Republika ng Pilipinas

Lungsod ng Dagupan

TANGGAPAN NG SANGGUNIANG PANLUNGSOD

-oOo-

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD, DAGUPAN CITY, HELD AT THE SESSION HALL ON JUNE 21, 2016.

PRESENT:

Hon. Maybelyn Rose Dela-Cruz Fernandez                        Actg. City Vice Mayor & Presiding Officer

Hon. Karlos Liberato E. Reyna IV                             Presiding Officer Protempore, Member

Hon. Jose Netu M. Tamayo                                       Deputy Presiding Officer, Member

Hon. Jeslito C. Seen                                                    City Councilor, Member

Hon. Alvin T. Coquia                                                  City Councilor, Member

Hon. Jesus D. Canto, M.D.                                          City Councilor, Member

Hon. Marvin V. Fabia                                                 City Councilor, Member

Hon. Marcelino DS. Fernandez                                 Liga ng mga Barangay President, Ex-Officio Member

ABSENT:

Hon. Alipio Serafin D. Fernandez                                         Asst. Majority Floor Leader, Member

Hon. Redford Christian P. Erfe-Mejia                                  Minority Floor Leader, Member

Hon. Guillermo P. Vallejos                                                     Asst. Minority Floor Leader, Member

N.B: City Vice Mayor Marc Brian C. Lim is Acting City Mayor in lieu of Her Honor, Mayor Belen T. Fernandez, who is on official trip to New York, U.S.A.

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ORDINANCE NO. 2061-2016

COMPREHENSIVE ZONING ORDINANCE OF DAGUPAN CITY

Explanatory Note

The role of zoning cannot be overemphasized in the protection and management of public resources, private property and the environment.  The City remains cognizant that such zoning is also a regulatory tool in the promotion of social justice and common good.

Due to some major changes in the character of the City’s resources and surroundings brought about by internal and external factors since the last time the Comprehensive Land Use Plan was revisited and a Zoning Ordinance was enacted , it is best that the same be revised in order to bring about affirmative, progressive  and responsive actions to these modifications. The City should take every opportunity to maximize the potentials that these transformations bring.

NOW, THEREFORE, on joint motion of Councilors Karlos Liberato E. Reyna IV and Jose Netu M. Tamayo, duly and jointly seconded by Councilors Alvin T. Coquia, Jesus D. Canto, Marvin V. Fabia, and Marcelino DS. Fernandez, be it ordained by the Sangguniang Panlungsod in its regular session assembled to hereby adopt the following Comprehensive Zoning Ordinance (2015-2025):

ARTICLE I

TITLE OF ORDINANCE

Section 1. Title of the Ordinance. This Ordinance shall be known as the Comprehensive Zoning Ordinance of Dagupan City (2015-2025).

ARTICLE II

AUTHORITY AND PURPOSE

Section 2. Authority.  This Ordinance is enacted pursuant to the provisions of the New Local Government Code, R.A. No. 7160, Sections 20 (c) and 458 (a)(2) (vi-ix), dated 10 October 1991, authorizing the City, through the Sangguniang Panlungsod to adopt a Zoning Ordinance, subject to the provisions of existing laws.

Section 3. Purposes.  This Ordinance is enacted for the following purposes:

1. Guide, control and regulate the future growth and development of Dagupan City in accordance with its Comprehensive Land Use Plan (CLUP);
2. Promote the orderly and beneficial development of urban (residential, commercial, industrial, open space, institutional), and non-urban uses (fishery, tourism and agriculture) of lands within the City;
3. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants of the City;
4. Ensure and protect the sustainable growth and development of Dagupan as a business and financial center in Region I in a manner that benefits the broadest segment of the population and in congruence with environmental concerns;
5. Enhance the Eco-tourism development of the City;
6. Regulate the location, use and density of buildings and land in such a manner as to avoid unnecessary congestion and to enhance convenience as well as safety from disasters and other dangers; and
7. Mainstream disaster risk reduction, climate change adaptation and integrated coastal management in development processes such as policy formulation, land use planning, infrastructure and housing, among others.

Section 4. General Zoning Principle.  This Comprehensive Zoning Ordinance  is based on the approved Comprehensive Land Use Plan of Dagupan City as per Sangguniang Panlungsod Ordinance No. 2060-2016 dated June 7,2016.

Section 5. Period of Effectivity. This Comprehensive Zoning Ordinance (2015-2025) shall take effect upon its approval by the HLURB and shall remain in effect until and unless otherwise repealed or extended.

ARTICLE III

DEFINITION, CONSTRUCTION AND INTERPRETATION OF TERMS

Section 6. Definition of Terms. Technical terms and concepts used in this Ordinance are compiled and defined in Annex A which is made an integral part hereof.

Section 7. Construction and Interpretation of Terms. The words and terms employed in this Ordinance shall be interpreted liberally in the generic sense unless otherwise indicated.

1. Generic terms, such as ‘others’, ‘and the like’, ‘etc.’, shall be construed to mean as including all specific terms similar to or compatible with those enumerated;
2. The singular includes the plural;
3. The present tense includes the future tense;
4. The term ‘shall’ is always mandatory;
5. The word ‘used’ or ‘occupied’ as applied to any land or building shall be construed to include the words ‘intended’, ‘arranged’, and ‘designed’ to be used or occupied.

The Comprehensive Land Use Plan shall be referred to whenever this Ordinance mentions maps, classifications, zoning, clusters, and the like.

ARTICLE IV

AREA AND ZONE CLASSIFICATIONS

Section 8. Division into Areas and Zones. The City is hereby divided into the following areas which in turn shall be divided into zones:

1. PROTECTED AREAS

1) Parks

1. a) Proclamation No. 98-1963 (Reserving for Parks and Playground Purposes Certain Parcels of the Public Domain Situated in the City of Dagupan)
2. b) City Plaza
3. c) Other Parks

2) River easements

3) Salvage Zone

4) Visual Corridors

5) Protected croplands

6) Protected fishponds

7) Marshlands

8) Other environmentally-constrained areas

9) National Road Easements

10) Heritage and historic preservation sites

 

1. PRODUCTION AREAS

1) Commercial

2) Industrial

1. a) Light Industrial Zone (I-1)
2. b) Medium Industrial Zone (I-2)

3) Agricultural Areas-croplands

4) Agricultural Areas-fishponds

5) Tourism

1. SETTLEMENT AREAS

1) Low Density Residential Zone (R-1)

2) Medium Density Residential/ Mixed Use Zone (R-2)

3) Socialized Housing

4) Self-Built Houses/ Indigenous Dwelling Units

1. INFRASTRUCTURE AREAS

1) Economic

2) Social

3) Administrative

4) Utilities ,Transportation and Communications

1. WATER AREAS
2. a) Marine Waters

a.1. Artificial Coral Reef Zone

a.2. Recreational/Swimming Zone

a.3. Local Fishing Zone

a.4. Commercial Fishing Zone

1. b) Inland Waters

b.1. Navigational Lanes

b.2. Fishing Subzones

b.2.1. Subzone 1 (Regulated Subzone)

b.2.2. Subzone 2 (Aquaculture and Fishing Priority Subzone)

b.2.3. Subzone 3 (Aquaculture and Fishing Priority Subzone)

b.2.4. Subzone 4 (Aquaculture and Fishing Priority Subzone)

b.2.5. Subzone 5 (Aquaculture and Fishing Priority Subzone)

b.2.6. Subzone 6 (Aquaculture and Fishing Priority Subzone)

b.b.2.8. Subzone 8   (Non-Fishery Use Subzone)

b.2.9. Subzone 9   (Fishpond Priority Subzone)

b.2.10. Subzone 10  (Fishpond Priority Subzone)

1.   c) Creeks and Rivulets

The definitions and uses of the above areas and zones are found in  Article V-  Zone Use Regulations.

Section 9. Official Zoning Map. The Official Zoning Map for the entire City, wherein the designation, location and boundaries of the zones/areas attached to the  Comprehensive Land Use Plan, is hereby adopted as an integral part of this Ordinance. Such official zoning map shall be signed by the City Mayor and duly approved by the Housing and Land Use Regulatory Board (HLURB).

Refer to Annex B and series for the Zoning Map, Overlay Hazard Maps, Coastal Zoning Map, Schematic Map of Lucao-Pantal Tourism and Growth Center etc.

Section 10. Zone Boundaries.  The location of the zones are found in the Comprehensive Land Use Plan which is made an integral part of this Ordinance.

To facilitate location of these land use categories, a series of 20-second square grids called meridional blocks covering every part of the City have been constructed in such a way that columns and lines are denoted with numbers and rows are denoted with letters.  Thus, every point or area in the City can be located in terms of the intersection of a column (vertical) and a row (horizontal), for example, A3, C5, D4, and so on.

Section 11. Interpretation of Zone Boundaries.  In the interpretation of the boundaries for any of the zones indicated on the zoning map, the following rules shall apply:

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

Accretion and alluvial deposits located along shorelines shall be part of the public land and will be under the protection of the Local Government Unit.

Any changes in the meandering movement of rivers brought about by natural catastrophes and geological phenomena shall be interpreted as part of the land use adjustments.

Where lands are already covered by the river, it shall be under public domain and shall be under the protection of the Local Government Unit.

Where the lot is traversed by river or a body of water, the lot shall be subject to easement and water codes.

1. Where no visible linear features on the ground are available to serve as zone boundaries, the meridional block, twenty seconds by twenty seconds of longitude and latitude may be used to locate the areas concerned.  Meridional blocks are identified by an alpha-numeric code e.g. D14, F12, etc.  To avoid ambiguity about the location of a particular zone/area, the name of the concerned barangay has been added.
2. Where the lot of one owner on record (Register of Deeds or City Assessor’s Office) at the effective date of this Ordinance is divided by a zone boundary line, the lot shall be construed to be within the zone where the major portion of the lot is located.  In case the lot is bisected by the boundary line, it shall fall within the zone where the principal structure falls.
3. Where the zone boundary is indicated as one-lot deep, said depth shall be construed to be the average lot depth of the lots in the zone’s immediate vicinity. Where, however, any lot has a depth greater than said average, the remaining portions of the said lot shall be construed as covered by the one-lot deep zoning district if the remaining portion has an area of less than fifty percent (50%) of the total area of the entire lot. If the remaining portion has an area equivalent to fifty percent (50%) or more of the total area of the lot, then the average lot depth shall apply to the lot which shall become a lot divided and covered by two or more different zoning districts, as the case may be.
4. In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be considered as falling within the less restrictive zone.
5. The textual description of the zone boundaries shall prevail over that of the official zoning map. Refer to Annex C on Textual Descriptions on Zone Boundaries.

ARTICLE V

ZONE USE REGULATIONS

Section 12. General Provisions. The allowable land uses in the zones are as follows:

1. Principal Uses define the dominant use of a zone;
2. Accessory Uses, if indicated, support the Principal Uses allowed in a zone;
3. An Accessory Use shall be allowed only in the presence of a Principal Use in the same zone;
4. In zones where no maximum Floor Area Ratio (FAR) is prescribed, building density is limited by maximum building height and setback restrictions; and
5. Notwithstanding the designation of a zone as residential, commercial, institutional, or recreational, certain lots in such zones may be allowed specific uses as prescribed in this Ordinance.

Section 13. Conforming Use.  A lot shall be deemed to have a conforming use that complies with the regulations of the zone in which it is located if the use of the lot is consistent with the allowable Principal and Accessory Uses for such zone  pursuant to Article V of this Ordinance.

Section 14. Use Regulations in Protected Areas

1. PARKS AND OPEN SPACES
2. Proclamation 98, Series of 1963, “Reserving for Parks and Playground Purposes Certain Parcels of the Public Domain Situated in the City of Dagupan”, otherwise known as the Tondaligan Park.

To preserve the functional character of the Tondaligan Park area as a recreational public open space, the following acts are hereby prohibited:

1. a) Dumping of any form of waste products;
2. b) Mutilating, defacing or destroying objects of natural beauty, or objects of interest that enhance the area’s scenic value;
3. c) Altering and/or removing markers or signages without permit from the  City;
4. d) Damaging roads, trails and footpath;
5. e) Squatting or otherwise illegally occupying any land therein;
6. f) Constructing or maintaining any kind of structure, fence or enclosure, or conducting any business enterprise without a permit from the City;
7. g) Leaving in an exposed or unsanitary condition any refuse or debris, or littering them on the ground or in bodies of water;
8. h) Pruning, earth-balling, cutting down of trees, grass, shrubs and other forms of vegetation without permit from government agencies;
9. i) Construction of any structures or obstructions along the entire shoreline length of the Tondaligan Beach area except for structures to be used for disaster risk reduction and climate change adaptation such as dikes, seawalls, early warning systems and the like; except structures that are introduced by the city government of Dagupan for the livelihood projects of Dagupenos only; and
10. j) Quarrying and mining.

In areas where permanent buildings are already established, any horizontal or vertical expansion whether connected or separate from the existing structures, to be undertaken by their owners, lessors or occupants shall be regulated through the enforcement of performance standards (building height and bulk, density, open space ratio, traffic impact, among others) in accordance with the Building Code and specific ordinances to be enacted by the Sangguniang Panlungsod. Pending such specific ordinance, all such expansions must require clearances from the Local Zoning Board of Appeals (LZBA) with the approval of the DENR and other concerned agencies when they so require.

Similarly, all the construction of monuments and landmarks in this protected area shall be by virtue of a special permit from the Sangguniang Panglungsod upon recommendation of the City Mayor, City Planning and Development Office, City Zoning Officer, City Environmental and Natural Resources Officer, City Tourism Office, City Engineering Office and the Dagupan Historical Culture and Arts Office ( DHCAO).

2 . City Plaza. The following are the use regulations in City Plaza;

1. No permanent structure shall be established therein and no alteration of designs of the City Plaza without a Sangguniang Panlungsod ordinance;
2. No trees shall be cut down without permit from CENRO and the Sangguniang Panlungsod; and
3. The City Plaza cannot be used for commercial purposes except:

c.1. during City Activities authorized by the Sangguniang Panlungsod; or

c.2. when granted special permits by the OSBC which shall not be longer than five (5) days.

3. Other Parks and Open Spaces

The following uses shall be allowed in this zone:

1. Parks or gardens;
2. Open-air or outdoor sports activities and support facilities, including amphitheaters and swimming pools;
3. Golf courses, ball courts,  bicycle lanes and similar uses;
4. Memorials/shrines and monuments, kiosks and other park structures;
5. Sports clubs and open-air clubhouses/ gazebos; and
6. Open vehicular parking areas and facilities.

1. RIVER EASEMENTS

This Ordinance hereby adopts the provision of Article 51 of the Water Code of the Philippines (PD 1067), to wit:  “the banks of rivers and streams and the shores of the seas and lakes throughout their entire length and within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas, and forty (40) meters in forest areas, along their margins, are subject to the 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 that what is necessary for recreation, navigation, floatage, fishing or salvage.”

Building structures of any kind in this zone are absolutely prohibited, except for bank or shore protection/stabilization structures, fences to set off the easement from private property lines or footpaths and walkways in case such easements are developed into public parks, promenades, esplanades, and the like.

Allowable activities/uses include linear parks/promenades, jogging paths, bicycle lanes, tree planting, and riverside landscaping.

1. SALVAGE ZONE

Salvage zone refers to the distance measured landward from interior limit of the shoreline for easement purposes. The distance referred to herein is that which is so provided by national law or national agencies’ circulars or memoranda.

Fencing off of salvage zones is strictly prohibited in order to allow the public free and unobstructed access to the surrounding areas of foreshore lands, especially the sea and the beaches. Structures, however, may be built in order to prevent erosion or environmental degradation.

1. VISUAL CORRIDORS

They are land areas along roadways offering an unobstructed view of the surrounding landscape. They are the Tondaligan beach, the Pugaro beach and the Pantal-Lucao Extension Highway.  The Sangguniang Panlungsod shall pass an ordinance regulating height of structures along these areas and other regulations. Pending such specific ordinance, all such expansions must require clearances from the Local Zoning Board of Appeals (LZBA) with the approval of the DENR, HLURB, DPWH and other concerned agencies, if they so require.

1. PROTECTED CROPLANDS

The identified protected croplands (rice lands and crop lands) in the Comprehensive Land Use Plan shall be non-negotiable for conversion to urban uses except for low impact improvements that will not substantially alter the nature of the land. Croplands along Bonuan Binloc are subject to protection but the establishment of solid waste conversion facility and the construction of slaughterhouse maybe allowed therein as exceptions.

