2006 Ord. No.43

AMENDED GENERAL COMPREHENSIVE
ZONING ORDINANCE OF OLONGAPO CITY


TABLE OF CONTENTS



I. MINUTES OF THE SPECIAL SESSION…….………………………………. 1
AUGUST 24, 2006

II. ORDINANCE NO. 43, SERIES OF 2006 ..…………………………………….. 2

ARTICLE I – Title of the Ordinance.. .………………………………………… 2
ARTICLE II – Authority and Purpose.. ………………………………………. 2
ARTICLE III – Definitions ..……….…………………………………………… 3-9
ARTICLE IV – Zone Classifications.. …………………………………………. 9-11
ARTICLE V – General Zone Regulations …………………………………….. 11-13
ARTICLE VI – Zone Regulations ……………………………………………… 14-24
ARTICLE VII – Programmed Sites/PUD, Reservations and
Restrictions …..………………………………………………... 24
ARTICLE VIII – Environmental Management ………………………………... 25-26
ARTICLE IX – Traffic Management …………………………………………… 26-27
ARTICLE X – Innovative Technique and Special Use Permits ………………. . 28-30
ARTICLE XI – Mitigating Device ………………………………………………. 30-32
ARTICLE XII – Administration and Enforcement …………………………….. 32-35
ARTICLE XIII – Transitory Provisions ………………………………………… 35-36
ARTICLE XIV – General Provisions ……………………………………………. 36-37

III. ANNEX 1. Zoning Ordinance Boundary Descriptions of Zoned Areas
ANNEX 2. Relevant Water Code Provisions
ANNEX 3. Executive Order No. 72
ANNEX 4. Local Government Provisions on Land Use Planning and the
Environment
ANNEX 5. HLURB Board Resolution No. 783, Approving the Comprehensive
Land Use Plan and Draft Zoning Ordinance of Olongapo City






EXCERPTS FROM THE MINUTES OF THE SPECIAL SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON
AUGUST 24, 2006, AT THE CITY HALL.


PRESENT:

Hon. Rolen C. Paulino - - - - - - - - - - - - - - City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo - - - - - - - - - - - - - “ “
Hon. John Carlos G. delos Reyes - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy- - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe - - - - - - - - - - SK Federation President

ABSENT:

None.


WHEREAS, the national government has spearheaded and now assists and coordinates the activities of national and local governments in human settlements planning for major urban and urbanizing centers;

WHEREAS, the implementation of the Olongapo City Comprehensive Land Use Plan (CLUP) would require the enactment of regulatory measures to translate its planning goals and objectives into reality; and a Zoning Ordinance illustrated in geographical space by a Zoning and Land Use Map, is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan (CLUP);

WHEREAS, the Local Government Code otherwise known as RA 7160 authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws;

NOW, THEREFORE, , with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled , to enact the following Ordinance:






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ORDINANCE NO. 43
(Series of 2006)

AN ORDINANCE REVISING THE ZONING REGULATIONS FOR THE CITY OF OLONGAPO AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT THEREWITH

ARTICLE I
Title of the Ordinance


SECTION 1. Title of the Ordinance

a) This Ordinance shall be known as the “Amended General Comprehensive Zoning Ordinance of Olongapo City” and shall be referred to in short as the “Zoning Ordinance.”

b) This is a General Zoning Ordinance, which can serve as an overall guideline but must be subjected to a greater level of specificity and implemented by way of a detailed Zoning Map and the Barangay level (Barangay Development Scheme and Zoning Maps).


ARTICLE II
Authority and Purpose

SECTION 1. Authority

This Ordinance is enacted pursuant to the provisions of the New Local Government Code, RA 7160. Sections 458 a.2 (vii-ix) and 447 a.2 (vii-ix) dated 10 October 1991, “Authorizing the City/Municipality through the Sangguniang Panlungsod to adopt a Zoning Ordinance subject to the provisions of existing laws and in conformity with Executive Order No. 72, Series of 1993, mandating LGU’s to complete Comprehensive Land Use Plans (CLUPS) and enact Zoning Ordinances.

This Amended General Comprehensive Zoning Ordinance is based on the Updated Comprehensive Land Use Plan for Olongapo City adopted by the Sangguniang Panglungsod under Resolution No. 61, Series of 2001, and Resolution No. 82, Series of 2002 and on the development policies, and on Zone District plans prepared by its City Planning and Development Office, approved and passed by the HLURB Board and Chairman of HUDCC & Vice-President of the Philippines, Hon. Noli De Castro, under Resolution No. 783 dated August 22, 2005.

SECTION 2. Purpose

This Ordinance is enacted for the following purposes:

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a) To guide, control and regulate future growth and development of Olongapo City in accordance with the Comprehensive Land Use Plan, Zoning Map and the City Development Strategy;

b) To protect the character and stability of residential, commercial, institutional, tourism, forest, industrial, utility and parks/recreational and open spaces within the City of Olongapo and promote the orderly and beneficial development of the same;

c) To promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the locality;

d) To promote and protect the ability to travel and transport the daily and weekly needs of each inhabitant in an adequate distance and time;

e) To provide adequate light, air, privacy and convenience of access to property;

f) To prevent undue concentration of properties and congestion of population;

g) To regulate the location and use of buildings and lands in such a manner to obviate the danger to public safety caused by undue interference with existing or prospective traffic movements on such streets and thoroughfares, the quantity for open lots and the height of buildings, to promote a homogeneous image of the city;

h) To protect the environment (flora and fauna, water…) as a sustainable element for a healthy city and a sustainable development for future generations;

i) To provide an adequate use, identification and declaration of urban land;

j) To follow and realize the city’s vision and preview the development for the future, based on a polycentric system and the mix of different land uses to trace and commence the direction for city development;

k) To protect the characteristic features and culture of the areas (in connection with new developments) of the City of Olongapo.

ARTICLE III
Definitions

SECTION 1. Definition of Terms

When used in this Zoning Ordinance, the words, terms and phrases enumerated hereunder shall be understood to have the meaning correspondingly indicated as follows:

a) Accessory Use: A use incidental and subordinate to the principal use of the building and/or land;

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b) Additions, Alteration, Repairs: Changes in an existing building involving interior or exterior work and/or increase or decrease in the area;

c) Apartment: A room or suite of two or more rooms, designed and intended for, or occupied by one family for living, sleeping and cooking purposes;

d) Billiard Hall: A place where billiard game is held and has a maximum number of ten (10) billiard tables;
e) Boarding House: A house with several sleeping rooms where boarders are provided with lodging and meals for a fixed sum paid by the week or month;

f) Buffer Area: Yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/nuisance and for identifying and defining development areas or zones where no permanent structures are allowed;

g) Building: A constructed edifice designed to stand more or less permanently, covering a space of land, usually covered by a roof, more or less enclosed by walls and supported by columns, and serving as dwelling, factory, shelter for animals, etc;

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

i) Built-up Area: A contiguous grouping of ten (10) or more structures;

j) Building Accessory: A building, subordinate to the main building and located on the same lot, the use of which is necessary or incidental to the use and enjoyment of the main building, such as servant’s quarter, garage, etc;

k) Building Main: The principal structure wherein the prime use of the land on which it is situated is conducted or concentrated;

l) Bus Terminal: A station or designated place where public utility buses are repaired and maintained;

m) Central Business District: Shall refer to areas designated principally for trade, services and business purposes;

n) Certificate of Non-Conformance: Certificate issued to owners of all uses existing prior to the approval of the Zoning Ordinance which do not conform in a zone as per provision of the said Ordinance;

o) Compatible Use: Uses or land activities capable of existing together harmoniously e.g. residential use and parks and playground;



