief Executive through the Zoning
Administrator who shall be appointed by the former in accordance with existing rules and
regulations on the subject.
1. Enforcement
• Recommend to the Local Zoning Board of Adjustment and Appeals (LZBAA) the
grant or denial of applications for variances and exemptions and the issuance of
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c. Call and co-ordinate with the Philippine National Police for enforcement of all
orders and processes issued in the implementation of this Ordinance.
d. Co-ordinate with the Municipality Fiscal/Municipality Legal Officer for other legal
actions/remedies relative to the foregoing.
2. Planning
a. Variances
b. Exceptions
c. Non-Conforming Uses
d. Complaints and oppositions to application/s
Section 47. Composition of the Local Zoning Board of Adjustment and Appeals
(LZBAA). The Municipality Development Council shall create a sub-committee that shall
act as the LZBAA, composed of the following members:
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For purposes of policy co-ordination, the LZBAA shall be attached to the Municipal
Development Council.
Section 48. Review of the Zoning Ordinance. The Municipal Development Council
shall create a sub-committee, the Local Zoning Review Committee (LZRC) that shall
review the LDGS considering the CLUDP, and as the need arises, based on the
following reasons/situations:
Section 49. Composition of the Local Zoning Review Committee (LZRC). The
Local Zoning Review Committee shall be composed of sectoral experts.
These are the Local Officials/Civic Leaders responsible for the operation, development
and progress of all sectoral undertakings in the locality, e.g.:
For purposes of policy and program co-ordination, the LZRC shall be attached to the
Municipal Development Council.
Section 50. Functions of the Local Zoning Review Committee. The Local Zoning
Review Committee shall have the following powers and functions:
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c. Identify provisions of the LDGS that are difficult to enforce or are unworkable.
3. Provide information to the HLRB that would be useful in the exercise of its
functions.
Section 51. Amendments to the LDGS. Changes in the LDGS, as a result of the
review by the Local Zoning Review Committee shall be treated as an amendment,
provided that any amendment to the LDGS or provisions thereof shall be subject to
public hearing and review and evaluation of the Local Zoning Review Committee and
shall be carried out through a resolution of three fourths vote of the Sangguniang Bayan.
Said amendments shall take effect only after approval and authentication by the
Sangguniang Panlalawigan.
Section 52. Violation and Penalty. Any person who violates any of the provisions of
this Ordinance, shall, upon conviction, be punished by a fine not exceeding P2, 500.00
or an imprisonment for a period not exceeding six months or both at the discretion of the
Court. In case of violation by a corporation, partnership or association the penalty shall
be imposed upon the erring officers thereof.
Section 53. Suppletory Effect of Other Laws and Decrees. The provisions of the
LDGS shall be without prejudice to the application of other laws, presidential decrees,
letter of instructions and other executive or administrative orders vesting national
agencies with jurisdiction over specific land areas, which shall remain in force and effect,
provided that land use decisions of the national agencies concerned shall be consistent
with the CLUDP.
Section 54. Separability Clause. Should any section or provision of the LDGS be
declared by the Court to be unconstitutional or invalid, such decision shall not affect the
validity of the LDGS as a whole or any part thereof other than the part so declared to be
unconstitutional or invalid.
Section 55. Repealing Clause. All ordinances, rules or regulations in conflict with the
provisions of the LDGS are hereby repealed, provided that the rights that are vested
upon the effectivity of the LDGS shall not be impaired.
Section 56. Effectivity Clause. This Ordinance shall become effective 10 days after a
copy thereof is posted at the entrance of the municipal hall and in at least two other
conspicuous places in the municipality.
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APPENDIX A
GENERAL ZONING MAP
APPENDIX B
HISTORICAL REDEVELOPMENT DISTRICT
APPENDIX C
ROAD RIGHTS-OF-WAY ZONE
APPENDIX D
HLRB USE PROVISIONS
APPENDIX E
SUITABLE TREE SPECIES
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