A single residential house and related farm buildings may be allowed in individual land parcels located within the protected croplands provided that the total area utilized for such residential purposes shall not exceed 30 percent of its land area per lot.

1. PROTECTED FISHPONDS

Protected fishponds are those identified in the Comprehensive Land Use Plan and shall be non-negotiable for conversion to urban uses.

For tourism programs and projects, protected fishponds may be used as venues for cultural and festival occasions such as the Bangus Festival and the like for as long as the same do not permanently alter the character of the fishponds.

1. MARSHLANDS

Marshlands are identified in the Comprehensive Land Use Plan and are declared protected, such that:

1. Fishpen operations shall not be allowed at all times;
2. Fishing and hunting and similar activities must be regulated through enactment of a specific ordinance by the Sangguniang Panlungsod;
3. Use of the area for recreational purposes shall be limited to angling, bird watching, strolling, and related activities and only at daytime; and
4. Pruning of mangrove and nipa products must be limited and must be for domestic household use only.

Harvesting and clear cutting of mangroves and nipa products are prohibited under P.D. 705 or the Forestry Code of the Philippines.

1. OTHER ENVIRONMENTALLY-CONSTRAINED AREAS

The following are considered as other environmentally constrained areas:

1. Areas exposed to storm surges indicated in the hazard map must be kept in their open natural state, and if built upon, must be restricted to structures that comply with interventional designs stated in the Comprehensive Land Use Plan.  Structures already in built-up areas within the storm surge zone must employ retrofitting measures such as emergency evacuation platforms, stormwater runoff drainage to mitigate hazard exposure, where necessary;
2. Liquefaction-prone areas indicated in the hazard map must be restricted to structures that comply with interventional designs stated in the Comprehensive Land Use Plan such as the conduct of soil tests and other geo-technical studies;

The City Engineer or the building official shall ensure that structures in liquefaction prone areas be seismic-resistant and liquefaction-resistant and that construction of new buildings must meet the required seismic resistivity standards prescribed under PD 1096 or the National Building Code and other relevant laws.

3. Flood-prone areas indicated in the hazard map must be restricted to structures that comply with interventional designs stated in the Comprehensive Land Use Plan. These areas may be used for human settlements, provided the dwellers therein shall adopt construction measures to minimize hazard exposures such as flood-adaptive building designs, multi-storey constructions, raised ground floor elevations, pile foundation or “pilotis” construction, and the like;
4. Subsequent development in tsunami-prone areas identified in the hazard map must be restricted to structures that comply with interventional designs stated in the Comprehensive Land Use Plan. They shall be monitored and regulated. The sites for the infrastructure development for such hazard should be designated by the Sangguniang Panlungsod upon the recommendation of the City Development Coordinator, City Engineer, Zoning Officer and the City Disaster Risk Reduction Management Officer; and
5. Areas with very high risk to multiple hazards such as storm surge, flood, tsunami, and liquefaction shall be identified and designated as No-Build Zones. These refer to areas along the foreshore lands along the coastline of Dagupan City. Any kind of structure in these zones is strictly prohibited except that which protect properties, environment and lives of people such as fences, walls and the like.
6. NATIONAL ROAD EASEMENTS

The width of Right of Way of national roads shall be twenty meters (20m). A fifteen meter (15m) width may be allowed provided the requirements of P.D. 1096 or the National Building Code have been complied with.

1. HERITAGE AND HISTORIC PRESERVATION

Heritage and historic preservation sites/structures shall be protected from any form of desecration and vandalism through proper markers and public informational materials.  Preservation/rehabilitation of the same shall be undertaken through the formulation of guidelines which shall focus on architectural adaptive reuse concepts and design controls. Structures with historical significance dating at least fifty (50) years old shall be protected, preserved, and promoted as prescribed in the National Heritage Act of 2009 (RA 10066).

The following are heritage sites: Metropolitan Cathedral of Saint John the Evangelist, Home Economics Building at West Central Elementary School, Lighthouse at Bonuan Gueset, Mac Arthur Landing Mark, Sanctuario de San Juan, Remnants of Franklin Bridge and the Remnants of Manila Railroad.

Other heritage and historic preservation sites/structures shall be identified by the Dagupan Historical Culture and Arts Office (DHCAO) and approved by the Sangguniang Panlungsod.

Section 15. Use Regulations in Production Areas

1. COMMERCIAL ZONE

This zone identified in the Comprehensive Land Use Plan (CLUP) shall be used primarily for mixed-use and commercial developments.

Within the zone, the following principal uses shall be allowed:

1. All uses permitted in the R-1 and R-2 residential zone
2. Office buildings and office condominiums
3. General retail stores and shops like:
4. Department stores, bookstores and office supply shops;
5. Home appliance stores;
6. General merchandise stores;
7. Car sales and display showrooms/auto supply;
8. Photo/portrait studios;
9. Cellphone, mobile devices, accessories shops/PC desktop stores;
10. Drugstores; and
11. Product centers.
12. Food markets and shops like:
13. Bakery and bakeshops;
14. Liquor stores;
15. Grocery and supermarkets;
16. Convenience stores; and
17. Water refilling stations.
18. Personal service shops like:
19. Beauty salons and barbershops;
20. Spas and therapeutic massage clinics; and
21. Dressmaking and tailoring shops.
22. Recreational centers/establishments such as:
23. Movie houses/theaters;
24. Playcourt, e.g. tennis court, swimming pools, bowling lanes, billiard halls, badminton halls, basketball courts;
25. Day and night clubs and bars;
26. Stadiums, coliseums, gymnasiums;
27. Exercise gyms/studios; and
28. Other sports and recreational establishments including videokes.
29. Restaurants and other eateries
30. Full-service restaurants;
31. Canteens/cafeterias;
32. Fastfood chains and franchises;
33. Coffee shops/tea shops;
34. Open-air rotisseries; and
35. Alfresco dining establishments.
36.   Short term special educational institutions such as:
37. Dancing schools and driving schools;
38. Schools for self-defense;
39. Speech clinics; and
40. Computer training schools.
41. Storerooms, but only as may be necessary for the efficient conduct of   business, monitoring rooms-CCTV

10. Medium-rise commercial condominium (with residential units in the upper floors)
11. Commercial housing like:
12.  Hotels and motels;
13. Apartments and apartelle;
14. Boarding houses, dormitories, pension houses, bachelor’s pad/studio; and
15. Club houses.
16. Library/museum, convention center and related facilities
17. Medical and dental clinics
18. Vocational/ technical training schools
19. Janitorial services, messenger services, security agencies
20. Bank and other financial institutions like:
21. Banks;
22. Money lending/Credit firms;
23. Foreign currency exchange shops;
24. Money transfer/remittance;
25. Pawnshops;
26. Insurance companies;
27. ATM machine security booth/counters; and
28. Credit financing firms.
29. Radio and television studios
30. Building garage, parking lot, transportation terminals/garage, with or without repair facilities
31. Commercial and job printing, printing/publishing
32. Encoding and printing services/internet shops
33. Manufacture of insignia, badges and similar emblems except metal
34. Repair shops like:
35. Repair of optical instruments and equipment and cameras, clocks and watches;
36. Home appliance repair shops/service centers;
37. Motor vehicles and accessory repair shops, surplus parts shops;
38. Car wash;
39. Home furnishing shops; and
40. Motorcycle parts and accessories/repair of motorcycles.
41. Machinery display shop/centers
42. Lumber/hardware stores
43. Printing and publishing of books and pamphlets, printing cards and stationeries
44. Manufacture of commercial signage and advertising displays (except printed)
45. Welding shops, machine shop service operations (repairing/rebuilding, or custom job orders)
46. Lechon or chicken roasting stalls/liempo /B-B-Q
47. Repacking of food products, e.g. fruits, vegetables, sugar and other related products
48. Plant nurseries/gardening supplies/landscaping services/flower shops
49. Commercial warehouses
50. Courier and parcel delivery services
51. Emission testing centers
52. Other commercial activities not elsewhere classified
53. Wholesale stores
54. Wet and dry markets
55. Shopping centers, malls and supermarkets
56. Recreational Center/Establishments like:
57. Movie house/theater;
58. Stadium, coliseum;
59. Tennis courts and sports complex;
60. Billiard halls, pool rooms and bowling alleys;
61. Sports clubhouses; and
62. Other sports and recreational establishments.
63. Bars, sing-along lounges, bistros, pubs, beer gardens, disco, dance halls
64. Exhibit halls
65. Convention centers and related facilities
66. Business Process Outsourcing Services
67. Radio and Television stations
68. Display for cars, tractors, etc.
69. Motorpool
70. Hauling services and garage terminals for trucks, tow trucks and buses
71. Auto sales and rentals, automotive handicraft, accessory and spare parts shops, marine craft, and aircraft sales yards
72. Boat Storage
73. Machinery display shop/center
74. Machine shop service operation (repairing/rebuilding or custom job orders)
75. Medium scale junk shop
76. Glassware and metalware stores, household equipment and appliances (with restriction to location)
77. Signboard and streamer painting and silk screening
78. Printing/typesetting, copiers and duplicating services
79. Recording and film laboratories
80. Gravel and sand stores
81. Lumber/hardware (with restriction to location)
82. Paint stores without bulk handling
83. Gardens and landscaping supply/contractors
84. Manufacture of ice, ice blocks, cubes, tubes, crushed, except dry ice
85. Lechon stores
86. Chicharon factory
87. Biscuit factory-manufacture of biscuits, cookies, crackers and other similar dried bakery products
88. Doughnut and hopia factory
89. Other bakery products not elsewhere classified (n.e.c.)
90. Shops for repacking of food products e.g. fruits, vegetables, sugar and other related products
91. Manufacture of wood furniture including upholstered
92. Manufacture of rattan or wood furniture including upholstered
93. Manufacture of box beds and mattresses
94. Funeral parlors (all categories)
95. Commercial condominium (with residential units in upper floors)
96. Regional Shopping centers such as:
97. Large Malls;
98. Other Commercial and business activities which are regional in scope; and
99. High-rise hotels, sports stadium or sports complexes area.

Notwithstanding the permitted activities enumerated in the commercial   zone, all existing light industries within the commercial area may be allowed to temporary stay, the period of which shall be determined by the Local Zoning Board of Appeals (LZBA) provided, however, that no expansion in these industries of whatever nature and scope will be permitted within the commercial area.

The permitted activities are likewise subject to the provisions of Section 36 (Special Uses), Article VIII, of this Ordinance.

1. INDUSTRIAL ZONE

An industrial park in Barangay Salisay shall be established and is intended to accommodate light (I-1) industries and medium (I-2) industries and allow agro-industrial activities in both zones (I-1 and 1-2).

The industrial parks shall not include the irrigated areas.

1. Light Industrial Zone (I-1). Industries allowed in this zone are enumerated herein below:
2. Non-pollutive/Non-hazardous
3. Factories engaged in the manufacture of biscuits, cookies, crackers and other similar dried bakery products, doughnut and hopia factory, other bakery products
4. Manufacture of macaroni, spaghetti, vermicelli and other noodles

iii. Safety belts factory

1. Manufacture of luggage, handbags, wallets and small leather goods; manufacture of miscellaneous products of leather and leather substitutes, manufacture of shoes except rubber, plastic and wood slippers and sandals.
2. Printing, publishing and allied industries
3. Manufacture/assembly of typewriters, cash registers, weighing, duplicating and accounting machines; electronic data processing machinery and accessories

vii. Renovation and repair of office machinery; manufacture or assembly of miscellaneous office machines

viii. Manufacture of rowboats, bancas, sailboats, animal drawn vehicles, children’s vehicles and baby carriages

1. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc.; manufacture of measuring and controlling equipment, plumb bob, rain gauge, taxi meter, thermometer, etc.
2. Manufacture or assembly of surgical, medical, dental equipment and medical furniture, medical/surgical supplies, adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc.; orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limb, kneecap supporters, etc.)
3. Quick freezing and cold packaging for fish and other seafoods, for fruits and vegetables

xii. Fish drying

xiii. Popcorn/poprice factory

xiv. Manufacture of photographic equipment and accessories; manufacture or assembly of optical instruments; manufacture of eyeglasses and spectacles, and optical lenses

1. Manufacture of watches and clocks

xvi. Manufacture of pianos, string instruments, wind and percussion instruments, manufacture or assembly of electronic organs

xvii. Manufacture of sporting gloves and mitts, sporting balls (not of rubber or plastic), gym and playground equipment

xviii. Manufacture of sporting tables (billiards, ping pong, pool, other sporting and athletic goods)

xix. Manufacture of toys and dolls except rubber and mold plastic

1. Manufacture of pens, pencils and other office and art materials

xxi. Manufacture of umbrellas and canes

xxii. Manufacture of buttons except plastic, manufacture of needles, pins, fasteners, and zippers

xxiii. Manufacture of brooms, brushes, and fans

xxiv. Small-scale manufacture of ice cream

xxv. Manufacture of crates, boxes and other types of containers except of plastic and metal

1. Non-Pollutive/Hazardous
2. Manufacture of house furnishing
3. Textile bag factories, canvas bags and other canvas product factory, jute bag factory

iii. Manufacture of miscellaneous textile goods, embroideries and wearing apparel

1. Manufacture of fiber matting, padding and upholstery filling except coir
2. Men’s and boy’s garment factory; and girl’s and ladies’ garment factory
3. Manufacture of hats, gloves, handkerchiefs, neckwear and related clothing accessories; of raincoats and waterproof outer garments except jackets; of miscellaneous wearing apparel except footwear

vii. Manufacture of miscellaneous fabricated mill work

viii. Manufacture of bamboo, rattan and other cane baskets and wares

1. Manufacture of cork products, of wooden shoes, shoe lace and other similar products; of miscellaneous wood products
2. Manufacture of miscellaneous furniture and fixture except primarily of metals
3. Manufacture of paper stationery, envelopes and related articles

xii. Manufacture of dry ice and repacking of industrial products e.g. paints, varnishes and other related products

2. Medium Industrial Zone (I-2).  Industries allowed in the zone are enumerated below.
3. Pollutive/Non-hazardous industries
4. Manufacture and canning of ham, bacon and native sausage
5. Poultry processing and packaging

iii. Large-scale manufacture of ice cream and frozen dairy products

1. Corn mill/rice mill
2. Chocolate and cocoa factory, candy factory; chewing gum factory; peanuts and other nuts factory
3. Other chocolate and confectionery products, flavoring extracts

vii. Manufacture of food products n.e.c. (vinegar, monosodium glutamate) and fish meal

viii. Oyster shell grading

1. Manufacture of medicinal and pharmaceutical  preparations and of abrasive products
2. Manufacture of stationary, art goods, cuts stone and marble products
3. Manufacture of miscellaneous non-metallic mineral products n.e.c; of cutlery, except table flatware, hand tools; of general hardware

xii. Manufacture of miscellaneous cutlery hand tools and general hardware n.e.c.

xiii. Manufacture of household metal furniture; of office, store and restaurant metal furniture; of metal blinds, screens and shades; of miscellaneous furniture and fixture primarily of metal

n.e.c.; of fabricated structural iron and steel products

xiv. Manufacture of architectural and ornamental metal works

1. Manufacture of boilers, tanks and other structural sheet metal works, other structural products n.e.c.

xvi. Manufacture of metal cans, boxes and containers

xvii. Manufacture of stamped, coated and engraved metal products

xviii. Manufacture of fabricated wire and cable products

xix. Manufacture of heating, cooking and lighting equipment except electrical

1. Sheet metal works generally for manual operation

xxi. Manufacture of other fabricated metal products except machinery and equipment n.e.c.

xxii. Manufacture or assembly of agricultural machinery and equipment; of native plow and harrow factory

xxiii. Repair of agricultural machinery

xxiv. Manufacture or assembly of service industry machines; of elevators and escalators

xxv. Manufacture or assembly of sewing machines, cooking ranges

xxvi. Manufacture or assembly of water pumps

xxvii. Refrigeration industry

xxviii. Manufacture or assembly of other machinery and equipment except electrical n.e.c.

xxix. Manufacture and repair of electrical apparatus, electrical cables and wires; of other electrical industrial machinery and apparatus n.e.c.

xxx. Manufacture or assembly of electric equipment, radio  and television, tape recorders, stereo; of radio and television transmitting, signaling and detection equipment

xxxi. Manufacture or assembly of telephone and telegraphic equipment; of other electronic equipment and apparatus n.e.c.

xxxii. Manufacture of industrial and commercial electrical appliances; of household cooking, heating and laundry appliances; of other electrical appliances n.e.c.

xxxiii. Manufacture of electric lamp fixtures

HVAC – heating, ventilating and ACU services

1. Pollutive/Hazardous Industries
2. Flour mill, cassava flour mill
3. Manufacture of coffee

iii.  Manufacture of unprepared animal feeds, other grain milling n.e.c.