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p) Comprehensive Land Use Plan (CLUP): A document embodying specific proposals for guiding, regulating growth and/or development;

q) Commercial Zone (CZ): Areas primarily for trade, services, business activities and commercial uses where adequate parking is provided in direct proportion with the existing or future commercial activity within the zone;

r) Conflicting Uses: Uses or land activities with contrasting characteristics sited adjacent to each other e.g. residential units adjacent to industrial plants;

s) Conforming Use: A use that is in accordance with the zone classification as provided for in the Zoning Ordinance;

t) Cottage Industry: Any establishment or firm that conforms to the standards set forth by the National Cottage Industry Development Authority (NACIDA);

u) Dormitory: A building where many persons are provided with board and lodging facilities in common halls, for a fixed fee;

v) Dwelling: Any building or any portion thereof built or designated to be built, used, rented, leased lot or hired out to be occupied or which are occupied for living or residential purposes;

w) Dwelling, One-Family Detached: A one-family house having one party wall and two side yards;

x) Dwelling, One-Family Semi-Detached: A one-family dwelling as above defined except that it is provided with one side yard;

y) Dwelling, Two-Family, Detached: A house or structure divided into two separate and independent living quarters by a wall extending from the floor to the ceiling and provided with two side yards. Each portion is provided complete living facilities for one household;

z) Dwelling, Two-Family, Semi-Detached: A two-family dwelling as above defined except that it is provided with one side yard;

aa) Dwelling, Multi-Family: A building used as a house or residence of three (3) or more families living independently from one another, each occupying one or more rooms as a single housekeeping unit;

bb) Easement: Open space imposed on any land use/activities site along waterways, road-right-of-ways, cemeteries/memorial parks and utilities;



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cc) Environmentally Critical Areas: Areas that are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981;

dd) Family: A group of individuals related by blood or by affinity living under one roof considered as part of a single house-keeping unit;

ee) Floor Area Ratio: Is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. The total gross floor area of existing and future buildings within a city block should not exceed the prescribed floor area (FAR) multiplied by the total lot area of the city block. The FAR of any city block or zone should be based on its capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support in a given area or zone as determined by the City Planning & Development Office;

ff) Filling Station: A retail station servicing automobiles and other motor vehicles with gasoline, oil and other products of the same nature while a Gasoline Service Station offers the same activities with the addition of other services such as retail of car accessories, provision of travelers food and drinks, oil changing, engine check up and other matters to service the needs of the customers;

gg) Forest Zone (FZ): An area within the city or municipality intended primarily for forest purposes;

hh) Garage: A building or portion thereof in which motor vehicle/s is/are parked, repaired or kept;

ii) Garage, Private: A building or portion of a building in which only motor vehicles used by the tenants of the building or buildings on the premises are parked and/or kept;

jj) Gross Floor Area: The total floor space within the perimeter of the permanent external building walls excluding covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present and uncovered areas for overhead water tanks, roof decks, laundry areas, wading or swimming pools, gardens, courts or plazas;

kk) Guard House: An accessory building or structure used by a security guard on duty;

ll) Home Occupation: An occupation or business conducted within the dwelling unit;

mm) Hospital: An institution providing health service, primarily for in-patient and medical or physical care of the sick or the injured, including an integral parts thereof, such related facilities as laboratories, out-patient department, training facilities and staff offices;

nn) Hotel: A building or part thereof with rooms occupied or intended to be occupied for hire as temporary abode of individuals. It is usually provided with a general kitchen and public dining room service without provision for cooking in any individual suite or room;
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oo) Institutional Zone (GIZ): Use regulations in GIZ zone shall include government centers/ offices and its regional branches, all educational institutions offering professional, technical, masters and doctorate, academic, vocational course and training centers, hospitals and medical centers, multi-purpose clinics, convention centers and related facilities, rehabilitation centers, welfare homes, daycare centers, orphanages, museums and other related activities.

pp) Internet Café: An establishment which offers computer services and light snacks;

qq) Lot: A parcel of land where a principal building and its accessories are placed or may be placed together with the required open spaces;

rr) Lot, Depth of: The average horizontal distance between the front and the rear lot lines;

ss) Mall: A large commercial establishment offering all kinds of goods with entertainment facilities and restaurants;

tt) Mixed Use: A combination of two or more land uses within a specific zone;

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

vv) Nuisance: Anything that is offensive to the senses and morality such as condemned buildings/structures;

ww) Nursery/Day Care Center: A place where children are temporarily cared for and trained in the parent’s absence;

xx) Park: A pleasure ground with accessory facilities and amenities set for recreation of the public to promote its health and enjoyment;

yy) Park/Recreational Open Spaces Zone (PRZ): All National and Local parks, memorial, and Linear Parks along the easements/setbacks of the entire length of riverbanks, creeks and streams including the length of the Seashore and salvage zones within Tourism Conservation Zones (TCZ);

zz) Pocket Garden: A lot or parcel of lot where appropriate landscaping was introduced to create an ambiance of a small park;

aaa) Private Pet House: A building or structure for keeping domestic pets, for the enjoyment as well as protection of the resident family members;

bbb) Parking Lot: An off-street open space, principally used for parking motor vehicles whether for compensation or not, for the public clients or customers;

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ccc) Professional Office: The office of a person engaged in any occupation, vocation, or calling, not purely commercial, technical or agricultural in which a profuse knowledge or skill in some department of science or learning is used to serve the interest or welfare of others by its practical application;

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

eee) Residential Condominium: A building containing at least five or more apartment units with common areas and individual owner having exclusive ownership and possession of his apartment;

fff) Resort: A place where a natural or man-made physical attribute is present, which makes people go frequently or habitually for rest, leisure, etc;

i. Beach Resort: Swimming area along beaches with all kinds of
facilities that can be offered to tourist

ii. Inland Resort: Swimming area usually man-made located inland

ggg) Servant’s Quarter: A room within the dwelling or in an accessory building where servants, maids, or helpers of the family are housed;

hhh) Service Station: A building and its premises where gasoline, oil, batteries, tires and car accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered among others:

hhh.1. Sale and servicing of spark plugs, tire, not including recapping and re-grooming;

hhh.2. Washing and polishing and sale of automotive washing and polishing materials, greasing and lubrication;

hhh.3. Provision of road maps and other informational materials to customers; provision of rest room facilities;
hhh.4 Provision for travelers foods, soft drinks, water and other matter to service the needs of the customer;

iii) Shopping Center: A group of not less than 15 continuous retail stores, originally planned and developed as a single unit, with immediate adjoining off-street parking facilities designed to serve the needs of the local community;

jjj) Store; A building or structure devoted exclusively to the retail sale of a commodity or commodities;




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kkk) Supermarket: A large self service food and household goods store, the articles being arranged in open shelf display;

lll) Theater: A structure used for dramatic, operatic motion picture and other performances for admission to which entrance fee or money is received but audience participation and meal service are not allowed;

mmm) Tourist Inn or Pension House: Any building or structure regularly catering to tourists and travellers, containing several independent rooms, providing common facilities such as toilets, bathrooms, living and dining rooms and kitchen, and where a combination of board and lodging may be provided;

nnn) Videoke Place: A place or building or portion thereof, where customers are provided meals with payment where it is allowed to attach a device to a television set that can record and play songs with video so that customers may sing along with it;

ooo) Warehouse: Any building, the primary purpose of which is the storage of goods, wares, merchandise, utilities and/or other personal belongings;

ppp) Water Zone (WZ): All bodies of water including Subic Bay, rivers and creeks within the territorial jurisdiction of Olongapo City;

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

rrr) Zone: District into which the community is divided or zoned where specific regulations are applicable according to allowable land uses in each zone.