1. Production of prepared feeds for animals
2. Cigar and cigarette factory; curing and redrying tobacco leaves
3. Miscellaneous processing tobacco leaves n.e.c. weaving hemp textile: jute spinning and weaving

vii. Miscellaneous spinning and weaving mills n.e.c., hosiery mill

viii. Underwear and outwear knitting mills, fabric knitting mills, miscellaneous knitting mills n.e.c.

1. Manufacture of mats and mattings; of carpets and rugs; of cordage, rope and twine; and of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
2. Manufacture of linoleum and other surface coverings
3. Manufacture of artificial leather, oil cloth and other fabrics except rubberized, miscellaneous textile n.e.c.

xii. Manufacture of coir

xiii. Manufacture of rough lumber, unworked, worked lumber

xiv. Sawmills

1. Manufacture of veneer, plywood and hardwood and treating and preserving of wood

xvi. Manufacture of doors, windows and sashes

xvii. Manufacture of charcoal

xviii. Manufacture of wood and cane blinds, screens and shades

xix. Manufacture of containers and boxes of paper and paper boards, miscellaneous pulp and paper products n.e.c.

1. Manufacture of perfumes, cosmetics and other toilet preparations

xxi. Manufacture of waxes and polishing

xxii. Manufacture of inks and of miscellaneous chemical products n.e.c.

xxiii. Tire retreading and rebuilding

xxiv. Manufacture of rubber shoes and slippers; of plastic footwear, plastic furniture; of other fabricated plastic products, n.e.c.

xxv. Manufacture of industrial  and moulded rubber products

xxvi. Manufacture of table and kitchen articles, pottery, china and earthenware n.e.c.; of flat glass, glass containers, miscellaneous glass and glass products, n.e.c.

xxvii. Manufacture of clay bricks, clay tiles and hollow clay tiles, miscellaneous structural clay products, n.e.c.

xxviii. Manufacture of structural concrete products, asbestos products

xxix. Manufacture of engines and turbines except motor vehicles, marine and aircraft

xxx. Manufacture of metal cutting, shaving and finishing machinery, wood working machinery

xxxi. Manufacture, assembly, rebuilding, and repairing of food and beverage making machinery, textile machinery

xxxii. Manufacture of equipment, paper industry, construction machinery

xxxiii. Manufacture of machinery of printing, trade machinery and equipment, miscellaneous special industrial machinery and equipment, n.e.c.

xxxiv. Manufacture of rice or rice milling

xxxv. Manufacture of machines for leather and leather products

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

xxxvii. Manufacture of dry cells, storage battery and other batteries

xxxviii. Boat building and repairing; ship repairing industry, dock yards, dry dock, shipways; miscellaneous shipbuilding and repairing, n.e.c.

xxxix. Manufacture of locomotives and parts railroad and street cars, assembly of automobiles, cars, buses, trucks; and of trailers

1. Manufacture of wood and rattan furniture including upholstered ones; and of box beds and mattresses
2. Agro-Industrial Activities

The following agro-industrial activities are allowed in both I-1 and I-2 zones:

1. All uses allowed in the Agricultural areas – Croplands zone except home occupation ice/corn mills (single pass)
2. Drying, cleaning, curing and preserving of meat and its by products and derivatives; and drying, smoking and airing of tobacco; curing and re-drying of tobacco leaves
3. Flour mill/cassava flour mill
4. Manufacture of coffee
5. Manufacture of unprepared animal feeds, other grain milling
6. Production of prepared feels for animals
7. Cigar and cigarette factory
8. Miscellaneous processing of tobacco leaves
9. Jute spinning and weaving/weaving hemp textile
10. Manufacture of charcoal
11. Milk processing plants (manufacturing filled, reconstituted or recombined milk, condensed or evaporated)
12. Butter and cheese processing plants
13. Natural fluid milk processing plants (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related             products); and other dairy products
14. Fish canning/patis factory; and bagoong factory/processing, preserving and canning of fish and other seafoods
15. Manufacture of honey
16. Manufacture of dessicated   coconut; and manufacture of starch and its products
17. Manufacture of wines from juices or local fruits
18. Vegetable oil mills, including coconut oil
19. Sugarcane mill (centrifugal and refined) sugar refining/muscovado sugar mill
20. Cotton textile mill
21. Manufacture/processing of other plantation crops, e.g., pineapple, bananas, etc.
22. Other commercial handicrafts and industrial activities using plant or animal parts and/or products as raw materials
23. Other accessory uses similarly related or directly incidental to agro-industrial activities
24. AGRICULTURAL AREAS-CROPLANDS

These refer to agricultural lands not otherwise protected.  In this zone, the following uses shall be permitted:

1. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like; growing of diverse plants and trees, such as fruit and flower bearing trees, coffee and tobacco; the customary support facilities such as palay dryers and rice threshers and storage barns and warehouses; and ancillary dwelling units/farmhouse for tillers and laborers;
2. Mushroom culture, fishing and fish culture, and the like;
3. Agricultural research and experimentation facilities such as breeding stations, fish farms, nurseries, demonstration farms, etc.; and
4. Pastoral activities such as goat raising and cattle fattening.

Raising of livestock and poultry in the City shall not be permitted. The City adopts the guidelines prescribed by the HLURB Board Resolution No. R-674 Series of 2000 prohibiting any proposed backyard, medium and large scale poultry/piggery projects in urban areas.

1. AGRICULTURAL AREAS-FISHPONDS

They refer to fishponds not otherwise protected.  Other regulations for this zone shall emanate from the Sangguniang Panlungsod Ordinance No. 1768-2003 otherwise known as the Dagupan City Fisheries Code.

1. TOURISM AREAS

These tourism areas shall include other outdoor recreation areas not specified as protected in this Ordinance.  The citywide tourism plan shall be formulated which will prescribe the necessary guidelines for the use and development of areas for tourism and other recreational areas. Initially, allowable uses include tourism-support facilities such as hotels, convention facilities, restaurants, shopping centers, souvenir shops, tourism information office and the like.

Other tourism areas and facilities are as follows:

E.1. Fishing Park. Towards promoting alternative uses of aqua-culture resources, such a facility will be pilot-tested in partnership with the land owner. Potential sites include: Mayombo, Bacayao Norte, Bacayao Sur, Lasip Grande, Lucao, Pantal and the coastal barangays;

E.2. Water-based Recreational Facilities. This will require the setting up of a boat ramp, jetty, observation tower and marina, in either Pugaro-Suit, or the Bonuan area, or both. A boardwalk may also be included in this area. Public action will include the zonation of the city’s marine waters, management of the coastal area, and the conduct of a feasibility study on water-based recreation; and

E.3. Private Recreational Facilities. Public action will focus enforcement of, and ensuring their compliance with fire safety standards.  Legislative action will increase sanctions and penalties for violations.  Land uses in the Bonuan area are intended for tourism and recreational activities.  The area will be sufficient to accommodate the following facilities:

1. Orchidarium;
2. Butterfly park;

iii. Aviary;

1. Mini-Zoo;
2. Oceanarium;
3. Crocodile Farm;

vii. Camp site;

viii. Botanical garden;

1. Race course;
2. Golf course;
3. Shooting range;

xii. Marina;

xiii. Sportswater activity site; and

xiv. Retirement houses/retirement village.

Section 16. Use Regulations in Settlement Areas.

Settlement areas refer to areas used principally for dwelling/housing purposes.  Included in this area are low density residential zone (R-1), medium density residential zone (R-2) and socialized housing.

1. LOW DENSITY RESIDENTIAL ZONE (R-1)

An R-1 zone shall be used primarily for single detached dwellings with customary ancillary uses, and compatible accessory uses on a neighborhood scale. Principal uses in R-1 zone are enumerated below.

1. Single detached single family dwelling
2. Semi-detached family dwelling, e.g., duplex
3. Customary Accessory Uses such as:
4. Servant’s quarter
5. Private garage
6. Guard house
7. Home occupation for the practice of one’s profession or for engaging in home business such as dressmaking, tailoring, baking, running a sari-sari store, carinderia and the like, subject to the following conditions that:
8. the number of persons engaged in such business/industry shall not exceed five (5), inclusive of the owner;
9.  there shall be no change in the outside appearance of the building premises;
10. no home occupation shall be conducted in any customary accessory uses cited above;
11. no traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met off the street and in a place other than the required front yard;
12. no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors and electrical interference detectable to the normal sense and visual or audible interference in any radio or television receiver or which causes fluctuations in the line voltage of the premises; and
13. Such family business shall not constitute nuisance and shall not compromise public health and safety.
14. Home industry classified as cottage industry:
15. Such home industry shall not occupy more than thirty percent (30%) of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance;
16. Allotted capitalization shall not exceed the capitalization set by the Department of Trade and Industry (DTI); and
17. It shall comply with the same provisions enumerated in paragraphs 4c, 4d, 4e and 4f of this section.
18. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as swimming pool, pelota court, basketball half court, slides and swings and children’s playground.
19. Pre-school
20. Sports club
21. Buildings for religious use, multi-purpose hall/barangay halls
22. Clinic, nursing and convalescing home, health center
23. Plant nurseries not engaged in any commercial activity

No activity prejudicial to the health and safety of the residents shall be allowed.

1. MEDIUM DENSITY RESIDENTIAL/ MIXED USE ZONE (R-2)

An R-2 zone shall be used primarily for medium-density housing, with support commercial, service, and institutional uses on a neighborhood or barangay scale.

1. Principal uses for R-2 zone are as follows:
2. All uses permitted in R-1 zone;
3. Residential condominium of medium-rise type, apartment hotels, hometels, mixed-used development having 70% of gross generated floor area for residential use;
4. Apartment houses and townhouses;
5. Multi-family dwellings and row houses;
6. Boarding houses and dormitories;
7. Family planning clinics;
8. Community civic centers, community auditoriums, halls and exhibition areas, branch library and museum;
9. Customary incidental home occupations such as barber and beauty shops, tailoring and dress shops, neighborhood convenience stores and retail drug stores;
10. Ballet, dance and voice studios provided that the classes or instructions are held in sound-proofed and air-conditioned buildings;
11. Philanthropic or charitable institutions upon approval of site development and building plan by the zoning administrator and subject to such conditions and safeguards as deemed appropriate by the same administrator;
12. Offices with no actual display, sale, transfer or handling of the office commodities in the premises; and
13. Elementary schools and high schools with adequate open space provided, and in consonance with the Department of Education regulations.
14.     SOCIALIZED HOUSING AREA

The allowable uses are as follows:

1.       Dwelling units as provided for in B.P. 220;
2.   Parking space, pocket garden;
3.     Health/community clinic;
4.   Children’s playground;
5. Cooperative store;
6. Community halls/clubhouse; and
7. Other customary uses as provided for in R.A. 7279.

The City shall identify areas for socialized housing and resettlement with due consideration, the availability of basic services and facilities, accessibility and proximity to areas with economic opportunities. The City shall coordinate with National Government Agencies such as the National Housing Authority, Housing and Land Use Regulatory Board, and Land Management Bureau in selecting suitable areas within the City.

Government-owned lands which have not been used for the purpose for which they have been reserved or set aside for the past ten (10) years may be identified as suitable for socialized housing, subject to the approval of the President of the Philippines or by the City, as the case may be, for proper disposition in accordance to the rules and regulations stipulated in RA 7279 or the Urban Development and Housing Act of 1992.

1.   INDIGENOUS DWELLING UNIT

They shall conform to the supplemental housing code to be formulated by the City which shall contain, among others, requirements on setbacks, firewalls, open space, building heights, building bulk, etc.

Section 17. Use Regulations in Water Areas

This water zone includes such bodies of water as rivers, streams, lakes and seas except those included in other area classifications. The utilization of these water resources for domestic and industrial purposes shall be allowed provided it is in consonance with the provisions of the Philippines Water Code (P.D. 1067) and other laws.

Prior to the issuance of a Zoning Clearance for any project or program classified as environmentally-critical within or along the water areas, an Environmental Compliance Certificate (ECC) must be secured from the Department of Environment and Natural Resources (DENR).

To ensure the sustainability of the fishing industry and to prevent the indiscriminate installation and construction of fishing corrals and the utilization of other illegal fishing methods, the conservation and preservation of marine and inland waters must be given priority as embodied in City Ordinance No. 1768-2003 or the Dagupan City Fisheries Code subject to the provisions of this zoning ordinance.

1. Municipal Waters/Marine Waters.  The municipal waters/ marine waters is that body of water within 15 kilometers from the shorelines of Barangays Pugaro, Bonuan-Gueset, Bonuan-Boquig, and Bonuan-Binloc. The marine waters may further be subdivided into sub-areas such as:

A.1. Artificial Coral Reef Zone. The area shall be managed by the fisherfolks engaged in capture operating within the municipal waters employing environment friendly fishing gears like gill nets, hook and line and beach seine. This zone will be located fronting Pugaro –  2.5 kilometers,  Bonuan Gueset – 3.0 kilometers  and Bonuan Binloc – 3.0 kilometers offshore.  Since our municipal waters extends to 15 kms seaward, the coverage of the zones may be adjusted in order to provide a wider fishing ground for them, limitations however, will be the capacities of their fishing boats.

A.2.  Recreational /Swimming Zone. As provided in Section 15 (a) of City Ordinance No. 1768-2003 otherwise known as the “Dagupan City Coastal Fisheries Resources Management Ordinance of Year 2003” declares a Tourism and Recreation area that covers the 72 hectares foreshore land at Tondaligan Beach and Bonuan Gueset.

A.3. Local Fishing Zone. This zone extends to the City Waters of Dagupan as defined in Section 4 of City Ordinance No. 1768-2003. The City waters shall be comprised of all the rivers, streams and inland bodies of water enclosed within the territorial jurisdiction thereof, including the marine waters delineated and delimited pursuant to DENR Administrative Order No. 17, series of 2001.

Furthermore, Section 15 of the same City Ordinance, defines the marine waters fronting barangays Pugaro Suit and extends up to Bonuan Binloc extending seaward to  the 15 kilometer municipal water boundaries provided by RA 8550 are declared our city waters.

Specifically, pursuant to and subject to the exclusion clause of Section 4 (58) of RA 8550, the defined municipal waters of Dagupan City declared by NAMRIA in February, 2006 are bounded by the general coastline of the City.

Likewise, the local fishing zone will only be open for fishing use of registered fisherfolks of the City who are granted fishing privileges and whose fishing boats are registered in the city pursuant to Section 23-26 of City Ordinance No. 1768-2003.

A.4. Commercial Fishing Zone. The commercial Fishing Zone extends seaward outside of the defined municipal waters of the City.

1. Inland Waters

Dagupan inland waters shall be divided into the following:

B.1. Navigational Lanes. It is the part of the City waters designated to direct the course of water transport and fishing vessels. In Dagupan City, navigational lanes are set at the center line of the rivers. This ensures that the river widths are wide enough to accommodate the passage of fishing boats. Section 17 of City Ordinance No. 1768-2003 designates these areas allocated as navigational lanes in the various river systems of the City.

2. 2. Fisheries Zones. The fisheries zone shall be divided into sub-zones, to wit:

B.2.1. Subzone 1 (Regulated Subzone). This is directly connected to the Lingayen Gulf covering Pugaro and Bonuan-Gueset. The use of this subzone for aquaculture  and trap fishing shall be limited to only 5% of the total land area;

B.2.2. Subzone 2 (Aquaculture and Fishing Priority Subzone).This subzone covers barangays Pugaro and Salapingao. A maximum of 10% of the total area shall be allocated for the operation of fish cages, or oyster culture, while another 10% for the operation of fishing traps;

B.2.3. Subzone 3 (Aquaculture and Fishing Priority Subzone). This subzone covers barangays Salapingao,  Lomboy, Carael, and Calmay. A maximum of 10% of the total land area shall be allocated for the operation of fishcages, or oyster culture while another 10% for the operation of fishing traps;

B.2.4. Subzone 4 (Aquaculture and Fishing Priority Subzone). This subzone covers barangays Bonuan-Gueset, Pantal, Bonuan-Boquig,  and Tambac. A maximum of  10%  of the total area shall be allocated for the operation of fishcages or oyster culture while another 10% for the operation of fishing traps;

B.2.5. Subzone 5 (Aquaculture and Fishing Priority  Subzone).This subzone covers barangays Pantal and Calmay. A maximum of 10% of the total area shall be allocated for the operation of fishcages or oyster           culture while another 10% for the operation of fishing traps;

B.2.6. Subzone 6 (Aquaculture and Fishing Priority Subzone). This subzone covers barangays Calmay, Poblacion Oeste and Tapuac. A maximum of 10% of the total area shall be allocated for the operation of fishcages or oyster culture while another 10% for the operation of fishing traps;

B.2.7. Subzone 7 (Aquaculture and Fishing Priority Subzone). This subzone covers barangays Carael, Lucao, Tapuac and Calmay. A maximum of 10% of the total land area shall be allocated for the operation of fishcages or oyster culture while another 10% for the operation of fishing traps; Sitio Linoc, Tokok and Talaib in Barangay Lucao are designated as Oyster Production subzones.