ARTICLE IV
Zone Classifications

SECTION 1. Zone Divisions

To effectively carry out the provisions of this Zoning Ordinance, the City is hereby divided into residential, commercial, institutional, parks and open space, forest, light industrial, utility, water zone, tourism, planned-unit development, and in some areas, mixed-use of some of the abovementioned classifications.

SECTION 2. Zoning Map

There shall be adopted as an integral part of this Ordinance, an official zoning map duly prepared by the City Planning and Development Office in accordance with the pertinent provisions hereof drawn zoning map in the scale of 1:10,000 signed by the Mayor and which
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should bear the seal of the City and should be attached and displayed together with the Ordinance.

In the near future there should also exist for each Barangay a Barangay Development Scheme and Zoning Map in the scale of 1:5,000 (see Article I, 1b).

SECTION 3. Zone Boundaries

The locations and boundaries of the areas subject to zone classifications are described at the attached appendix, “Written Description of Zone Boundaries.”


SECTION 4. Interpretation of Zone Boundaries

In the interpretation of the boundaries for any of the zones shown on the zoning map, the following rules shall be applied:


a) Where zone boundaries are so indicated that they approximately follow the center of streets or highways, street lines or highway right-of-way lines shall be construed to be the boundaries;

b) Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries;

c) Where zone boundaries are so indicated that they are approximately parallel to the center line or street lines of streets, or the center lines of right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated in the zoning map. If no distance is given such dimension shall be determined by the use of the scale shown in said zoning map;

d) When the boundary of a district follows a river, stream or the shoreline of lake, said boundary line shall be deemed to be at the limit of the political jurisdiction of the community, if it be located thereat, otherwise, the boundary shall be construed as being located at the bank of shore of the stream, lake or river. Boundaries indicated as parallel to, or extension of indicated features not specifically indicated in the zoning map shall be determined by the scale of the map where a boundary line divides a lot or crosses unsubdivided property, the location of such boundary shall be as indicated in the zoning map using the scale appearing on such maps;

e) Where a lot of one ownership, as of records at the effective date of this Ordinance, is divided by a district boundary line, it shall fall in the district where the principal use falls;



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f) Where the district boundary is indicated as one-lot-deep, said depth shall be construed to be the average lot depth of the lots involved within each particular city block. Where, however, any lot has a depth greater than said average, the remaining portion of said lot shall be construed as covered by the one-lot-deep zoning district if the remaining portion has an area line of more than fifty (50%) percent of the total area of the entire lot. If the remaining portion has an area equivalent to fifty (50%) percent 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.

In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be classified under the less restrictive zone.


ARTICLE V
General Zone Regulations

SECTION 1. Generals

a) All streets have to be provided with adequate illumination and drainage system;

b) All infrastructures, like for power supply, water supply, sewage and effluent re-circulation, telecommunication, etc. have to be laid in the soil/ground;

c) The public space is to be used in an adequate way, e.g. providing sidewalks, rest and recreation possibilities along river banks;

d) All new public constructions, conversions, rehabilitating activities entrances and access ways should be constructed in a way suitable and accessible for the handicapped (for wheelchairs, blind people…).


SECTION 2. Height Regulations

Building height must conform to the restrictions and requirements of the Air Transportation Office (ATO) as well as the requirements of the National Building Code (NBC), the Structural Code as well as all laws, ordinances, design standards, rules and regulations related to land development and building construction, various safety codes as follows:

a. Residential Zones (RZ)

a.1 Low Density Residential Zones (R-1) – In R-1 zone, no building or structure for human occupancy whether public or private shall be higher than ten (10) meters above highest natural grade line in the property or front sidewalk (main entry) level; low rise dwellings are up to three storeys;

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a.2 Medium Density Residential Zones (R-2) – In R-2 zone, no building or structure for human occupancy whether public or private shall be higher than twenty-one (21) meters above highest natural grade line in the property or front sidewalk (main entry) level; mid-rise dwellings are four to seven storeys;

a.3 High Density Residential Zones (R-3) – In R-3 zone, high rise dwelling units of eight or more storeys, are allowed provided the zone’s prescribed Floor Area Ratio (FAR) is complied with. The FAR of an R-3 zone shall be based on the planned density of development intended for the zone.

b. All other zones

There is no fixed building height limit except those prescribed by the ATO and other government regulations. Within these zones, building heights shall be based on the prescribed FAR.

SECTION 3. Exemptions from Height Regulation in Residential Zones

Exempted from the imposition of height regulations in residential zones are the following: churches, steeples, water tanks and other utilities and such other structures not covered by the height regulations of the NBC and/or the ATO.

SECTION 4. General Area Regulations and National Codes

Area regulation in all zones shall conform to the minimum requirements of the existing National codes such as:

a. P.D. 957 – the “ Subdivision and Condominium Buyers’ Protective Law” and its revised implementing rules and regulations;

b. B.P. 220 – “Promulgation of Different Levels of Standards and Technical Requirements for Economic and Socialized Housing Projects” and its revised implementing rules and regulations;

c. P.D.1096 - National Building Code and its IRR;

d. Architectural Code;

e. Fire Code;

f. Sanitation Code;

g. Plumbing Code;



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h. Structural Code;

i. Accessibility Code; (Handicapped) B.P. 344;

j. Other relevant guidelines promulgated by the national agencies and Professional Boards concerned.

SECTION 5. Road Setback Regulations

The following road setback regulations shall be applied:

ROAD SETBACK

ZONING CLASSIFICATION
MAJOR
THOROUGHFARE
Width 30m. & ABOVE
SECONDARY
ROAD
TERTIARY
ROAD
Width 6m. & BELOW

National Road
Provincial Road
City/Brgy. Road
Residential
10 m.
10 m.
3 m.
Commercial
20 m.
15 m.
7 m.
Industrial
30 m.
25 m.
10 m.
Institutional
20 m.
20 m.
10 m.
Parks & Recreation
10 m.
10 m.
3 m.
Forest
30 m.
25 m.
10 m.



SECTION 6. Regulations on Idle Lands and Lands with Structures that are Classified as Nuisance.

Owners of lands which remain idle or only have structures classified as nuisance or dangerous such as condemned buildings or portions of the building for a period of one (1) year from the enactment of this Ordinance shall be notified and required to develop their lots into productive use within one (1) year from the issuance of such notice by the City Planning and Development Office for idle lands and the City Engineer’s Office for nuisance or condemned buildings. Lands which have not been developed by the owners for a continuous period of five (5) years since the 2002 adoption of the Comprehensive Land Use Plan of the City Resolution No. 82, Series of 2002 shall be assessed idle land taxes and after three notices issued, be used and developed by the city as temporary pocket gardens, if owners are abroad, not responding to notices or summons.




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ARTICLE VI
Zone Regulations

SECTION 1. General Provisions

The uses enumerated in the succeeding sections are not exhaustive nor all-inclusive. The Zoning Administrator shall, subject to the requirements of this Article, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed.

Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic potential of the locality with due regard to the maintenance of the essential qualities of the zone.

The zone regulations will be specified in the Barangay Development Schemes and Barangay Zoning Maps.