B.2.8. Subzone Zone 8 (Non-Fishery Use Subzone). This subzone, extending from Poblacion Oeste up to the boundary of Calasiao and considered as the most polluted river area in Dagupan, shall be closed to culture and capture fisheries for a period of at least two (2) years from effectivity of this Zoning Ordinance or until such time that water quality has reached acceptable levels;

B.2.9. Subzone 9 (Fishpond Priority Subzone). This subzone covers Barangays Pantal, Tambac, Mamalingling, Bolosan, Mangin and Bonuan-Boquig. The establishment of  fishcages shall be prohibited in this zone while the operation of fishing traps shall be allowed only during the rainy season (May-October) and shall occupy not more than 10% of the total land area; and

B.2.10. Subzone 10 (Fishpond Priority Subzone). This subzone covers barangays Salisay, Bolosan, Mamalingling, and Bonuan-Binloc.The establishment            of fishpens and fishcages shall be prohibited in this zone while the operation of fishing traps shall be allowed only during the rainy season (May- October) and shall occupy not more than 10% of the total land area.

To effectively administer the 10 subzones in the inland waters, each subzone shall be managed by the barangays concerned through the Barangay Fisheries Aquatic Resources Management Council (BFARMC) in coordination with the City Agriculture Office. The BFARMC is also tasked in assisting in the implementation of the Fishery Ordinance particularly in its monitoring, control, and surveillance activities.

1. Creeks or Rivulets. These creeks and small natural channels shall be protected and maintained as rainwater discharge outlets for natural storm drainage.

In order to manage the Water Areas for the purpose of attaining sustainable development and improved quality of life in coastal population, the City hereby adopts the Integrated Coastal Management (ICM) plan under  Ordinance No. 2035-2015 otherwise known as “Adopting the Integrated Coastal Management Plan.”

Section 18.  Infrastructure Areas

1. ECONOMIC INFRASTRUCTURE
2. Public Markets. In line with the City’s thrust to disperse economic activities from the traditional urban center, public action will focus on the selection of appropriate sites for public markets in the different growth centers.  This will require the following activities:
3. Site selection;
4. Detailed technical survey and mapping;

iii. Master development planning, to include conduct of a market study to determine market prospects as well as economic/financial feasibility study of the project, site development planning, development phasing and programming plan;

1. Business development planning, including investment programming; and
2. Plan implementation, to include land acquisition, plan monitoring and evaluation, among others.
3. Fish Port and Fish Market Complex with Cold Storage. In establishing this facility, public action will be guided by the Implementing Rules and Regulations (IRR) of R.A. 8435 or the Agriculture and Fisheries Modernization Act of 1997 (AFMA) which specifies guidelines and standards in the design of such facility. Potential sites include the Pantal Area.  However, in determining the feasibility of such as a facility, the same activities as in item A above will be conducted.
4. Abattoir. This facility will be used for the local market and will be planned in accordance with the requirements of the Department of Health (DOH), National Meat Inspection Service (NMIS) and related policies of the Department of Agriculture, and standards set by the National Building Code. Its proposed site will be identified based on the requirements of NMIS. In determining the feasibility of such as a facility, the same activities as in items A and B above will be conducted.
5. Other economic infrastructures. For all other economic infrastructure that will be identified in the future, the same activities as in items A, B and C above will be conducted to determine its viability.
6. SOCIAL INFRASTRUCTURE
7. Public Schools. Public action will require land acquisition preferably of adjacent lots to accommodate future expansion activities and to accommodate additional increases in student population. The growth centers will provide as new sites for proposed secondary school campuses.  Local legislation will ensure that planning guidelines for school building construction include the following:
8. Location should be away from all major roads;
9. Site should be flood-free i.e. elevated and provided with efficient drainage system and safe from other various natural hazards and disasters;

iii. Vertical development and expansion should be encouraged; and

1. There should be enough space to accommodate projected student population.

Public action will ensure that budget allocation from the Department of Education and LGU will augment the Special Education Fund (SEF) for the development of the new sites.

1. Private Schools. The expansion of private schools will be redirected towards identified growth centers within the city.  These new sites will be planned and developed in accordance with a supplemental local ordinance to the National Building Code containing campus planning and design standards.
2. Non-Formal Educational Facilities. Legislative action will take the form of a request for the establishment of a proposed secondary trade school with the objective to prepare the graduates to engage in income-generation activities.  This trade school will be established in any of the growth centers.
3. Health Centers. Additional units of these community facilities will be made available in barangays Bonuan, Lucao, Pantal and portions of the island barangays to make health care and medical services and facilities accessible to all the local residents.
4. Day Care Centers. Public action will focus on land acquisition or rental of space for such a service.  Policy agenda will encourage the private sector and other public offices to set up a child-minding facility within their premises.
5. Public Libraries and Archives. Public Libraries and Archives  in the growth areas will be a priority.  A program to put up and modernize existing public libraries in the City will be adopted.
6. Reading Centers. These will be established in all barangays.
7. City Museum. This facility will be located in the Poblacion Growth Center and in other growth centers such as the Lucao-Pantal Tourism and Growth Center. Legislative action will include the allocation of local funds to create the position of a museum curator.

i.Sports and Recreational Facilities. This community facility will be established in all growth centers through public-private partnership. They can be co-managed by the Department of Education and the LGU.  Public action will require public schools to open their sports facilities for use by the residents outside of school hours.

1. Public Assembly Areas. These are located in the City Plaza in Barangay IV, the Astrodome in Tapuac, and the Tondaligan Amphitheater in Bonuan. Public action will focus on rationalizing their utilization so that they could be used for various purposes.  Also, their maintenance and profitability will be sustained through the General Services Office.  These facilities will serve as functional elements in the City’s network of open spaces. Public assembly area will also be established in the growth centers.

k.Memorial Parks and Cemeteries. Public action will focus on expansion activities to include the setting up of condominium type grave sites, crematorium and columbarium sites within the City.  (Refer to Article VIII on Special Uses)

1. ADMINISTRATIVE INFRASTRUCTURE
2. Government Center. The policy of the City Government is to physically decentralize City Government functions and relocate them into identified growth areas particularly along the Pantal-Lucao Growth Center.  Public action will include the following:
3. Site selection;
4. Detailed technical survey and  mapping;

iii. Master development planning, to include conduct of an economic/financial feasibility study of the project, site development planning, development phasing and programming plan;

1. Business development planning, including investment programming; and
2. Plan implementation, to include land acquisition, plan monitoring and evaluation, among others.
3. Barangay Halls. The thrust of the City is for all barangays to have a multi-purpose barangay hall and to continually maintain it. Public action will include the following:
4. Prepare standard design requirement for a multi-purpose barangay hall integrating other facilities such as a health center, day care center, social hall, chapel, cooperative shops, etc.;
5. Inventory/survey of the existing condition of barangay halls and other facilities in the City;

iii. Identification of potential sites for barangay facilities and possible land acquisition arrangements; and

1. Strictly enforce guidelines regarding the location of barangay halls. Those situated in ROW or river easements should be transferred to new locations. In lieu of new building construction, another approach is to identify a strategically located area where a building can be put up to serve a cluster of barangays.
2. National Government Agency Offices Clustering. Public action will entail the clustering of existing NGA offices within the various growth areas in City based on their functions.  Clustering will be identified by the City Planning and Development Office and the City Engineering Office.
3. Public Order and Safety Offices. This will include fire protection and peace and order facilities at the main office located in Herrero-Perez, disaster management system, and traffic management system.
4. Ecological Waste Management System Facility. Legislative action will require the enactment of an ordinance requiring segregation and composting at the household level and the setting up of such a system that will include the following:
5. Solid Waste Conversion Facility;
6. Materials Recovery Facility (MRF);

iii. Composting areas; and

1. Other environmentally-friendly waste conversion and disposal technology.

This Ordinance adopts the prohibition of backyard burning of garbage and waste materials in accordance with R.A. 8749 otherwise known as “ Philippine Clean Air Act of 1999”.

1. UTILITIES, TRANSPORTATION AND COMMUNICATIONS
2. Power Supply and Distribution. The Sangguniang Panlungsod shall endeavor to fund other sources of power such as solar cell panels, biogas etc. It will also formulate regulations (based on industry standards) on joint use of distribution facilities and explore alternative sources of power supply.
3. Telecommunication. Before the construction of any cell site, a Sangguniang Panlungsod approval must first be secured. The SP shall consider public health and safety factors. The establishment of Wifi sites in public areas however needs only the clearance from the Zoning Officer and the City Engineer.
4. Sewerage System.  The City shall endeavor to establish an efficient sewerage system especially in public market and in all identified growth centers, schools and gasoline stations .Privately owned malls are required to establish a sewage treatment tank. Drainage and flood mitigating intervention at Panto-Sinocalan River shall also be established.
5. Drainage System and Flood Control Facilities. The City Government shall endeavor to establish an efficient Drainage System and Flood Control Facilities in consultation with the DPWH and the National Disaster Risk Reduction Management Office ( NDRRMO) to implement the Panto-Sinocalan River cut-off channel to divert water to the Calmay River and ease flooding in the southern barangays in the City.
6. Water Supply and Distribution System. Public action will entail joint regulation with the National Water Resources Board (NWRB) and Dagupan City Water District (DCWD) of the development of public and private wells.  The City will conduct a study on alternative sources of water to ensure its sustainability, as well as conduct a feasibility study on the potentials of the City Government going into water bottling as a municipal enterprise.
7. Arterial Roads. Public action will focus on the recovery of road-rights-of-way and to develop them into an additional lane.  A minimum lateral access to arterial roads at an interval of 500 meters may be enforced.
8. Collector Roads. A minimum lateral access along proposed collector roads to be not less than 250 meters may be enforced and that only a collector road will connect to an arterial road.
9. Distributor Roads. The development of dead-end roads will be discouraged and that all roads must form part of a loop or series of loops.
10. Subdivision Roads. Subdivision developers will be compelled to connect their main subdivision road only to collector and distributor roads.  The LGU Road design standards will be used as a basis for improving existing local roads.  These standards and guidelines will be imposed on new road construction and will include provisions on sidewalks, ramps, planting strips, street lighting, waiting sheds, and others.
11. Street Furniture. Standards for street furniture, traffic signages, and overpass shall appropriately be designed in accordance with existing national laws.
12. Parking Facilities. Refer to Section 24 of this Ordinance.
13. Transportation Terminals. Appropriate sites within the growth centers for multi-modal transportation terminals will be identified. One site for this terminal shall be established along Pantal-Lucao area.
14. Water Transport Terminals. All-weather transport docking facilities along identified sites at Pantal River and the island barangays will be constructed. In this connection, navigational lanes for water transport will be identified and properly signalized.

ARTICLE VI

GENERAL ZONE REGULATIONS

Section 19. Height Regulations.  Building height must conform to the height restrictions and requirements of the National Building Code as well as all other laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes.

1. RESIDENTIAL ZONES
2. Structures within R-1 zones shall not exceed three (3) storeys or a height of ten (10) meters from the highest natural grade line in the property or front sidewalk (main entry) level to the topmost of the structure whichever is lower.
3. Structures within R-2 zones shall not exceed five (5) storeys or a height of fifteen (15) meters from the highest natural grade line in the property or front sidewalk (main entry) level to the topmost of the structure whichever is lower.
4. ALL OTHER ZONES

There is no prescribed building height limits in these zones. The height limits of buildings which may be built in hazardous locations shall be regulated by national laws, regulations and other provisions in this Ordinance in order to reduce risk or potential hazard.

Section 20. Exemptions From Height Regulations.  Exempted from the imposition of height regulations are the following: towers, church steeples, water tanks and other utilities and such other structures useful to the residential zones. They, however, remain subject to the limitations and requirements of the National Building Code and other national regulations.

Section 21. Area Regulations. Area regulations in all zones shall conform to the applicable minimum requirements of existing laws, codes and regulations such as:

1. PD 957, “Subdivision and Condominium Buyers’ Protective Law” and its revised implementing rules and regulations;
2. Batas Pambansa 220, “Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects” and its Revised Implementing Rules and Regulations;
3. RA 7279 – Urban Development and Housing Act;
4. PD 1096 – National Building Code;
5. PD 1185 – Fire Code;
6. PD 856 – Sanitation Code;
7. Batas Pambansa 344 – Accessibility Law;
8. CA 141 or Public Land Act – public lands, including foreshore and reclaimed lands;
9. PD 705 or Revised Forestry Code – forestlands;
10. PD 1076 or Water Code of the Philippines – inland and coastal waters, shorelines and riverbank easements;
11. RA 6657 or Comprehensive Agrarian Reform Law – agrarian reform lands;
12. RA 7586 or National Integrated Protected Areas Act – protected areas in both land and seas;
13. RA 8435 or Agriculture and Fisheries Modernization Act (AFMA) – SAFDZs and prime agricultural lands;
14. RA 8550 or Revised Fisheries Code – municipal waters and coastal zones;
15. RA 9593 or Philippine Tourism Act – tourism zones and estates CLUP Guidebook 2013: Volume 5 to 88;
16. RA 9729 or Philippine Climate Change Act, as amended;
17. RA 10066 or Philippine Cultural Heritage Act – cultural and heritage zones/areas;
18. RA 10121 or Disaster Risk Reduction and Management Act – disaster-prone and geo-hazard areas; and
19. Other relevant guidelines promulgated by the national agencies concerned.

Section 22. Water Easement. The following are subject to easements of public use in the interest of recreation, navigation, floatage, fishing and salvage: the banks of rivers and streams and the shores of the seas and lakes throughout their entire length within a zone of three (3) meters in urban areas, twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their margins.

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 23.  Road Regulations, Right of Way and Setbacks

A. For national roads, a ten (10) meter setback from the center line is required and should be free from obstructions.

The following road setback regulations from the center line shall also be applied:

B.  RIGHT OF WAY, SIDES AND REAR SETBACKS

1.RESIDENTIAL AREAS (measured from property line/boundary)

2. COMMERCIAL/INSTITUTIONAL AND RECREATIONAL AREAS  (measured from property line/boundary):

 

1. PROPERTIES ABUTTING ROADS WITHOUT SETBACKS/SIDEWALKS

In the interest of public safety and general welfare, existing properties developed which failed to provide the necessary roadside easement/sidewalks, must release for public use a portion of their properties to be developed by the city as part of a comprehensive sidewalk system as provided in this section. This provision of this Ordinance also addresses the non-accessibility of some areas whose internal roads do not allow the entry of firefighting vehicles when emergency arises.

Whenever applicable, entry gates should be recessed from the property lines/walls to accommodate the safety of the motorist and pedestrians.

1. PEDESTRIAN/SIDEWALKS SYSTEM

Under this Ordinance, the City shall be provided with a comprehensive pedestrian/sidewalk network that accommodates circulation on and between various areas. No retail and other soliciting activity is allowed in sidewalks. All pedestrian lanes/sidewalks shall not be used for any purpose other than for pedestrian movements.

Sidewalks must not be less than 2 meters from the edge of the street.

1. STREET FURNITURE AND LANDSCAPE FOR ENVIRONMENTAL AND AESTHETIC PURPOSE

The City shall endeavor to beautify the street landscapes for environmental and aesthetic purposes. It shall enhance sidewalk aesthetic character by providing street furniture such as sidewalk lighting and landscaping elements (e.g. movable planters and planting strips).

The City Planning and Development Office and the City Tourism Office shall prepare a tourism and aesthetic design plan for the City upon the enactment of this Ordinance.