SECTION 2. Use Regulations in Residential-1 (R-1) Zone, R-1 Zone
(Low Density)

An R-1 zone district shall be used principally for residential purposes so as to maintain the peace and quiet of the area within the zone. The following are the allowable uses:

a. One detached family dwelling;
b. One semi-detached family dwelling;
c. Two detached family dwelling;
d. Two semi-detached family dwelling;
e. Customary accessory uses like:

e.1 Servant quarters;
e.2 Private garage;
e.3 Guardhouse;
e4 Garden/lawn;
e5 Mini playground

f. Recreational facilities for the members of the family residing within the premises like:

f.1 Swimming Pool;
f.2 Mini – Golf Course;
f.3 Pelota Court;
f.4 Tennis Court;
f.5 Basketball Court;
f.6 Pingpong Court;
f.7 Badminton Court;
f.8 Volleyball Court.

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g. Parks and open spaces;
h. Home occupation for the practice of one’s profession or for engaging in house business that will cater only to daily needs such as dressmaking, tailoring, baking, running a sari-sari store, out-patient clinic, water filling station and the like, provided that:

h.1 Only members of the family residing within the premises shall be engaged in such home occupation;
h.2 Use of dwelling unit for home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and for the conduct of the home occupation, not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used;
h.3 That there shall be no changes in the outside appearance of the building premises and should not be conducted in the accessory buildings and with no big signboard;
h.4 That 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 met off-the-street and in a place other than in a required front yard;
h.5 No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses from the lot.

i. All other permitted uses by the HLURB Zoning Compatibility Matrix e.g., chapels, neighborhood centers, pre-school, barangay hall, etc; are available at the City Planning and Development Office.


SECTION 3. Use Regulations in Residential-2 (R-2) Zone, R-2 Zone (Medium Density)

An R-Z Zone shall be for residential purposes of medium density:

a. All uses allowed in R-1 Zone;
b. Multi-family dwelling with not more than 5 families residing;
c. Boarding houses accommodating not more than (10) persons;
d. Apartment of not more than five (5) doors;
e. Nurseries and daycare centers;
f. Branch libraries and museums;
g. Drugstores and filling stations;
h. Clinic nursing and convalescing homes of not more than ten (10) beds;
i. Parks and other playgrounds for the community;
j. Chapels and other places of worship;
k. Fastfood, canteen and coffee shop;

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l. Commercial activities to move daily, medium term needs, also small businesses like little pubs, coffee shops, etc. to promote the Plaza-System.

SECTION 4. Use Regulations in Residential-3 (R-3) Zone, R-3 Zone (High Density)

An R-3 zone shall be for residential purposes of high density i.e. 66 or more dwelling units per hectare. The following uses are allowed therein:

a. All uses allowed in R-1 and R-2;
b. Multi-family dwellings;
c. Residential Condominium;
d. Hotel business (pension house, hometels, hotel apartments or apartelles);
e. Apartment of more than five (5) doors;
f. Dormitories, boarding houses of more than ten (10) persons;
g. Libraries and museums;
h. Hospitals, clinics, nursing or convalescing homes with more than ten (10) beds;
i. Club houses and lodges;
j. Gasoline service station provided that it is along the main road subject to the requirements relative thereto;
k. Water filling station;
l. Parking lots/building;
m. Drugstores.

SECTION 5. Use Regulations in Commercial (C-1) Zone, C-1 Zone (Minor)

A C-1 zone shall be principally for trade, services, and business activities of minor commercial uses where adequate space for parking is provided such as the following:

a. Offices like:

1. Office building;
2. Office condominium.

b. General retail stores and shops like:

1. Department store/shopping center;
2. Bookstore and office supplies;
3. Car shop/display store; car wash/rental (adequate space for at least four (4) vehicles is provided)
4. Home appliances store;
5. Photo shops;
6. Flower shops;
7. Jewelry shops.

c. Food Markets/shops:

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1. Bakeries and bakeshops;
2. Wine store;
3. Grocery;
4. Supermarket;
5. General Merchandise.

d. Personal Services Shops:

1. Beauty parlors and barber shops;
2. Dressmaking and Tailoring shops;
3. Spas.

e. Restaurant and other eateries;
f. Recreational centers/establishments provided that they shall not be located within twenty (20) meters from any institutional structure:

1. Moviehouse/Theater;
2. Playcourt (tennis, bowling, billiard);
3. Swimming Pool;
4. Day and Night Club;
5. Stadium, coliseum, gymnasium;
6. Other sports and recreational establishments;
7. Computer/Internet Gaming.

g. Short Term Special Education Centers:

1. Dancing school;
2. School for self-defense;
3. Driving school;
4. Speech clinic;
5. Vocational school/technical school;
6. Diving and sailing center.

h. Parking lot and parking buildings;
i. Gas station with service bays of motor vehicle and other accessory needs;
j. Storeroom and warehouse as may be necessary for the efficient conduct of the business;
k. Commercial Housing like:

1. Hotel;
2. Apartment;
3. Apartelle;
4. Boarding Houses;
5. Dormitory;
6. Pension House;
7. Clubhouse.

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l. Computer shop and services (sales, repair, recreation);
m. Internet café;
n. Others:

1. Commercial condominium (with residential units in upper floors);
2. Library, museum;
3. Clinics (dental, medical, optometric, EENT);
4. Convention center and related facilities;
5. Courier service;
6. Security agency;
7. Janitorial service;
8. Banks and other financial institutions;
9. Radio and television stations;
10. Commercial job printing;
11. Typing, photo and engraving services;
12. Repair shops:

i. Optical instruments and equipment;
ii. Cameras;
iii.Clocks and watches.

13. Manufacture of insignia, badges and similar emblems except metal;
14. Transportation terminal/garage including provincial logistic terminals provided pollution control devices are present;
15. Plant nurseries;
16. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities;

SECTION 6. Use Regulations in Commercial (C-2) Zone, C-2 Zone (Major)

A C-2 zone shall be for quasi-trade, business activities and service industries performing complimentary/supplementary functions to principally Commercial Zone. Within C-2 zone the following uses are allowed provided adequate space for at least four (4) vehicles is observed:

1. All uses in C-1 may be allowed in C-2;
2. Repair shops:
a. House appliances;
b. Motor vehicles and accessories;
c. Home furnishing shops;
3. Transportation terminal/garage with repair provided pollution control devices are present;
4. Publishing and printing activities;
5. Medium scaled junk shop;
6. Machinery display shop/center;
7. Gravel and sand;

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8. Lumber/hardware;
9. Manufacture of ice, ice blocks, cubes, tubes, crushed except dry ice;
10. Manufacture of signs and advertising displays (except printed);
11. Welding shops, iron works (with special conditions);
12. Machine shop service operation (repairing/rebuilding, or custom job orders) with adequate space for at least four (4) vehicles;
13. Lechon or whole pig roasting;
14. Biscuit factory – manufacture of biscuits, cookies, crackers, and other similar dried bakery products;
15. Doughnut, hopia, and puto factory;
16. Other bakery products not elsewhere classified;
17. Repacking of food products e.g. fruits, vegetables, sugar, and other related products;
18. Funeral parlors, mortuaries, and crematory services and memorial chapels (with special conditions);
19. Parking lots, garage facilities;
20. Agora complex;
21. Manufacture and repair of jewelry and other related articles of precious metals such as:

a. Silverware and plated ware;
b. Goldsmithing and goldplating;
c. Fancy jewelries made of corals and other articrafts;

22. Other commercial activities not elsewhere classified.


SECTION 7. Use Regulations in Commercial (C-3) Zone, C-3 Zone (High Density)

An area intended for regional shopping centers such as large malls and other commercial activities which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation. High rise hotels, sports stadium or sports complexes are also allowable in this zone.

SECTION 8. Use Regulations in General Institutional Zone (GIZ)

Use regulations in GIZ zone shall include government centers/offices and its regional branches, all educational institutions offering professional, technical, masters and doctorate, academic, vocational course and training centers, hospitals and medical centers, multi-purpose clinics, convention centers and related facilities, rehabilitation centers, welfare homes, daycare centers, orphanages, museums and other related activities.






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SECTION 9. Use Regulations in Parks/Recreation and Open Spaces (PR-Z) Zone

Use regulations in parks and open spaces shall include open air outdoor/indoor sport and recreation activities and its support facilities and structures and/or building designed for such purpose, which may include the following:

a. Open air or outdoor low rise stadiums, gyms and ampitheaters, ball courts, race tracks and similar uses;
b. Golf courses, ball courts, race tracks and similar uses;
c. Memorials, monuments, shrines, kiosks and other park structure, like public restrooms;
d. Pocket garden and related structure;
e. Indoor recreational activities;
f. Sports club.

SECTION 10. Use Regulations in Light Industrial Zone (IZ)

An I-1 zone shall be for light non-pollutive/non-hazardous and non-pollutive/hazardous manufacturing/processing establishments. Use regulations in I-1 zone shall include the following:

a. Non-Pollutive/Non-Hazardous Industries:

1. Drying fish;
2. Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried bakery products;
3. Doughnut and hopia factory;
4. Manufacture of macaroni, spaghetti and vermicelli and other noodles;
5. Other bakery products not elsewhere classified (n.e.c);
6. Life belts factory;
7. Manufacture of luggage, handbags, wallets, and small leather goods;
8. Manufacture of miscellaneous products of leather and leather substitutes and n.e.c;
9. Manufacture of shoes except rubber, plastic and wood;
10. Manufacture of slipper and sandal except rubber and plastic;
11. Manufacture of footwear parts except rubber and plastic;
12. Printing, publishing, and allied industries and those n.e.c;
13. Manufacture or assembly of typewriters, cash registers, weighing, duplicating, and accounting machines;
14. Manufacture or assembly of electronic data processing machinery and accessories;
15. Renovation and repair of office machinery;
16. Manufacture or assembly of miscellaneous office machines and those n.e.c;
17. Manufacture of rowboats, bancas, sailboats;
18. Manufacture of animal drawn vehicles;
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19. Manufacture of children vehicles and baby carriages;
20. Manufacture of laboratory and scientific instruments, barometers, chemical balance, etc;
21. Manufacture of measuring and controlling equipment, plumb bomb, rain gauge, taxi meter, thermometer, etc;
22. Manufacture or assembly of surgical, medical, dental equipment and medical furniture;
23. Quick freezing and cold packaging for fish and other seafoods;
24. Quick freezing and cold packaging for fruits and vegetables;
25. Popcorn/rice factory;
26. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing, sanitary napkins, surgical gauge, etc;
27. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle supports, arch support, artificial limbs, kneecap supporters, etc);
28. Manufacture of photographic equipment and accessories;
29. Manufacture or assembly of optical instruments;
30. Manufacture of eyeglasses and spectacles;
31. Manufacture of optical lenses;
32. Manufacture of watches and clocks;
33. Manufacture of pianos;
34. Manufacture of string instruments;
35. Manufacture of wind and percussion instruments;
36. Manufacture or assembly of electronic organs;
37. Manufacture of sporting gloves and mitts;
38. Manufacture of sporting balls (not of rubber or plastic);
39. Manufacture of gym and playground equipment;
40. Manufacture of sporting tables (billiards, pingpong, pool);
41. Manufacture of other sporting and athletic goods, and n.e.c;
42. Manufacture of toys and dolls except rubber and mold plastic;
43. Manufacture of pens, pencils, and other office and artist materials;
44. Manufacture of umbrella and canes;
45. Manufacture of buttons except plastic;
46. Manufacture of brooms, brushes, and fans;
47. Manufacture of needles, pens, fasteners, and zippers;
48. Manufacture of insignia, badges, and similar emblems (except metal);
49. Manufacture of signs and advertising displays (except printed);
50. Small-scale manufacture of ice cream.

b. Non-Pollutive/Hazardous Industries:

1. Manufacture of house furnishing;
2. Textile bag factories;
3. Canvass bags and other canvass products factory;
4. Jute bag factory;


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5. Manufacture of miscellaneous textile goods, embroideries, and weaving apparel;
6. Manufacture of fiber batting, padding, and upholstery filling except choir;
7. Men’s and boys’ garment factory;
8. Women’s, girls’ and ladies’ garment factory;
9. Manufacture of hats, gloves, handkerchiefs, neck ware, and related clothing accessories;
10. Manufacture of raincoats and waterproof outer garments except jackets;
11. Manufacture of miscellaneous wearing apparel except footwear and those n.e.c;
12. Manufacture of miscellaneous fabricated mill work and those n.e.c;
13. Manufacture of wooden and cane containers;
14. Sawali, nipa, and split cane factory;
15. Manufacture of bamboo, rattan, and other cane baskets and wares;
16. Manufacture of cork products;
17. Manufacture of wooden shoes, shoe lace, and other similar products;
18. Manufacture of miscellaneous wood products and those n.e.c;
19. Manufacture of miscellaneous furniture and fixture except primarily of metals and those n.e.c;
20. Manufacture of paper stationery, envelopes and related articles;
21. Manufacture of dry ice;
22. Repacking of industrial products e.g. paints, varnishes, and other related products

Regulations:

1. Only companies which have an Environmental Compliance Certificate shall be allowed (see Section 3, Article VIII of this Ordinance);

2. A 50 meter buffer zone should exist between industrial and residential areas;

3. A 150 meter buffer zone should exist between industrial and parks and open spaces;

4. All constructions shall conform with Section 4, Article V of this Ordinance)

SECTION 11. Use Regulations in Forest (FZ) Zone

Use regulations in forest shall include forest areas, watersheds, national parks, mini-parks, all existing animal dwelling therein and recreational areas along national roads and other related matters subject to the rules and regulations of the Department of Environment and Natural Resources (DENR). Leisure activities like hiking, biking, etc are allowed on forest parks.


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SECTION 12. Use Regulations in Tourism Conservation-1 (TCZ-1) Zone

A TZ-1 zone shall be limited to beach resorts only with no structures of permanent materials will be put up. Only water-oriented recreational activities such as swimming, surfing, scuba diving and snorkeling shall be allowed.

SECTION 13. Tourism Conservation-2 (TCZ-2) Zone

Use regulations in this Tourism Conservation Zone include resorts, pension house and hotels, lodges and clubhouses, vacation houses and play courts:

a. The tourism areas have to offer infrastructures and facilities for the expected quantity of local and supra-local tourist, this includes:

- beach facilities;
- parking;
- public transport access.

b. Commercial activities with reference to tourism are allowed subject to Zoning Certification

c. Industry is strictly prohibited.

SECTION 14. Freeport (SBFZ) Zone, (SBFZ)

Use regulations in the freeport zone are those as stated in R.A. 7227 otherwise known as “An Act Accelerating the Conversion of Military Reservations into other Productive Uses, Creating The Bases Conversion and Development Authority for this purpose, providing funds therefore and for other purposes”.

SECTION 15. IRAM-Ressettlement Area (IRAM-RA) Zone, (IRAM-RAZ)

All uses allowed in R-1 zone will be allowed in the existing 30 hectares residential site. The remaining 70 hectares will be used for future R-1 residential expansion subject to the CLUP (Comprehensive Land Use Plan) and Zoning Map boundaries and recommendations, but present use shall be for Tree Farm Lease, Stewardship and residential uses of indigenous and long term occupants recognized and accredited by the City of Olongapo. Allowable uses maybe for growing of staple crops, diversified plants and trees and backyard poultry and hog raising, i.e., maximum of one hundred birds and two sows, respectively.