1. LOADING AND UNLOADING AREA REQUIREMENTS FOR INSTITUTIONAL/COMMERCIAL ACTIVITIES

The loading and unloading of goods in commercial establishments with a gross floor area of 200 sq. meter and above must be done within the confines of the property wherein such establishment is located so as not to obstruct vehicular and pedestrian traffic flow. The layout of such loading/unloading area should be designed to prevent delivery trucks from backing up unto public roads for any loading/unloading activities. In cases where no such area can be designated within the property of the establishment, loading and unloading activities may be done in front of the establishment provided that loading/unloading times shall not exceed the number of hours it takes to load/unload.

Section 24. Parking, Vehicular Entrance and Exit, and Service Entrance Regulations.  All traffic generating buildings and structures allowed in any of the zones must provide for adequate vehicular parking spaces for their employed clients and visitors, subject to the following provisions:

1. PARKING AREA REQUIREMENTS

TYPE/USE OF OCCUPANCY

RECOMMENDED OFF-STREET PARKING REQUIREMENTS

Residential Bldg./R1 Not less than 1 slot/living unit

Residential Bldg./R2 Not less than  1 slot/living unit

PD 957 Open Market Subdivision  Not less than  1 slot/living unit

Single-Detached        Not less than  1 slot/living unit

Duplex Type  Not less than  1 slot/living unit

Row Houses   Minimum of  1 slot/living unit

Bungalow       Minimum of  1 slot/living unit

Split Level      Minimum of  1 slot/living unit

Dwelling and Settlements

Multi-Storey Residential/Apartments Minimum of  1 slot/living unit

Residential Hotels and Apartels Minimum of  1 slot/living unit

Medium-Rise Commercial

Condominium Minimum of  1 slot/living unit

Hotels 3 slots / 4 rooms

Motels  Minimum of 1 slot/living unit, 3 slots/4 Rms.

Inns    3 slots /4 rms.

Pension Houses         Minimum of 1 slot/ 1 living unit

Boarding Houses       Minimum of 1 slot/ 4 rooms

Dormitory      Minimum of 1 slot/ 4 rooms

Cabanas         Minimum of 1 slot / 1 living unit

Beach House  Minimum of 1 slot/ 1 living unit

Cottages         Minimum of 1 slot/ 1 living unit

Townhouses  Minimum of 1 slot/ 1 living unit

Clubhouse      Minimum of 50 m²flr. Area 1.78

Complex Shopping Malls

Shopping Center       1 slot/50 m² floor area

Supermarket Minimum of 1 slot/ 50 m² floor area

Markets (INT)

Department Stores   Minimum of 1 slot/ 50 m² floor area

Grocery           Minimum of 1 slot/ 30 m² floor area

Hardware       Minimum of 1 slot/ 30 m² floor area

Showrooms    Minimum of 1 slot/ 30 m² floor area

Public assembly building (INT.)      Minimum of 1 slot/ 30 m² floor area

Movie Houses            Minimum of  1 slot/ 35 m² floor area

Theaters         Minimum of  1 slot/ 35 m² floor area

Retail Store/Shop      Minimum of 1 slot/ 30 m² floor area

Book Store      Minimum of 1 slot/ 30 m² floor area

Photo Shop    Minimum of 1 slot/ 30 m² floor area

Food Shop      Minimum of 1 slot/ 30 m² floor area

Bookstore       Minimum of 1 slot/ 30 m² floor area

Office Supply Shop   Minimum of 1 slot/ 30 m² floor area

Professional and Business Services

Medical Clinics           Minimum of 1 slot/ 30 m² floor area

Dental Clinics Minimum of 1 slot/ 30 m² floor area

General Office Building        Minimum of 1 slot/ 50 m² floor area

Banks  Minimum of 1 slot/ 25 m² floor area

Financial Institution  Minimum of 1 slot/ 25 m² floor area

Janitorial Agency       Minimum of 1 slot/ 30 m² floor area

Messengerial Agency            Minimum of 1 slot/ 30 m² floor area

Security Agency         Minimum of 1 slot/ 30 m² floor area

Detective Agency       Minimum of 1 slot/ m² floor area

Pest Control   Minimum of 1 slot/ m² floor area

Slimming Clinics        Minimum of 1 slot/ 30 m² floor area

Facial Clinics  Minimum of 1 slot/ 30 m² floor area

Plant Nursery and Landscaping      Minimum of 1 slot/ 50 m² floor area

Smoke Emission Centers      Minimum of 1 slot/ 30 m² floor area

Restaurants   Minimum of 1 slot/ 30 m² floor area

Eateries          Minimum of 1 slot/ 30 m² floor area

Radio Stations            Minimum of 1 slot/ 30 m² floor area

Television Station      Minimum of 1 slot/ 30 m² floor area

Cable Outlet Shops   Minimum of 1 slot/ 30 m² floor area

Welding Shops          Minimum of 1 slot/ 30 m² floor area

Machine Shops          Minimum of 1 slot/ 30 m² floor area

Junk Shops     Minimum of 1 slot/ 30 m² floor area

Foundry         Minimum of 1 slot/ 30 m² floor area

Laundry/Dry Cleaning Shops          Minimum of 1 slot/ 30 m² floor area

Repair Shops Minimum of 1 slot/ 30 m² floor area

Bakery Shops Minimum of 1 slot/ 30 m² floor area

Transport Terminals            Minimum of 1 slot/ 30 m² floor area

Garage Terminals      Minimum of 1 slot/ 30 m² floor area

Job Printing Publishing House        Minimum of 1 slot/ 30 m² floor area

Signs and Advertising Shop Minimum of 1 slot/ 30 m² floor area

Wine Store/Shop      Minimum of 1 slot/ 30 m² floor area

Beauty Parlor            Minimum of 1 slot/ 30 m² floor area

Barber Shop  Minimum of 1 slot/ 30 m² floor area

Sauna Bath Massage Clinic  Minimum of 1 slot/ 30 m² floor area

Dressmaking Tailoring Shop            Minimum of 1 slot/ 30 m² floor area

Nights Clubs  Minimum of 1 slot/ 30 m² floor area

Bars/Beerhouses      Minimum of 1 slot/ 30 m² floor area

Ballroom Halls           Minimum of 1 slot/ 30 m² floor area

Concert Halls Minimum of 1 slot/ 30 m² floor area

Videoke Bars  Minimum of 1 slot/ 30 m² floor area

Bowling Alleys           Minimum of 1 slot/ 2 Alleys

Billiard Halls  Minimum of 1 slot/ 30 m² floor area

Amusement Centers Minimum of 1 slot/ 30 m² floor area

Service Shops            Minimum of 1 slot/ 30 m² floor area

Funeral Parlors         Minimum of 1 slot/ 30 m² floor area

Memorial Chapels     Minimum of 1 slot/ 30 m² floor area

Government Offices/Facilities

Government Center City Hall Building       1 slot/ 5 employees

Public Order and Safety Office        1 slot / 5 employees

PNP Station    1 slot / 5 employees

City Health Office      1 slot / 5 employees

City Engineering Office        1 slot / 5 employees

Bureau of Fire Protection     1 slot / 5 employees

Waste Management Division           1 slot / 5 employees

LWUA Building          1 slot / 5 employees

One-Stop-Shop          Minimum of 1 slot / 30 m² Floor Area

Penitentiary and correctional buildings     Minimum of 1 slot / 30 m² Floor Area

Welfare Houses         Minimum of 1 slot / 30 m² Floor Area

Barangay Halls          Minimum of 1 slot / 30 m² Floor Area

Barangay Libraries   Minimum of 1 slot / 30 m² Floor Area

Reading Centers        Minimum of 1 slot / 30 m² Floor Area

Public City Library    Minimum of 1 slot / 30 m² Floor Area

Markets (Commercial)         Minimum of 1 slot/ 50 m² floor area

Hospitals        Minimum of 1 slot/ 50 m² floor area

Religious and Educational

Facilities Cathedral Church      Minimum of 1 slot / 25 m² floor area

Chapel            Minimum of 1 slot / 25 m² floor area

Minimum of 1 slot / 25 m² floor area

Seminary        1 slot/ 50 m² floor area

Convents        1 slot/ 50 m² floor area

University      1 slot / 35 students

Colleges          1 slot / 35 students

Professional Business Schools         1 slot / 35 students

High School    1 slot /3 classrooms

Elementary and Special Schools      1 slot / 5 classroom

Scientific/Academic Centers            1 slot / 10 students

Research Facility Center       1 slot / 10 students

Speech Clinics            1 slot   25 students

Computer Training Schools 1 slot/ 10 students

Vocational/Technical Schools          1 slot/ 35 students

Dancing Schools        1 slot/ 10 students

Driving Schools          1 slot/ 10 students

Sports/Recreational Cultural

Play Courts

Stadium

Auditorium

Coliseum        Minimum of 1 slot/ 30 m² floor area

Gymnasium    Minimum of 1 slot/ 30 m² floor area

School for Martial Self-Defense Arts Sch.   Minimum of 1 slot/ 30 m² floor area

Indoor/Outdoor Firing Range         Minimum of 1 slot/ 30 m² floor area

Museum         Minimum of 1 slot/ 30 m² floor area

Historical Buildings   Minimum of 1 slot/ 30 m² floor area

Historical Landmarks            Minimum of 1 slot/ 30 m² floor area

Agricultural Curiosity Sites  Minimum of 1 slot/ 30 m² floor area

Public Assembly Buildings   Minimum of 1 slot/ 30 m² floor area

I- Non – Pollute

Non – Hazardous

Factories and Warehouses   Minimum of 1 slot/ 100 m² gross floor area

Repacking of Food Products            Minimum of 1 slot/ 100 m² gross floor area

Gravel/Sand CHD Manufacturing   Minimum of 1 slot/ 100 m² gross floor area

Fish Processing Plants          Minimum of 1 slot/ 100 m² gross floor area

Depots            Minimum of 1 slot/ 100 m² gross floor area

Armory           Minimum of 1 slot/ 100 m² gross floor area

Slaughterhouse         Minimum of 1 slot/ 100 m² gross floor area

Temple           Minimum of 1 slot/ 100 m² gross floor area

Product Center          Minimum of 1 slot/ 100 m² gross floor area

 

1. CAR PARKING SLOTS SHOULD HAVE A MINIMUM DIMENSION AS INDICATED

 

All buildings and structures must provide for the minimum, access street, vehicular entrance and exit, and service entrance requirements specified in the National Building Code and other applicable laws, rules, and regulations.

All other buildings/structures not mentioned in the section shall be subject to the provisions on minimum off-street requirements stipulated under Section 803 of the National Building Code (PD 1096).

1. PENALTY. For every parking slot not provided by the owner of the structure that is required under this Section shall pay a penalty of Three Thousand Pesos (Php 3,000.00) per month until such time as a proper parking slot/s shall have been provided.

Section 25. Building Projections and Signage

1. In the R-1 zone, no roof sign shall be permitted. However, advertising and business signages are allowed with a maximum size of 3 feet by 4 feet.
2. In the R-2 zone, no roof sign shall be permitted.
3. Outdoor advertising signs in R-2 and C-1 zones shall be permitted.

No advertising and business signs shall extend beyond the property line. Advertising, business or roof signs built in violation of this Section are hereby declared nuisance per se, the City Engineer is authorized to demolish the same within 24 hours after due notice to the owner.

Section 26. Building or Structural Use.  No building, structure or land shall hereafter be occupied or used and no building or structure or part thereof shall be constructed or structurally altered except in conformity with the provisions of this Ordinance and without permits granted by concerned government agencies.

Section 27.Utility Easement Regulations.   All buildings and structures shall be subject to a permanent easement in favor of duly authorized public utility or service entities for the installation of electric poles and metal alley arms and all the accessories and appurtenances connected therewith for the exclusive purpose of carrying utility lines (electric, telephone, etc.) including free access for repairs, inspections and all other acts necessary to public safety and the preservation of utility lines.

Section 28. Buffer Regulations. A buffer of four (4) meters shall be provided along entire boundary length between two or more conflicting zones/sub-zones allocating two (2) meters from each side of the zone/sub-zone boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of the yard or open space.

Section 29. Advertising, Billboards and Business Signs. No advertising, billboards or business signs whether on or off premises of an establishment shall be displayed or put up for public view without permit from Billboard and Other Signages Committee. The said committee shall be composed of the City Administrator,  Zoning Officer, GAD Focal Person, City Information Officer and the City Engineer.

This committee shall consider the following Ordinances in granting permits: Ordinance No. 1815-2004 or “Providing For a Children’s Development Code of Dagupan City” , Ordinance No.1954-2010 or “Establishing the Magna Carta of Women in Dagupan City” and Ordinance No. 1855-2005 or the City Revenue Code.

It shall also consider appropriateness to the permitted use for a zone and the size thereof is not excessive, taking into account the bulk or size of the building or structure and the business practices or usages of the locality and the same shall in no case obstruct the view of any scenic spot.

Obnoxious signs that would constitute nuisance to the public such as the adjoining property owners, motorists, passersby shall not be allowed in any area.  No sign should project to public property unless expressly allowed by the Committee.

Temporary signs and billboards for not more than sixty (60) days may be allowed by the Committee upon payment of corresponding fees to the City. The permit for such sign shall indicate the location, size, slope, contents, and type of construction.

The permit of such sign shall indicate the period of posting and impose upon the applicant the obligation to remove the same upon expiration of the period allotted by the Committee.

Signs that are not removed after the allotted period are hereby declared nuisance per se. The City Engineer is authorized to remove the same within 24 hours from notice to the sign owner/establishment with cost chargeable against the latter.

The Committee, for expediency, may appoint or authorise the Zoning Officer to perform the above-mentioned functions.

ARTICLE VII.  PERFORMANCE STANDARDS

Section 30. Performance Standards. To ensure land use and neighborhood compatibility,  all land uses, developments, or constructions shall conform to the noise, vibration, smoke, dust, dirt and fly ash, odors and gases, glare and heat, industrial wastes, sewage disposal, storm drainage, pollution control, and other similar environmental standards of the National Building Code, the Clean Air Act (RA 8749), the Ecological Solid Waste Management Act (RA 9003), the Structural Code of the Philippines, and other applicable laws, rules, and regulations.

The Zoning Officer shall consider the following before the issuance of a locational clearance:

1. Noise and vibrations. All noise and vibration-producing machinery shall be enclosed and shall be provided with effective, noise-absorbing materials. Noise which is objectionable due to intermittent beat frequency or high pitch shall not be allowed. The Sangguniang Panlungsod should provide in a separate ordinance the regulations on the loudness of videokes, karaokes, fiestas, parties and the like;
2. Dust, dirt, and fly ash. The emission of dust, dirt, and fly ash from any source or activity which shall pollute the air and render it unclean, unhealthy, or hazardous, or cause visibility to be impaired, shall not be permitted;
3. Odors and gases. The emission of foul odors and gases deleterious to public health, safety, and welfare shall not be permitted.
4. Glare and heat. The production of glare and heat from any operation or activity which is beyond the tolerable limits of the general public shall not be permitted;
5. Sewerage disposal. No sewerage dangerous to the public health, safety and general welfare shall be discharged into any natural waterway or drainage channel; and
6. Traffic and Flood Consequences. The Zoning Officer shall see to it that the applicant shall provide for storm water drainage. The Zoning Officer shall ensure that the traffic is not  hampered by such constructions by the enforcement of laws and traffic ordinances.

Section 31. Environmental Conservation and Protection Standards. Natural resources should be protected. In order to achieve this objective, all developments shall comply with the following regulations:

1.Views shall be preserved for public enjoyment especially in sites with high scenic quality by closely considering building orientation, height, bulk, fencing and landscaping;

2. Deep wells shall not be allowed unless a Water Permit is obtained from the Dagupan City Water District;
3. Land use activities shall not cause the alteration of natural drainage patterns or change the velocities, volumes, and physical, chemical, and biological characteristics of storm water.  Streams, watercourses, wetlands, lakes or ponds shall not be altered, re-graded, developed, piped, diverted or built upon;
4. All developments shall ensure that storm water runoff shall be controlled through appropriate storm water drainage system design;
5. All developments shall undertake the protection of rivers, streams, lakes and ponds from sedimentation and erosion damage;
6. The internal drainage systems of developments shall be so designed as not to increase turbidity, sediment yield, or cause the discharge of any harmful substances that will degrade the quality of water.  Water quality shall be maintained according to DENR’s latest Revised Water Usage and Classification/Ambient Water Quality Criteria;
7. Municipal and industrial wastewater effluents shall not discharge into surface and groundwater unless it is scientifically proven that such discharges will not cause the deterioration of the water quality.  Effluents shall be maintained according to DENR’s latest Effluent Quality Standards for Class “C” Inland Waters;
8. Developments that generate toxic and hazardous waste shall provide appropriate handling and treatment facilities which should be in accordance with the requirements of and approved by the DENR;
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. All developments, particularly those in sloping areas, shall undertake adequate and appropriate slope and erosion protection as well as soil conservation measures;
11. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke, gas or any other air polluting materials that may have harmful 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’s latest Ambient Air Quality Standards;
12. Developments that generate a significant volume of solid waste shall provide appropriate solid waste collection and disposal systems and facilities; and
13. Industrial processes/activities should not cause negative impacts to the environment.  The Zoning Officer may request for descriptions of these as part of the requirements for Locational Clearance.