SECTION 16. Water Zone (WZ)

Use regulations in Water Zone include but not limited to fishing, boating, and other water oriented, recreation or sports. Construction/Installation of any structure is prohibited except floating restaurants or floating diving/jetski platforms, boat docks and jettys.

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SECTION 17. Planned Unit Development (PUD)

All uses allowed in R-2, C-2, TCZ may be allowed subject to declaration as a programmed site and comprehensive master planning of squatter areas and non-conforming uses.

SECTION 18. Parks/Recreational Open Spaces Zone (PRZ)

All National and Local parks, Memorial and Linear Parks along the easements/setbacks of the entire length of river banks, creeks and streams also the length of the seashores and salvage zones within Tourism Conservation Zones (TCZ).


ARTICLE VII
Programmed Sites/PUD, Reservations and Restrictions

SECTION 1. Programmed Sites

Each of the above mentioned zones including Water Zone (WZ) could be also declared as programmed site for Planned Unit Developments (PUD). The declaration of an area as programmed site means that the previewed land use is possible but should at present not be realized directly i.e. areas or lands not yet Alienable and Disposable (A&D). These areas have a function as a reserved site for a special or urgent need and should help the city to act in these cases with urgency.

PUDS could also be a land development scheme wherein project sites can be comprehensively planned as an entity via unitary site plan or Master Plan by the city which permits flexibility in planning/design, building siting, complementarily of building types and land uses, usable open spaces and the preservation of significant natural land features. Uses allowed by the Zoning Administrator may be adopted.

SECTION 2. Traffic Generators

All traffic-generating buildings and structures allowed in any of the districts must provide for adequate parking spaces for their employers, clients and visitors as per standards stipulated in the NBC (National Building Code and its IRR).

SECTION 3. Construction, Advertising and Business Signs and Streamers

No construction, advertising and business signs and streamers shall be put up for public view in any district or zone without first obtaining locational compliance clearance/permit from the Office of the Zoning Administrator as per guidelines of the NBC and permit issued by the Mayor’s Office.




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ARTICLE VIII
Environmental Management

SECTION 1. Performance Standards in all Zones

All land uses, development or construction, shall conform to the required performance standards for noise and vibrations, smoke, dust, dirt and fly ash, odors and gases, glare and heat:

a. All noise and vibration-producing machinery shall be enclosed by a building and shall be provided with effective noise-absorbing device. For open yard, an area of not more than fifty (50) meters but not less than thirty (30) meters from the immediate adjoining property shall be provided as buffer zone which shall be planted adequately with trees if the area is near forest zone, a buffer of 50-70 meters must be observed;

b. Smoke emitted from any source for a period aggregating seven (7) minutes within thirty (30) minutes particularly starting a new fire, shall have a density not greater than No. 2 of the Ringlemann Chart;

c. Odors and gases emitting foul odor and gases dangerous to public health, safety and general welfare shall be enclosed by air tight building provided with system and devices such as air conditioning unit, filter-deodorant and other air cleaning equipment or device;

d. Dust, dirt and fly ash shall not be allowed to exceed 0.30 grams per cubic meter of blue gas at stock temperature of zero centigrade (C) not to create a haze with opaqueness equivalent to or greater than No. 1 of the Ringlemann Chart;

e. Glare and heat from any operation or activity shall not be allowed to be radiated, seen or felt from any point beyond the limits of the property as stipulated in the ECC (Environmental Clearance Certificate).

SECTION 2. Environmental Impact Assessment (EIA) and Environmental Impact Statement (EIS)

Applicants for projects of vital, economic or environmental significance shall be required to prepare an environmental impact statement (EIS) for small to medium scale projects and Environmental Impact Assessment (EIA) for large/expansive projects, for submission to and approval by the Department of Environment and Natural Resources (DENR), Environmental Management Board (EMB).

SECTION 3. Pollution Control Certificate

All applicants for locational clearance/zoning compliance of manufacturing industries shall obtain an Environmental Compliance Certificate from DENR, after submitting the required EIS/EIA.

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SECTION 4. Buffer Strips/Easements along Water Zones (WZ) declared as Linear Parks (PRZ)

In the utilization, exploitation, development, conservation and protection of water resources, the following setbacks/easements along the entire length of the bank of rivers and streams, shores of sea and lakes shall be observed as required for Water Zones (WZ):

a. Three (3) meters setback from the highest waterline for all old urban uses and ten (10) meters for the new urban areas;
b. Twenty (20) meters easement from the highest waterline for all salvage zone areas;
c. Forty (40) meters easement for all forest uses.

The above setbacks/easement shall be for public use such as for recreation, navigation, linear parks, frontage, fishing, salvage and other similar activities and shall be declared as Parks/ Recreational Open Spaces Zone (PRZ).
SECTION 5. Cultivation/Utilization of River Beds
No cultivation/utilization of river beds such as planting of rice and the like during summer, commercial disposal of desilting material, and small-scale commercial and construction use of river aggregates and silt, shall be made without prior clearance from the City Treasurer’s Office, Zoning Administrator, Business Permit Office, and the approval if needed, of the cognizant National Government authority.


ARTICLE IX
Traffic Management

SECTION 1. General

That traffic must consider and take into account the demand of mobility of the citizens and not impede it. The traffic must be guided in such a manner that it reduces the following:

a) Quantity as well as the length and duration of traffic;
b) Traffic jams;
c) Traffic interruptions and obstructions to a minimum;
d) Noise and pollution.

It should also:

a. Provide good traffic flow;
b. Support the public transport system and make it possible that it can compete with costumers’ orientation;
c. Divide the traffic among the main streets of the city;
d. Do not present a threat for other road users (this includes pedestrians)

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SECTION 2. Guiding of the Traffic

Guiding of the traffic should be ensured through:

a. Guiding by signs:

- No advertisements should disturb the view of the street signs;
- The signs must be clear and unmistakable, international in size, shape, sign and color;
- The position of the signs has to follow the National Building Code in terms of vertical and horizontal clearances.

1. Street signs (follow the national system and international specifications);
2. Traffic and stop lights (follow the national system and international specifications);
3. Distinguishing by color (like lane markings):

- lane marking
- parking box marking
- parking area marking (for cars, buses, jeepneys…)
- loading and unloading areas
- zebra crossing
- street crossing in combination with traffic lights
- special areas

b. Guiding by persons:

Where no street and electric/automatic traffic signs exist, but the traffic must be guided, it should be done personally by an authorized person, who has a clear traffic perception and certified as such.

e) Rotundas

The rotunda system has to be combined with an adequate sign system or lane marking.


SECTION 3. Management and Penalties

The Local Traffic Management Board and members of the Philippine National Police shall oversee and control the traffic situation in the city. Penalties will be based on existing national laws or city ordinances.





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ARTICLE X
Innovative Technique and Special Use Permits

SECTION 1. Innovative Techniques or Designs (i.e. Inventory Assessment Permit – IAP) Ordinance No. 63, Series 2005

Whenever it is impracticable to apply the requirements of this Ordinance to certain developments like areas not yet A & D etc., the Zoning Administrator may, on grounds of innovative development techniques, grant a special development permit for the purpose, provided the following conditions are complied with:

a. That the proposed land use shall not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, and the dominant land use of the zone;
b. That preliminary and final development plans must be submitted for review by the City Planning and Development Office and approved by the Sangguniang Panlungsod.

b.1 Preliminary plan must generally set forth any existing or proposed arrangements of lots, streets, access points, buffer strips and rail, water,
highway or other transportation arrangement and the relationship of the tract of land involved to surrounding properties;
b.2 The final plan must, in addition to the above cited requirements, describe the noise, smoke, odor, vibration, dust, dirt, noxious gases, glare and heat, fire hazards, industrial waste and traffic which may be produced by the development.

c. That the area subject of the application is a consolidated parcel of land like Preliminary Mapping Data (PMDS), Land Classification Parcels (LC), TS-308 (Townsite), Surveyed, Alienable and Disposable (A&D) and consolidated Non-A & D, in the territorial boundary of the City of Olongapo.

SECTION 2. Special Use/Permit

A special use/permit shall be required for the following uses:

a. Public/Government Operated Dumping Sites

a.1 Adequate fencing shall be put to prevent undue scattering of wastes;

a.2 Poisoning of rats and spraying of insecticides and the general maintenance of the dumping site must be regularly done;

a.3 All other existing regulations.

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b. Cemeteries/Memorial Parks

b.1 Newly identified cemetery shall be located outside of and within a reasonable distance from residential zones. A minimum distance of fifty (50) meters for the existing areas and one hundred (100) meters for the newly identified areas from the nearest dwelling unit shall be observed;

b.2 An Environmental Compliance Certificate must be secured;

b.3 All other existing regulations.

c. Radio Transmitting or Cellsite/Radio Frequency/Power Line Stations

c.1 It shall be zoning certified within a commercial, residential or forest zone;
c.2 That the applicant shall have the exclusive responsibility to maintain such station and proper taxes paid to the city government as assessed by the City Assessor and Treasurer.

d. Private Landing Strips, Runways, Heliports and Helipads

It shall conform with the requirements of the cognizant National Government Office, specifically the Air Transportation Office (ATO) and the National Building Code (NBC).
e. Gasoline Filling Stations

e.1 It shall be located beyond a reasonable distance from schools, churches, hospitals and other gasoline filling stations;
e.2 It shall not constitute a safety hazard in a community developed entirely for residential purposes.

f. Open Storage

f.1 It shall be located beyond a reasonable distance from schools, churches, hospitals and other similar buildings, preferably one hundred (100) meters away or more;
f.2 Its proper maintenance shall be the responsibility of the applicant.

g. Cockpits

g.1 It shall be located at least fifty (50) meters away from the nearest residence, commercial and/or institutional structure with adequate mitigation/provision for noise pollution;
g.2 It shall be located at least twenty (20) meters away from its entry point from the National Highway;


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g.3 It shall provide adequate parking space;
g.4 It shall comply with sanitary regulations by providing adequate comfort rooms;
g.5 It shall provide a buffer strip of at least ten (10) meters planted to trees and/or hedges;
g.6 Structure shall be equipped to arrest noise;
g.7 All other existing regulations.

h. Telecommunication Towers/Cellsites

Structure shall be subject to National Telecommunication Commission (NTC) and Air Transportation Offices’ (ATO) rules and regulations, and may be required a EIS or EIZ application for ECC for certain zones by the Zoning Administrator.

i. Urban Built-Up Residential Areas (Existing) in not yet A&D Areas

Structures shall be subject to Inventory Assessment Permit (IAP) (Ordinance No. 63, Series 2005), Locational Clearance, and/or Zoning Certification, subject also to annual Beneficial User Permit Fees (Ordinance No. 52, Series 2005).


ARTICLE XI
Mitigating Device

SECTION 1. Existing Non-Conforming Uses to any Building/Structure

The allowable existing non-conforming uses of any building, structure of land at the time of the adoption or amendment of this Ordinance shall be allowed to continue, although such uses may be non-conforming with the zone classification of the area, the same may be allowed to continue, provided:

a. That application and payment for Certificate of Non-Conformance be paid within 3 months to the City;
b. That no existing non-conforming use shall be enlarged, increased and/or extended for an additional area to occupy a greater area of land than what is presently occupied;
c. That no non-conforming use which has ceased operation for more than one (1) year shall be revived;
d. That no non-conforming use/structure and/or non-conforming uses under one ownership after having been damaged by fire, flood, explosion, earthquake, war, riot or other force majure shall be allowed to be reconstructed when the damage does not exceed fifty (50) percent of the assessed value of the structure and/or structures and/or improvements;
e. That no non-conforming uses shall be altered or repaired beyond twenty (20) percent of assessed value;
f. That no non-conforming use shall be changed to another non-conforming use;


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g. That no non-conforming use/building/structure shall be enlarged, altered, extended in a manner to increase its non-conformity.

SECTION 2. Certificate of Non-Conformance

A certificate of non-conformance for listing non-conformity uses shall be applied for by owner/representatives/agent of the subject building and structures/property within three (3) months from the approval of the Ordinance.

SECTION 3. Deviations, Exceptions and Variances

Deviations, exceptions and variances from the provisions of this Ordinance maybe allowed by the Zoning Administrator only when the following terms and conditions are obtained:

a. Variances

a.1 When the property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner cannot obtain a reasonable return on the property;
a.2 Conforming to the provision of the Ordinance will cause undue hardship on the part of the owner or occupant of the property;
a.3 The hardship is not self-created i.e. areas not yet A & D declared by DENR;
a.4 The proposed variance is the minimum deviation necessary to permit a reasonable use of the property;
a.5 The variance shall not alter the essential character of the district or zone where the property for which the variance is sought is located, and shall not substantially or permanently injure the use of other property in the same district or zone;
a.6 That the variance shall not weaken the general purpose of the Ordinance and will not adversely affect the public health, safety or welfare;
a.7 That the variance shall be in harmony with the spirit of this Ordinance.

b. Exceptions

b.1 The exception shall not adversely affect the public health, safety and welfare and in keeping with the general pattern of development in the community;
b.2 The exception shall not adversely affect the appropriate use of either property in the same district;
b.3 The exception shall not alter the essential character of the district where the exception sought is located, and shall be in harmony with the general purpose of the Ordinance;

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b.4 The exception shall not weaken the general purpose of the regulations established for the specific district.

SECTION 4. Procedure for Granting Deviation, Exception and Variance

The procedure for the granting of deviation, exception and/or variance are as follows:

a. The filing of a written application seeking deviation, exception and/or variance stating the grounds therefore to the Zoning Administrator;
b. The Zoning Administrator shall conduct preliminary studies of the application and shall fix the time and place for hearing, whenever necessary;
c. A written notice of the public hearing shall be served on the applicant and the owners of the adjacent properties at least fifteen (15) days prior to the scheduled public hearing. Notice of hearing shall also be posted on the property for which the exception is sought, at the City Hall and in other public place at least fifteen (15) days prior to the date set for public hearing;
d. At the public hearing, any party may appear in person, or by an agent or Attorney-in-fact;
e. At the hearing all interested parties shall be afforded the opportunity to be heard and based on the evidence and testimonies presented, the Zoning Administrator shall decide on whether or not to grant deviation, exception and/or variances.

SECTION 5. Expropriation proceedings shall be in accordance with existing national laws. The Zoning Administrator shall recommend with the endorsement of the City Legal Officer, areas or parcels of land for proposed expropriation and approval thereto by the City Council.