Section 32. Agricultural Land Conservation and Preservation Criteria.  Agricultural lands are recognized as valuable resources that provide employment, amenity and bio-diversity. All agricultural lands identified in the CLUP shall not be prematurely re-classified. Requests for re-classification shall be evaluated on the merits of conditions prevailing at the time of application, compatibility with the CLUP, and to the provisions of Memorandum Circular No. 54 or “ Authorizing Cities and Municipalities to Reclassify Agricultural Lands into Non-Agricultural Uses” prescribing the guidelines governing Section 20 of RA 7160 or the Local Government Code.

Section 33. Network of Green and Open Spaces.The City intends to develop a network of green and open spaces as a way to minimize the occurrence of Urban Heat Islands (UHI). Developments shall conform to the following provisions, as applicable:

1. All residential, commercial, industrial and mixed-use subdivisions, in compliance with the rules and regulations of PD 1216, PD 953, PD 957 and BP 220, are respectively required to provide tree-planted strips along their internal roads;
2. Similar developments shall also be required to provide landscaped tree parks that may be made part of the open space requirements mandated by PD 957, BP 220 and related laws. These mandated open spaces shall be classified as non-alienable public lands, and non-buildable;
3. Roof decks of all buildings shall be landscaped, as applicable; and
4. Parking lots having at least 20 car parking slots shall be:
5. Landscaped with suitable trees.  The minimum height of trees at the time of securing an Occupancy Permit shall be 1.80 meters from the base to the crown; and
6. Allotted a minimum of Twenty Percent (20%) of the lot area with permeable or semi-permeable materials such as grass, gravel, grass pavers and the like.  Section 34. Site Development Standards. It is in the interest of the public that all projects are designed and developed in a safe, efficient and aesthetically pleasing manner. Site development shall consider the environmental character and limitations of the site and its adjacent properties.  All project elements shall be in complete harmony according to good design principles and the subsequent development must be visually pleasing as well as efficiently functioning especially in relation to the adjacent properties and bordering streets. Further, designs should consider the following:

1. 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;
2. Abutments to adjacent properties shall not be allowed without the neighbor’s prior written consent which shall be required by the Zoning Officer prior to the granting of a Locational Clearance;
3. The capacity of parking areas/lots shall be per the minimum requirements of the National Building Code and this Ordinance.  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;
4. Developments, such as shopping malls, schools, places of worship, markets, sports stadia and the like, which attract a significant volume of transportation, such as PUVs and, private vehicles shall provide adequate 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;
5. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to all noise and vibration-producing operations.  Noise levels shall be maintained according to levels specified in DENR’s latest guidelines on the Abatement of Noise and Other Forms of Nuisance;
6. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond the limits of the property; and
7. Fencing along City or barangay roads shall have a maximum height of 3 meters. The lower portion of which can be made of solid (CHB, boulders) not higher than 5 feet and the upper portion of which shall be made from steel, chicken wire to allow the free flow of wind.

Section 35.  Infrastructure Capacities. All developments shall not cause excessive requirements at public cost for public facilities and services. All developments shall exhibit that their requirements for public infrastructure (such as roads, drainage, water supply and the like) are within the capacities of the system/s serving them.

The Zoning Officer shall require the following:

1. Drainage Impact Assessment Study. All development proposals in flood prone areas and all major proposals likely to affect the existing drainage regime, including commercial-residential buildings or condominiums, shopping malls, public markets, schools, universities, residential and industrial, and other similar developments shall be required to submit Drainage Impact Assessment Studies. These should be prepared, signed and sealed by duly licensed Civil Engineers, Sanitary Engineers or Environmental Planners.
2. Traffic Impact Statement. Property owners and developers of  major, high intensity facilities such as commercial-residential buildings or condominiums having four floors and above, shopping malls, public markets, transportation terminals/ garages, schools, universities, residential and industrial subdivisions, cock fighting arena, sports stadia and other similar developments shall be required to submit Traffic Impact Statements.  The Zoning Officer shall not be bound by the TIS when the same is found to be insufficient or not credible.

ARTICLE VIII

SPECIAL USES AND INNOVATIVE TECHNIQUES

Section 36. Special Uses. In addition to the applicable zoning regulations, additional locational clearance requirements may be required for each of the various uses. A prior recommendation from the Sangguniang Panlungsod thru a resolution shall be a general requirement for all uses.

The owner shall be given a non-extendible period of three (3) months upon receipt of the letter of violation within which to conform with the requirements.

Non-compliance with the requirements of this section shall result to the cancellation of the business permit by the City Treasurer and the eventual closure by the Zoning Officer.

1. TELECOMMUNICATIONS FACILITIES
2. Cellular mobile telephone service, trunking service, wireless local loop service shall be located only within the zone where public utility facilities are allowed;
3. Base stations shall conform to the setback requirements of the National Building Code and the Radio Frequency Radiation Evaluation of the Department of Health (DOH);
4. A perimeter fence as per specifications in the DOH Radiation Protection Evaluation Report shall be constructed to prevent access by the public to the antenna/ tower and other facilities;
5. The sound maintenance of such station shall be the exclusive responsibility of the proponent and/or persons operating them; and
6. The proponent must comply with the requirements of this Ordinance and other guidelines issued by the HLURB, DOH, and other governing agencies.

1. CREMATORIUM
2. Environmental and site analysis shall be conducted to ensure that the proposed crematorium is consistent with the adjacent land uses and will not pose a hazard to the community in general;

2.Proper maintenance of the crematorium shall be the sole responsibility of the proponent operating it;

3. Requirements set by the Sanitation Code (PD 856) and Water Code (PD 1067) and other applicable guidelines issued by appropriate agencies must be fully complied with;
4. Proper waste disposal, odor control, and other abatement procedures must be adopted;
5. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent; and
6. Crematorium shall be established only within memorial parks.
7. COLUMBARIUM.  Allowed as an accessory use provided it is within the same structure of a place of religious worship.
8. Environmental and site analysis shall be conducted to ensure that the proposed columbarium is consistent with the adjacent land uses and         will not pose a hazard to the community in general;
9. Proper maintenance of the columbarium shall be the sole responsibility of the proponent operating it;
10. Requirements set by the Sanitation Code (PD 856) and Water Code (PD 1067) and other applicable guidelines issued by appropriate agencies must be fully complied with;
11. Proper waste disposal, odor control, and other abatement procedures must be adopted; and
12. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent.

1. FUNERAL/MEMORIAL SERVICE
2. Proper waste disposal, odor control, and other abatement procedures must be adopted;
3. Other sanitary requirements by the Sanitation Code (PD 856), Ordinance No. 1927-2009 or the Health and Sanitation Code of the City of Dagupan, City Health Office and DOH shall be complied with;

3. Other appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area may also be required from the proponent;
4. They shall only be allowed along AB Fernandez East and Arellano Street; and
5. Sanitation permit and other permits shall be secured before the  issuance of a Locational Clearance.
6. PETROL FILLING STATION
7. Petrol filling stations must conform to the standards set by the Department of Energy (DOE);
8. Adequate fire-fighting and other safety equipment must be provided to ensure that it will not pose hazards in the area;
9. Other appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area may also be required from the proponent;
10. No Petrol filling station shall be established within 50m radius (from the property line) from schools, hospitals, factories or warehouses with combustible materials or products; and

5. Fire Safety Inspection Certificate (FSIC) must be secured from the Bureau of Fire Protection (BFP) before the issuance of a Locational Clearance.
6. JUNK SHOPS
7. Adequate fencing shall be put up to prevent undue scattering of junk materials;
8. Proper maintenance and general cleanliness of the junk shop shall be the sole responsibility of the proponent operating it;
9. No stockpiling of materials shall be allowed beyond the fenced area of the junkshop to prevent resulting eye-sore and deleterious odors;
10. Sorting of junk materials shall be done within the shop premises and shall not spill over to any pedestrian or right-of-way;
11. Other appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area may also be required from the proponent; and
12. Medium scale junk shops, selling and buying of recycled materials and similar activities are hereby confined at the PNR North Road. Small scale junk shops may be allowed in other commercial areas provided they are located at the back of buildings or discreetly hidden; and
13. Junk shops shall not be located in flood-prone areas as identified in the hazard map.
14. LIQUEFIED PETROLEUM GAS (LPG) REFILLING/RETAIL STATION
15. Adequate fire-fighting and other safety equipment must be provided to ensure that it will not pose hazards in the area;
16. No stockpiling of LPG tanks shall be allowed in any pedestrian right-of-way and no LPG tanks shall be stored in an exposed area;
17. Other appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area may also be required from the proponent; and

4. Fire Safety Inspection Certificate ( FSIC) must be secured from the Bureau of Fire Protection ( BFP) before the issuance of a Locational       Clearance.
5. MATERIALS RECOVERY FACILITY (MRF)
6. Proper maintenance of Barangay Materials Recovery Facility (BMRF) shall be the sole responsibility of the Barangay operating it;
7. Requirements set by the Sanitation Code (PD 856) and the Ecological Solid Waste Management Act (RA 9003) and other applicable guidelines issued by appropriate agencies must be fully complied with;
8. Other appropriate conditions and safeguards to minimize any adverse effects on the character of the surrounding area may also be required from the proponent; and
9. The provisions of the Sanitary Code must be complied with.
10. CONCRETE HOLLOW BLOCK (CHB)–SAND AND GRAVEL SUPPLY
11. There shall be no stock piling of any construction materials or sand and gravel along roads and sidewalks in the City;
12. All roads and thoroughfares should be free from any obstruction except for repair or construction of roadways being undertaken by the Department of Public Works and Highways and other related/relevant government entities;

3. Selling of concrete hollow blocks, sand and gravel and other related construction materials i.e. lumber and similar activities with dump trucks and heavy equipment, preferably shall not be located along front yards and high density residential areas or subdivision sites; and

4. Manufacturing of Concrete Hollow Blocks ( CHB) must be located in area/s where no adjacent residential dwelling may be affected by the pollution created by the activity.

1. PYROTECHNICS  DEALER

Activities related to the manufacture, assembling, and storage and selling of pyrotechnics, firecrackers, and similar products are to be located only in prescribed areas to be determined by the local police authorities in coordination with the Local Zoning Board of Appeals.

For businesses engaged in the sale of and distribution of pyrotechnics, a Fire Safety Inspection Certificate ( FSIC) must be secured from the Bureau of Fire Protection ( BFP) before the issuance of a Locational Clearance.

1. LARGE SCALE WAREHOUSING OF SUGAR, COOKING OIL, LPG AND OTHER SIMILAR COMBUSTIBLE MATERIALS

They must be located in area provided with adequate buffer zone to protect adjoining properties from threats of fire. Warehouses or other buildings utilized for such purpose should have a minimum of 20.0 m. clear open space to the nearest building or to the property line. The warehouse should be made of non-flammable materials and adequately provided with fire-suppressing equipment.

Section 37.  Innovative Techniques or Designs.  Applications for projects that promote urban renewal and restoration work, introduce flexibility and creativity in design or plan, such as but not limited to Planned Unit Development, introduce climate change-adaptive design, etc., may be submitted to the LZBA for approval, provided that:

1. The proposed master development plan for the project supports the overall vision and goals of the City;
2. The project shall contribute to the improvement of the neighborhood where it is located. Such improvement shall include, but not limited to economic revitalization of the area,  employment generation, traffic mitigation and management, disaster risk reduction and climate change adaptation, environmental improvement, green building technology and sustainability initiatives and arts and culture enhancement;

3. The project benefits shall not only accrue to the proponent but to the surrounding neighborhood and the City in general;
4. Necessary environmental clearances and other government approvals shall be obtained and submitted; and
5. The City may establish climate adaptive designs on public domain provided that all necessary environmental requirements by national agencies are complied with.

ARTICLE IX

MITIGATING DEVICES

Section 38. Deviation. Exceptions, variances or deviations from the provisions of this Ordinance may be allowed by the Local Zoning Board of Appeals (LZBA) only when any of the following terms and conditions exist:

1. VARIANCE. It is a special locational clearance which grants a property owner  relief from certain provisions of the Zoning Ordinance where, because of the particular physical surrounding, shape or topographical conditions of the property, compliance with the height, area, setback, bulk, and/or density requirements would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a denial of his desire to gain profit.

Thus, when the property is unique and different from other properties in the locality and because of its own uniqueness, the owner/s cannot obtain a reasonable return on his/their property, variance maybe granted if all the following conditions are satisfied:

1. Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to the physical conditions of the property (topography, shape, etc.) which are not self-created;
2. The proposed variance is the minimum deviation necessary to allow the reasonable use of the property;
3. The variance will not alter the essential  character of the district or zone where the property for which the variance sought is located;
4. The variance will not substantially or permanently injure the use of the properties in the same district or zone; and
5. The variance will not weaken the general purpose of the Ordinance and will not adversely affect the public health, safety or welfare.
6. EXCEPTION. It is a mitigating device which grants a property owner relief from certain provisions of the Zoning Ordinance where denial of the specific use  applied for would result in a particular hardship, as distinguished from a mere inconvenience or a thwarting of the desire to make more money on the part of the property owner.

Exception from compliance with certain provisions of this Ordinance is allowed if all the following conditions are present:

1. The exception will not adversely affect public health, safety and welfare of, and is in keeping with the general pattern of development in the community;
2. The proposed project shall support economic activities, provide livelihood, vital community services and facilities, while at the same time posing no adverse effect on the zone/community;
3. The exception will not adversely affect the appropriate use of adjoining properties  in the same zone; and
4. The exception will not alter the essential character and general purpose of the zone where the property for which the exception sought is located.

Section 39.  Procedures for the Grant of Exceptions and Variances.  The procedures for evaluating applications for Variances and/or Exceptions provided for in HLURB CLUP Guidebook 2014, Vol.3 are hereby adopted as follows:

1. The project proponent shall file a written application for Variance and/or Exception with the LZBA citing the sections(s) of this Ordinance 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. This sign shall be maintained until the LZBA has rendered a decision on the application.
3. The LZBA shall conduct preliminary studies on the application. These application papers shall be made accessible to the public.
4. A written affidavit of no objection to the project by the owners of the properties immediately in front of and abutting the project site shall be filed by the applicant with the LZBA within fifteen (15) days upon filing of application.
5. The LZBA shall hold public hearing(s) to be held in the concerned barangay.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies.
7. The LZBA shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavit of non-objection and the public hearing(s).

All expenses to be incurred in evaluating proposals for Variances and/or Exceptions shall be shouldered by the project proponent.”

ARTICLE X

PLANNED UNIT DEVELOPMENT (PUD)

The following are the Growth Centers: Poblacion Growth Center, Bonuan Growth Center, Lucao-Pantal Tourism Growth Center and Caranglaan Tebeng Growth Center. However, only the last three are considered PUD sites.

Section 40. General Policies. The following are general policies for the Planned Unit Development (PUD):

1. The PUD approach seeks to promote a more economical and efficient use of the land by permitting greater flexibility in space allocation and mix of activities and encouraging a more creative and imaginative site design. A typical PUD integrates residential and non-residential uses in a harmonious manner while providing a higher level of urban amenities and circulation systems within an open space framework;
2. The PUD shall be in the identified growth centers provided by the Revised Comprehensive Land Use Plan. It shall be developed following the prescribed general development intent stated herein;
3. Residential use along the periphery of the PUD shall be allowed;
4. For the proper regulation of development in PUD areas, development proposals should be submitted for review and approval by the LZBA in consultation with the Local Zoning Officer and the CG-ENRO. All proposals must be submitted in a form which will satisfy the requirements imposed by this Ordinance as well as by other relevant existing laws regarding subdivision, condominium, economic and socialized housing;
5. Planned Unit Development (PUD) Projects shall be accompanied by Comprehensive Development Master Plan (CDMP) showing at the minimum, proposed land uses, building density and bulk, road network layout, road and sidewalk section details and master layout of all utilities such as those for potable water, storm drainage, sewerage, power supply, telecommunication and solid waste management;
6. CDMPs shall also be provided with deed restrictions where upon approval of the Zoning Officer or LZBA. As the case may be, proof of compliance of future projects on the said PUD site shall form part of the requirements for Locational Clearance.; and
7. Land Development or Redevelopment Schemes for a new or built-up project site wherein said project site must have a Comprehensive Development Master Plan (CDMP) or its acceptable equivalent. i.e., a unitary development plan/site plan that permits flexibility in planning/urban design, building/structure, siting, complementarity of building types and land uses for General Public use services and business activities and the preservation of significant natural land features if feasible, whereby said CDMP must be duly approved by  the LGU concerned.

Section 41. PUD Objectives. The following are the objectives of the Planned Unit Development or PUD:

1. Promote flexibility in design and permit planned diversification in the location of structures;
2. Promote the efficient use of land to facilitate a more economic arrangement of buildings, circulation systems, land use and utilities;
3. Preserve existing desirable landscape features and open spaces and to utilize such features in a harmonious manner;
4. Provide for more usable and suitably located recreational facilities and other public and common facilities and coordinate them within an overall site plan;
5. Combine and coordinate architectural styles, building forms and building relationships;
6. Include climate change adaptation and disaster risk reduction-enhanced planned unit development infrastructure utilities and facilities; and
7. Promote gender sensitive orientation and accessibility of the most vulnerable sector of the PUD communities.

Section 42. PUD Supplementary Guidelines. The LZBA shall formulate supplemental guidelines for PUD Development in accordance with the Comprehensive Land Use Plan.

1. USES AND DENSITY FACTORS. Uses within the PUD may include only those uses associated with the General Land Use Category as shown in the Revised Comprehensive Land

Use Plan and within the underlying zoning districts or zones. The PUD development plan shall identify all land uses that were proposed under the CLUP and shall become the permitted  and allowable uses. Any changes in the allowable uses shall be considered an amendment to the PUD and shall follow the procedures specified by the LZBA.

The density of development within the PUD shall conform to the standards and guidelines set forth under the Implementing Rules and Regulations for BP 220 or the Economic and Socialized Housing , P.D. 957 or the Subdivision and Condominium Protective Decree, R.A. 7279 or An Act to provide for a Comprehensive and Continuing Urban Development and Housing Program and P.D. 1096 or the National Building Code of the Philippines.

1. PERFORMANCE STANDARDS. Performance standards specifying limits on, among others, buffer yards, site quality, water quality, resource protection and environmental nuisance such as, among others, noise and vibration, smoke, dust, odor and gases, glare and heat, and sewage disposal.
2. AVAILABILITY OF PUBLIC SERVICES. Any PUD project shall be located in areas with access to transportation facilities without creating traffic congestion along minor streets especially in the residential zones.

Should a PUD proposal directly cause the incursion of public cost in the future such as the enlargement of sanitary sewer, surface drainage systems, water lines, and other utility systems, the costs of such or a portion of thereof, shall be shouldered by the PUD applicant. The determination of the actual cost shall be done by the LZBA. The PUD applicant may only pay a portion of such public costs if other public benefits will accrue due to the enlargement of the systems.

1. OWNERSHIP

The applicant/s must show evidence of absolute ownership over the property for development upon submission of application for approval of its proposed Site Development Plan.

1. PROCESSING FEES

At the time of formal application for PUD, the following fees shall be charged:

Area of PUD               Fees

10.0 hectares and below      Php 5,000.00

10.1 – 20.0                 10,000.00

20.1 – 30.0                 20,000.00

30.1 – 40.00      30,000.00

40.1 – 50.00      40,000.00

50.1 – 60.00      50,000.00

60.1 – 70.00      60,000.00

70.1 – 80.00      70,000.00

The fees shall be used to defray costs of reviewing PUD proposals. The use of sliding scales above a minimum base amount according to the number of hectares included in the project is hereby established and made part of this Ordinance.

Paragraph (e) DIVISION J-2 structures shall be assessed 50% of the rate of the principal building of which they are accessories. Refer to the New Schedule of Fees and other Charges of  PD No,1096 or the National Building Code of the Philippines.

1. BUILDING HEIGHT LIMIT (BHL)

Planned Unit                               No. of Allowable Storeys/               Meters Above Highest

Development (PUD)               Floors above established Grade

Grade

Coastal Area              3-5 stories 10-15 meters

1. REFERENCE TABLE OF FLOOR TO LOT AREA RATIO (FLAR) DESIGNATION/RIGHTS

Planned Unit Development FLAR DESIGNATION/RIGHTS (PUD)

Coastal Area   12.00 up to 18.00

Reference table of maximum allowable PSO, maximum allowable ISA, the MACA, the minimum USA and the TOSL by type of Land Use Zoning per lot.

This illustrates the manner in determining the maximum allowable percentage of site occupancy (PSO), the maximum allowable impervious surface area (ISA) maximum allowable construction area (MACA), minimum unpaved surface area surface area (USA) and the Total Open Space within Lot (TOSL) with reference to type of land use zoning per lot.

PLANNED UNIT         MAX. ALLOWABLE         MAX. ALLOWABLE        MAX. USA TOSL

DEVELOPENT (PUD)              PSO                   ISA (PAVED OPEN SPACE)  (UNPAVED OPEN    (ISA +

SPACE)       USA)

COASTAL AREA           70%       15%            15%                      30%

Minimum required off-street (off-RROW) cum on-site parking slot, parking area and loading/unloading space requirements by allowed used or occupancy.

PLANNED UNIT DEVELOPMENT Minimum required parking slot, parking

(PUD) area and loading space requirement.

COASTAL AREA Provide parking requirements stipulated for most similar or most related uses or  occupancies.

The LZBA is hereby authorized to formulate other guidelines in accordance with this Ordinance.

Section 43. Site Development Plan Review and Approval Procedures

1. The Site Development Plan Review and Approval Procedures shall be prepared by the Local Zoning Board of Appeals (LZBA) and shall be integrated in the City’s Citizen’s Charter upon its completion. Said process shall have these but not limited to the following steps:
2. Preliminary Conference
3. Site Development Plan and Review; and
4. Resolution on the Application
5. The LZBA may review the procedures as often as necessary to avoid and/or prevent delays and subsequently incorporate amendments made therein in the City’s Citizen’s Charter to facilitate the efficient review and approval of PUD applications.
6. Any disagreement resulting from the review and approval process undertaken by the LZBA may be appealed to the HLURB for further clarifications.
7. The LZBA shall also promulgate its internal rules for the Site Development Plan review and approval.

Section 44. Written Documents Required For Site Development Plan Review and Approval. During the review, the LZBA shall require the PUD applicant to submit six (6) copies of the following requirements:

1. WRITTEN DOCUMENTS
2. A legal description of the total site proposed for development, including a statement of present and proposed ownership and present zoning classification.
3. Names and addresses of all owners of adjacent property.
4. A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. Also included should be a description of character of  the proposed development and the rationale behind the assumptions and choices made by the applicant to determine his/her intentions.
5. A development schedule indicating the approximate date when construction of the PUD or stages of the PUD can be expected to begin and be completed.
6. A statement of the applicant’s intentions with regard to the future selling or leasing of all or portions of the PUD, such as land areas, dwelling units, etc.
7. Quantitative data for the following:
8. total number and type of dwelling units as well as proposed parcel sizes;
9. proposed Floor-Area-Ratios (FAR) and open space coverage for non-residential spaces;

iii. approximate gross and net residential densities;

1. total amount of open space including a separate figure for functional open spaces such as parks, playgrounds, roads, easements, or as classified in the approved CLUP;
2. total amount of non-residential construction (including a separate figure for commercial or institutional facilities);
3. economic feasibility studies or market analysis, where necessary;

vii. initial Environmental Examination (IEE) Checklist Report prepared in accordance with the Environmental Management Bureau (DENR-EMB) guidelines; and

viii. Other studies as required by the LZBA.

1. SITE PLAN AND SUPPORTING MAPS
2. The existing site conditions including contours at one to five meter intervals (depending on local topographic condition), water course, flood plains, unique natural features,  and forest cover, among others.
3. Proposed lot lines and plot designs.
4. The location and floor area size of all existing and proposed buildings, structures, and other improvements including maximum heights, types of dwelling units, density per type, and nonresidential structures, including commercial facilities.
5. Preliminary architectural renderings of typical structures and improvements as well as landscaping options.
6. The location and size in hectares or square meters of all areas to be conveyed dedicated or reserved as common open space, public parks, recreational arteas, school sites, socialized housing sites, and similar public and semi-public uses.

6. The existing and proposed circulation system of arterial, collector, and local streets, including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way, notations of proposed ownership –public or private- should be included where appropriate.

7. The existing and proposed utility systems including sanitary sewers, storm sewers, and water, electric and telephone lines, etc.
8. A general landscape plan, in schematic form, indicating the treatment of materials used for private and common open spaces.
9. Sufficient information on land uses within and surrounding the property including zoning classifications, densities, circulation systems, public facilities, and unique natural features.
10. The proposed treatment of the perimeter of the PUD, including materials and techniques used such as screens, berms, fences and walls.
11. A preliminary environmental management plan indicating measures to be taken to minimize or mitigate environmental degradation during the construction phase.
12. Any additional information as required by the PRC which are necessary to evaluate the character and impact of the proposed PUD or considered essential to the decision of approving the general intent and character of the proposed development.

ARTICLE XI

SPECIAL PROVISIONS FOR LUCAO-PANTAL TOURISM AND GROWTH CENTER

For the Lucao-Pantal Tourism and Growth Center, public intervention will be focused on developing the area as a mixed-use zone consisting of government offices, retail and tourism-related establishments, academic institutions and other necessary developments allowed in this area.   It will also encompass wholesome tourism activities such as river tours. The area shall accommodate low to medium density commercial areas, residential areas and various community facilities.

Section 45. Construction and Interpretation of This Article. The following sections in this article shall govern the Lucao-Pantal Tourism and Growth Center.  They shall prevail over any contrary provisions found anywhere in this Code.

Section 46. Guidelines for The Development of the Lucao-Pantal Tourism and Growth Center. (See Annex B on Schematic Map)

1. ZONE DIVISIONS

The Lucao-Pantal Tourism and Growth Center will be zonified into two (2) major zones:  Zone 1 located on the northern side or more commonly known as the Pantal Area; and Zone 2, located on the southern area or more commonly known as the Lucao Area. These will be linked by a Midway Zone with approximately 3.5 kilometers apart from the two zones.

This Midway Zone shall be an activity node in the middle of these two major zones. It is aimed at enlivening the environment by hosting wholesome festivities, mini concerts and mini-plays, among others.

1. Zone 1 Regulations (Pantal Area). This will be known as the NEW CENTRAL BUSINESS DISTRICT.  The following building/structures/ development types will be allowed:

1. City Hall with Adjacent Government Offices;
2. Activity Grounds/Open Space;
3. Retail Strip connected via green/open spaces;
4. Riverside Retail Strip;
5. Mixed-used Offices (for future development);
6. Institutional Buildings (for future development) University Campus, College Buildings, hospitals etc.;
7. Residential Developments;
8. Fish port;
9. Transport Terminal;
10. Parking Block; and
11. Socialized Housing Site.
12. Zone 2 Regulations. For Zone 2 (Lucao Area), which will be known as the ENTERTAINMENT, TOURISM AND RECREATION DISTRICT the following building /structures/development types will be allowed:

1. Retail Strip;
2. Ferry Terminal for River Tours;
3. Resort Development/Themed Recreation Parks and Hotels;
4. Fisherman’s Wharf;
5. Residential Subdivision Development;
6. Parks and Open Spaces; and
7. Retail and Offices.

Refer to Annex B and Series for the Schematic Map of the Pantal- Lucao Growth Center.

1. SPECIAL DEVELOPMENTS IN ALL ZONES. The following special developments are also allowed in this growth center:
2. Establishment of a river wall as an infrastructure support and a mitigating tool for climate change impacts;
3. Establishment of boardwalk will serve as a path for active lifestyle activities like biking and jogging, among others;
4. Establishment of Transport Terminals which will cater to western, northern, eastern  and   Manila-bound buses;
5. Establishment of transportation network that will allow local public vehicles, more particularly the Downtown Jeepneys to ply the area; and
6. Establishment of intersections and roadways as an alternative route from the main thoroughfare.

1. PROHIBITIONS. The establishment of the following shall be strictly prohibited:
2. Funeral parlors or any display of activities related therein;
3. Waste collection area or dumping grounds or junkyards;
4. Activities that promote sex-tourism, prostitution, trafficking, gambling, child labor and those that debase and violate human rights are likewise strictly prohibited in this area; and
5. Such other activities that shall pose as eyesore, or manifestly offensive to the senses.

ARTICLE XII

CREATION OF OFFICES

Section 47. Creating the City Architect Office. The City Architect Office as a Division  under the City Mayor’s Office shall be created with the following functions under Section 485 of the Local Government Code:

1. Formulate measures and provide technical assistance and support in carrying out measures to ensure the delivery of basic services and provision to adequate facilities relative to architectural planning and design;
2. Develop plans and strategies and upon approval by the authorized authority, implement the same particularly those which have to do with architectural planning and design programs and projects;
3. Prepare and recommend for the consideration of the Sanggunian, the architectural plan and design for the local government unit including the renewal of slums and blighted areas, land reclamation activities, the greening of land and appropriate marine and foreshore areas;
4. Review and recommend for appropriate action of concerned authorities the architectural plans and design submitted by governmental and non-governmental entities or individuals, particularly those for undeveloped, underdeveloped, and poorly designed areas;
5. Coordinate with government and non-government entities or individuals involved in aesthetics and the maximum utilization of the land and water within the jurisdiction of the local government unit, compatible with environmental integrity and ecological balance;
6. Be in the frontline of the delivery of services involving architectural planning and design, particularly those related to the redesigning of spatial distribution of basic facilities and physical structures during and in the aftermath of man-made and natural calamities and disasters;
7. Recommend to the proper authorities on all other matters relative to the architectural planning and design as it relates to the total socio-economic development of the local government unit; and
8. Exercise such other powers and perform such other functions and duties as may be prescribed by law or ordinance.

There shall be one City Architect and an Assistant City Architect in said office.  The rest of the positions created in the CLUP shall be subject to the availability of funds.

Section 48. Creating the Office of the City Building Official. The Office of the City Building Official as a Division under the City Mayor’s Office shall be created with the functions pursuant to the Department Order No. 110, Series of 1993 of the Department of Public Works and Highways (DPWH). The functions for the administration and enforcement of P.D. 1096, otherwise known as the National Building Code of the Philippines has been devolved to the Local Government Units (LGUs). With these devolved functions, the Office of the City Building Official shall:

1. Implement regulations and requirements for the construction, alteration, repair, conversion, use, occupancy and demolition of buildings pursuant to Section 301 of P.D. 1906 as well as the enforcement of related orders and decisions;

1. Ensure responsive and timely processing and evaluation of building and ancillary permits through an integrated infrastructure permit processing system;
2. Develop and maintain an information and education program towards a sustainable advocacy for public awareness to reinforce observance of utmost transparency in the conduct of regulatory services; and
3. Continually encourage collaboration and support of stakeholders in the building construction industry in the administrative control and enforcement of policies, rules and regulations and in the implementation of industry development programs and projects.

There shall be one Building Official and an Assistant Building Official in said office.  The rest of the positions created in the CLUP shall be subject to the availability of funds.

Section 50. Creating the City Government Environment and Natural Resources Office. (CG-ENRO).  The City Government Environment and Natural Resources Office (CG-ENRO) shall be created with the following functions under Section 484 of the Local Government Code:

1. Formulate measures and provide technical assistance in carrying out measures to ensure the delivery of basic services and provision of adequate facilities relative to environment and natural resources services;
2. Develop plans and strategies relative to environment and natural resources programs and projects;
3. Establish, maintain, protect and preserve communal forests, watersheds, tree parks, mangroves, greenbelts and other similar areas;
4. Provide extension services to beneficiaries of forest development projects and technical, financial, and infrastructure assistance;
5. Manage and maintain seed banks and produce seedlings for forests and tree parks;
6. Provide extension services to beneficiaries of forest development projects and render assistance for natural resources-related conservation and utilization activities consistent with ecological balance;
7. Coordinate with government agencies and non-governmental organizations in the implementation of measures to prevent and control land, air and water pollution with the assistance of the DENR;
8. Be in the frontline of the delivery of services concerning the environment and natural resources, particularly in the renewal and rehabilitation of the environment during and in the aftermath of man-made and natural calamities and disasters;
9. Recommend on all matters relative to the protection, conservation, maximum utilization, application of appropriate technology and other matters related to the environment and natural resources; and
10. Exercise such other powers and perform such other functions and duties as may be prescribed by law or ordinance.

There shall be one CG-ENR Officer and an Assistant CG- ENR Officer.  The rest of the positions created in the CLUP shall be subject to the availability of funds.

Section 51. Establishment of the Zoning Office. This office shall be composed of one Zoning Officer and an Assistant Zoning Officer. The rest of the positions created in the CLUP shall be subject to the availability of funds.

Section 52. Functions of the Zoning Office. The Zoning Office shall perform the following functions:

1. ENFORCEMENT
2.   Act on all applications for locational clearances for all projects by:
3. Issuing locational clearances for projects conforming to the zoning regulations;

and

1. Recommending to the Local Zoning Board of Appeals (LZBA) the grant or denial of application for variances and exceptions and the Issuance of Certificates of Non-Conformance for non-conforming projects lawfully existing at the time of the adoption or amendment of the zoning ordinance, including clearance for repairs/renovations on non-conforming uses consistent with the guidelines therefore.
2. Monitor on-going/existing projects within the City jurisdiction and issue notices of violation and show cause orders to owners, developers, or managers of projects that are violative of the Zoning Ordinance and where necessary, pursuant to Sec. 3 of EO 72 and Sec. 2 of EO 71, refer subsequent actions thereon to the HLURB.
3. Call on and coordinate with the Philippine National Police for enforcement of all orders and processes issued in the implementation of this Ordinance.
4. Coordinate with the Legal Officer for other legal actions/ remedies relative to the foregoing.
5. Recommend to the LZBA the revocation of issued locational clearance on valid and reasonable grounds.
6. Inspect business premises or activities within reasonable business hours upon application, opposition, complaints, or report to determine compliance or violation of the Zoning Ordinance.

Issue a show-cause order to the applicant in case of any violation of the zoning ordinance.

7. Whenever required or deemed necessary, seek technical assistance from the LZBA and/or LZRC for the evaluation of applications and/or monitoring the compliance of granted applications.
8. Coordinate with the Register of Deeds for the Certification of land titles and other proof of ownership regarding properties.
9. Impose the following basic and other necessary conditions in the Locational Clearance:
10. All conditions stipulated herein form part of this decision and are subject to monitoring;
11. None compliance therewith shall be a cause for cancellation or legal action;

iii. The applicable requirements of government agencies and applicable provisions of existing laws shall be complied with;

1. No activity other than that applied for shall be conducted within the project site;
2. No major expansion, alteration and/or improvement shall be introduced without prior clearance from this office;
3. The decision by Zoning Officer must not be construed as a certification of the ownership of parcel of land concerned the applicant of the parcel of land subject to this decision;

vii. Provisions as to setbacks, yard requirement bulk, easement, area, height and other restriction shall strictly conform to the requirements of the National Building Code and other related laws;

viii. This decision shall be considered automatically revoked if project is not commenced within One (1) year from the date issuance;

1. Locational Clearance is Non-Transferable;
2. Any complaint against location and/or pollution of the project found valid after due hearing shall be sufficient cause for revocation of this decision;
3. Adequate parking space loading and unloading areas shall be provided within the project site;

xiii. Regular and adequate safety waste/garbage disposal shall be strictly observed;

xiv. Adequate safety measures against fire shall be provided at all times; and

1. Secure an ECC or CNC from DENR prior to introducing any development with the site and submit a copy thereof to this office within six months.
2. PLANNING.  Coordinate with the LZRC regarding proposed amendments to the Zoning Ordinance prior to its adoption by the Sangguniang Panlungsod.

ARTICLE XIII

ADMINISTRATION AND ENFORCEMENT

Section 53.  Projects of National Significance. Projects may be declared by the NEDA Board as projects of national significance. Locational Clearance shall be issued by the Zoning Officer to projects not otherwise declared as projects of national significance pursuant to existing laws and national guidelines.

Section 54. Environmental Compliance Certificate (ECC).  Notwithstanding the issuance of locational clearance under Section 56 of this Ordinance, no Environmentally Critical Projects (ECPs) or projects located in Environmentally Critical Areas (ECAs) shall be commenced, developed or operated unless the requirements of an Environmental Compliance Certificate (ECC) have been complied with.

Section 55. Subdivision Projects. All owners and/or developers of subdivision projects shall, in addition to securing a locational clearance under Section 56 of this Ordinance, be required to secure a Development Permit pursuant to the provisions of Presidential Decree 957 and its Implementing Rules and Regulations.  In the case of socialized housing projects, the requirement of Batas Pambansa (BP) 220 and Executive Order No. 71 otherwise known as “ Devolving the Powers of the Housing and Land Use Regulatory Board to Approve Subdivision Plans to Cities and Municipalities Pursuant to RA 7160 Otherwise Known as the Local Government Code”  must be complied with.

Section 56. Locational Clearance (Certificate of Zoning Compliance). All owners/developers shall secure a Locational Clearance from the City Zoning Officer, or in cases of variances and exceptions, from the Local Zoning Board of Appealss (LZBA) prior to conducting any activity or undertaking construction on their property/land.

Revocation of Locational Clearances however, is decided upon by the LZBA upon recommendation of the Zoning Officer. Any decision by the LZBA may be appealed to the HLURB.

Section 57. Certificate of Satisfactory Compliance (CSC).  Upon inspection of the completed project for the purpose of determining whether the applicant has satisfactorily complied with the requirements of his application, a certificate of Satisfactory Compliance may be issued by the Zoning Officer. This is to ensure that construction has not exceeded those indicated in the original building plans, specifications and this ordinance. This shall be a requirement before the City Engineer issues an certificate of occupancy.

No CSC shall be issued when a construction violates the mandatory provision of this Ordinance.

Section 58. Business Permit.  No business permit shall be issued by the City without the clearance from the Zoning Officer. Existing businesses transferring to a new location must also have a clearance from the Zoning Office.

Section 59. Building Permit.  No building permit shall be issued by the Building Official or City Engineer without a valid Certificate of Zoning Certificate ( CZC) issued by the Zoning Officer. A corresponding Certificate of Satisfactory Compliance (CSC) shall also be issued by the Zoning Officer once the building has been erected. This is to ensure that construction has not exceeded those indicated the original building plans, specifications and this ordinance.  Any additional new construction other than what has been originally approved shall require a new Certificate of Zoning Certificate ( CZC), provided that such structure is consistent with the Ordinance.

Section 60. Non-use of Locational Clearance. Upon issuance of a locational clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by such clearance on his/her property.  Non-use of said clearance within said period shall result in its automatic expiration and cancellation.  The grantee shall not proceed with his project without applying for a new clearance.

Section 61. Notice of Non-Conformity.  Upon approval of this Ordinance, the Zoning Officer shall immediately notify property owners of any existing non-conforming uses of their land or property.

Section 62. 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 does not conform to the provision of this Ordinance, subject to the following conditions:

1. No such non-conforming uses shall be enlarged or extended to occupy greater area of land than that already occupied by such use at the time of the adoption of this Ordinance, or moved in whole or in part, to any other portion of the lot or parcel or land where such non-conforming use exists at the time of the adoption of this Ordinance;
2. The non-conforming activity shall be allowed a leeway to operate over a gradual phase out of operation in one (1) year after which the non-conforming use shall be disallowed;
3. No such non-conforming use which has ceased operation  be revived;
4. Any non-conforming structure or structures which have been damaged may not be reconstructed;
5. No such non-conforming structure may be enlarged or altered in a way which increases its non-conformity, but any structure or portion thereof  maybe altered to decrease its non-conformity;
6. No such non-conforming use may be moved to another site to displace any conforming use;
7. Should such structure be for any reason moved to whatever distance, it shall thereafter conform to the regulation of the zone to which it is moved or relocated;
8. The owner of non-conforming use shall program the phase-out and relocation of the non-conforming use within 1 year from receipt of notice from the Zoning Officer; and
9. A Cease and Desist Order shall be issued by the Board duly recommended by the Zoning Officer for projects that are contrary to the guidelines and conditions of the locational clearance.

All these are subject to the constitutional right of a person to due process.

Section 63. Zoning Fees.  The City hereby adopts the Schedule of Fees promulgated by the HLURB and any updates thereof. Any fee related to zoning shall be paid to the City Treasurer – One-Stop Business Center (OSBC) by the owners or contractors before any land development, construction, renovation, or expansion projects and business activity can begin.

Section 64. Administrative Penalties. Any applicant, proponent, proprietor, representative who commits any of the following acts shall, after due notice, be accorded a fine in accordance with the following schedule:

1. Unauthorized expansion or alteration of an activity covered by a Locational Clearance/ Certificate of Zoning Compliance …………………………………P5,000.00

The Zoning Officer shall be authorized to stop the expansion therein.

2. Committing fraud or misrepresentation in any application so stated in this

Ordinance    ………………………………………………  P5,000.00

1.   Fraud or misrepresentation as to use;
2. Fraud or misrepresentation as to location;

iii. Non-disclosure of any material fact; and

1. Submission of forged or fake documents.

This is without prejudice to the filing of criminal cases against the person  committing the above-mentioned fraudulent acts.

3. Refusing admission within any premises for inspection by a duly authorized inspector pursuant to an application.
4. For first refusal ………………………………………. Written Warning
5. For subsequent refusal……………………………. Denial of any related application
6. Failing or refusing, without justifiable reason, to appear during a proceeding before the Office of the Zoning Administrator or duly authorized officers pursuant to an application
7.   For first refusal ………………………………………. Written Warning
8. For subsequent refusal……………………………. Denial of any related application

If penalties are not specifically provided in the preceding sections, this general provision on penalties shall apply.

All other violations not provided herein in this general provision on penalties, HLURB fines and penalties shall apply.

Section 65. Responsibility for Administration and Enforcement.  This Ordinance shall be enforced and administered by the Local Chief Executive through the Zoning Officer who shall be appointed by the former in accordance with existing rules and regulations.

The Zoning Officer must meet/comply with the requirements of R.A. No. 10587 also known as the “Environmental Planning Act of 2013”.

Section 66. Complaints and Oppositions.  A complaint for violation of any provision of the zoning ordinance or of any clearance or permits issued pursuant thereto shall be filed with the Zoning Officer.

However, oppositions to applications for clearances, variances or exceptions shall be treated as complaints and dealt with in accordance with this section.

Section 67. Functions and Responsibilities of the Local Zoning Board of Appeals  (LZBA).  There is hereby created a LZBA which shall perform the following functions and responsibilities in addition to Section 43:

1. Act on applications of the following nature and on complaints and oppositions to such applications on:

1.   Variances;
2. Exceptions; and
3. Non-Conforming Uses.
4. Act on appeals on the grant or denial of locational clearance by the  Zoning Officer.

The decision of the Local Zoning Board of Appeals shall be appealable to the HLURB.

1. Revoke Locational Clearances already granted, upon recommendation by the Zoning Officer.

Section 68. Composition of the Local Zoning Board of Appeals (LZBA).  There shall be created a LZBA composed of the following:

Chairman       :           City Mayor

Co- Chair        :           City Development Coordinator

1. City Administrator
2. City Legal Officer
3. City Assessor
4. City Engineer
5. City Architect
6. City Legal Officer
7. SP Committee Chairperson on Land Use/Zoning
8. City Environment and Natural Resource Officer
9. City Disaster Risk Reduction and Management Officer
10. Secretariat
11. Two (2) representatives of the private sector chosen from the non-government and people’s organizations.
12. Academe (College of Engineering / College of Architecture); and
13. Geodetic Engineers / Environmental Groups/Historical Groups / Natural History Group.

The LZBA may invite resource persons in support of the performance of its functions.

For purposes of policy coordination, said Board shall be attached to the City Development Council.

Section 69. Interim Provision.  Until such time that the Local Zoning Board of Appeals shall have been constituted, the HLURB shall act as the LZBA.  As an appellate Board, the HLURB shall adopt its own rules of procedure to govern the conduct of appeals arising from the administration and enforcement of this Ordinance.

Section 70. Local CLUP and  Zoning Review Committee.  There shall be created another functional committee to be known as the Local CLUP and Zoning Review Committee (LCZRC) that shall review the CLUP and the Zoning Ordinance as the need arises, based on the following reasons/situations:

1. Change, revision or amendment of the CLUP;
2. Change in local conditions as a result of the implementation of development plans, programs and projects;
3. Introduction into the city of projects of national significance;
4. Petition for rezoning from a significant representation of affected property owners; and
5. Other strong and valid reasons which justify consideration.

Section 71. Composition of the Local CLUP and  Zoning Review Committee (LCZRC).  The Local CLUP and Zoning Review Committee shall be composed of local officials/civic leaders responsible for the operation, development and progress of all sectoral undertakings in the locality, to wit:

1. City Planning and Development Coordinator;
2. City Zoning Officer;
3. City Health Officer;
4. City Agriculturist;
5. President, Association of Barangay Captains;
6. City Engineer;
7. City Architect;
8. City Government Environment and Natural Resources Officer (CG-ENRO);
9. School District Supervisor;
10. Two (2) Private Sector Representatives (Local Chamber of Commerce and Housing Industry);
11. Two (2) NGO Representatives (Environmental Group/Historical Group); and
12. One member of the SP preferably the Chairman of the Committee on Land Use or its equivalent.

For purposes of policy and program coordination, the LCZRC shall be attached to the City Development Council.

Section 72. Functions of the Local CLUP and Zoning Review Committee (LCZRC).  The Local CLUP and Zoning Review Committee shall have the following powers and functions:

1. Review the CLUP and the Zoning Ordinance for the following purposes:
2. Determine amendments of revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the Comprehensive Land Use Plan;
3. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted; and
4. Identify provisions of the Ordinance which are difficult to enforce or are unworkable.
5. Recommend to the Sangguniang Panlungsod necessary legislative amendments to the CLUP and this Ordinance as a result of the review conducted.

Section 73. Reclassification. This Zoning Ordinance does not effect the reclassification of agricultural lands. Another ordinance in accordance with Section 20 of the Local Government Code of 1991 and the Memorandum Circular No. 54 of the Department of Agrarian Reforms shall be required for reclassification.

Section 74.  Amendments to the CLUP and  Zoning Ordinance.  Changes in the CLUP and the Zoning Ordinance as a result of the review by the LZRC shall be done through an amendment by the Sangguniang Panlungsod with a vote of majority of all its members. Said amendments shall take effect only after approval by the HLURB.

Section 75. Violation and Criminal Penalties.  Any person who violates any of the provisions of this Ordinance shall, upon conviction, be punished by a fine not exceeding P5,000 or by imprisonment of not exceeding six (6) months or both, at the discretion of the Court. In case of violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officers thereof.

Section 76. Suppletory Effect of Other Laws and Decrees.  The provisions of this Ordinance shall be without prejudice to the application of other laws, presidential decrees, letters of instruction and other executive or administrative orders vesting national agencies with jurisdiction over specific land areas which shall remain in force and effect, provided that land use decisions of the national agencies concerned shall be consistent with the Comprehensive Land Use Plan of Dagupan.

Section 77. Separability Clause.  Should any section or provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

Section 78. Repealing Clause.  All ordinances, rules or regulations in conflict with the provisions of this Ordinance are hereby repealed; provided that the rights that are vested upon the effectivity of this Ordinance shall not be impaired.

Section 79. Effectivity Clause.  This Ordinance shall take effect after publication and approval of HLURB.

ENACTED  BY ALL THE MEMBERS PRESENT, EXCEPT COUNCILOR JESLITO C. SEEN WHO ABSTAINED.

  ———

Sponsor:

Councilor Karlos Liberato E. Reyna IV

Co-Sponsor:

Councilor Jose Netu M. Tamayo

 

MAYBELYN ROSE DELA CRUZ-FERNANDEZ

City Vice Mayor and Presiding Officer

ATTESTED:

RYAN C. RAVANZO

City Secretary

APPROVED:

BELEN T. FERNANDEZ

City Mayor

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