ARTICLE XII
Administration and Enforcement

SECTION 1. Administration and Enforcement

This Ordinance shall be administered and enforced by the Zoning Administrator who shall be appointed by the local chief executive. The local chief executive shall prescribe the terms, conditions and qualifications of the Zoning Administrator, according to HLURB guidelines;

SECTION 2. Powers and Duties

The Zoning Administrator shall administer and enforce the provisions of this Ordinance. Specifically he/she shall have the following powers and duties:





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a. To grant or deny, with or without conditions, applications for the granting of exceptions in accordance with the criteria prescribed in Article XII Section 3 of this Ordinance;
b. To grant or deny, with or without conditions, applications for the granting of the variance in accordance with the criteria provided in Article XII Section 3 of this Ordinance;
c. To serve notice requiring the removal of any use in violation of this Ordinance upon the owner, agent or tenant of the building or land, or upon the architect, who commits or assists in any such violation three (3) months upon the effectivity of this Ordinance;
d. To issue certificate of zoning compliance and certificate of non-conformance as herein provided;
e. To seek the assistance of the City Legal Officer and/or City Fiscal to institute the necessary legal proceedings to enforce the provision of this Ordinance;
f. To call upon the police and authorized agents to assist in the enforcement of this Ordinance;
g. To report to the City Planning and Development Office and the Sangguniang Panglungsod all the innovative, technique, duration and special uses permits so that the zoning map and variance can correspondingly be updated and also to report on the process and problems encountered in the administration and enforcement of, this Ordinance, making the necessary recommendation therefore;
h. Issue special use permit and innovative development permits with the concurrence of the City Planning and Development Officer;
i. Submit a quarterly report on the status of the land uses of the city, including the number, nature and character of permits granted or denied, non-conforming uses, variance exceptions, innovative techniques, special and temporary uses and conditions imposed thereon to the City Planning and Development Office;
j. To initiate and monitor the implementation of not only the provisions of this Zoning Ordinance but also of the Olongapo City Comprehensive Land Use Plan;
k. Take any other action authorized by this Ordinance to ensure compliance with or prevent violation of its provisions.


SECTION 3. Certificate of Zoning Compliance

In accordance with the provisions of the National Building Code (NBC), a Certificate of Zoning Compliance shall first be obtained from the Zoning Administrator before any building permit can be granted by the Building Official. Such Certificate of Zoning Compliance shall certify, among others, that the building or part thereof covered by the application for building permits as well as the proposed use of such building, are in conformity with the provisions of the Zoning Ordinance and the Comprehensive Land Use Plan (CLUP).




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SECTION 4. Expiration of the Certificate of Zoning Compliance

If the activity or development covered by the Certificate of Zoning Compliance is not commenced for one year from the date of issue, said permit shall be cancelled/revoked by the Zoning Administrator and a notice thereof shall be given to the person affected.

SECTION 5 Appeals

Any person aggrieved by the decision of the Zoning Administrator concerning the interpretation, administration or enforcement of this Ordinance may appeal to the City Zoning Board of Appeals. Such appeal shall be taken up within fifteen (15) days from the receipt of the notice of the decision or action taken by the Zoning Administrator by filing with the said administrator and with the Zoning Board a notice of appeal specifying the grounds.

The Zoning Administrator shall transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken. The Zoning Board of Appeals shall fix the date, time and place for the hearing within thirty (30) days from the filing of the notice of appeal.

SECTION 6. Creation of Zoning Board of Appeals

An Administrative City Board to be known as the Zoning Board of Appeals is hereby created. It shall be composed of six (6) members with the City Mayor as ex-officio chairman and with the following as members: the Chairman of the Committee on Environment and Zoning (City Councilor), the City Business Permit Officer, the City Assessor, the City Legal Officer and two representatives from the private sector nominated by their respective organizations and appointed by the Mayor. Chosen representatives shall serve for a period of three (3) years.

SECTION 7. Powers of the Zoning Board of Appeals

Decisions of the Zoning Board of Appeals shall be final, except when the issue involves the interpretation and application of the development plan or of national and/or regional physical, land use planning or zoning standards, guidelines, rules and regulations in which case, appeal shall be made to the HLURB.

SECTION 8. Creation of Local Zoning Ordinance Review Committee

This Zoning Ordinance shall be reviewed every year or sooner when the need arises, by a committee to be known as the Local Zoning Review Committee. The Committee shall be
headed by the Zoning Administrator with a representative from the Sangguniang Panlungsod, the Private Sector, City Assessor, City Engineer, City Legal Officer, City Tourism Officer and the Development Coordinator of the Planning and Development Office. The representative of the Sangguniang Panlungsod shall be the chairman of the Land Use and Zonification Committee while the representative of the private sector shall be appointed by the Mayor.


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SECTION 9. Function of the Review Committee

The Local Zoning Review Committee shall have the following powers and functions:

a. Review the zoning ordinance for the following purposes:

a.1. Determine what amendments or revisions are necessary in the zoning ordinance because of changes that might have been introduced in the local development plan;
a.2. Determine what changes would have to be introduced to the local development plan in the light of permits given and exceptions and variance granted;
a.3. Identify what provisions of the ordinance have been difficult to enforce or are unworkable.

b. Recommend to the Sangguniang Panlungsod necessary legislative amendments and to the City Planning and Development Office the needed changes in the plan as a result of the review conducted by it.

SECTION 10. Amendment

The Sangguniang Panlungsod may, from time to time, on its own motion or through the recommendation of the City Mayor, amend, or repeal this Ordinance or any provision thereof provided that all proposed amendments initiated and/or recommended by the City Mayor shall first be referred to the City Planning and Development Office for comments and recommendation before submission to the Sangguniang Panlungsod.


ARTICLE XIII
Transitory Provisions

SECTION 1. General Provision

Upon the adoption of this Ordinance and pending concurrence with the provisions hereof by the HLURB, new developments, improvements, constructions or erections of new structures and the introduction of new uses within any of the zones established by the Ordinances shall be permitted or allowed to be undertaken only if they conform or are compatible with the dominant land use. The major existing land use of the designated zone shall be certified by the City Planning and Development Office. If there is no predicted or existing dominant or prevailing existing pattern throughout the zone, the proposed use or construction must be compatible with adjacent and surrounding areas within one (1) kilometer radius. Such uses shall
be allowed upon the issuance of locational clearance in accordance with the next section. These provisions, however, shall not prevent the repair or expansion of or addition to existing uses.



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SECTION 2. Interim Locational Clearance System

Pending concurrence with this Ordinance by the HLURB, the zoning administrator shall issue locational clearance to implement its national and regional standards and policies, as well as the provisions of this Ordinance. It shall advise the City on all actions that it shall take in connection with the section.

SECTION 3. Interim Zoning Board of Appeals

Pending concurrence with the Ordinance by the HLURB, the Zoning Board of Appeals shall prescribe its own rules and regulations covering the procedure, nature and substance of appeals.

ARTICLE XIV
General Provisions

SECTION 1. Suppletory Effect of Other Laws

The provisions of the Ordinance shall govern the use, direction, pattern and intensity of land use in the community. However, in areas specially reserved by existing laws or falling within the supervision and administration of a particular agency or agencies, or areas where the land uses are to be determined, planned, or regulated by such agency or agencies the provisions of such special laws shall remain in force and in effect, and shall govern such matters not touched by the Ordinance. Such laws shall have a suppletory effect over the provisions hereof.

SECTION 2. Building Permits Issued Prior to the Approval of this Ordinance

Except as otherwise provided in the National Building Code, nothing herein contained shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which a building permit had been duly granted prior to the adoption of the Ordinance, provided that :

a. The construction of the building, structure or part thereof shall have been started at the time of the enactment of this Ordinance, and not later than six (6) months after the issuance of such building permits; and
b. The structure or building will not be incompatible with the designated uses in the zone in which it is to be located and will not adversely affect the public health, safety or general welfare.

SECTION 3. Violation and Penalty

Any person who violates any provisions of this Ordinance shall upon conviction, be punished by a fine of not less than Five Thousand (P5,000.00) Pesos but not more than Ten Thousand (P10,000.00) Pesos or by imprisonment of not less than six months but not exceeding


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one year, 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 officers thereof.

SECTION 4.. Separability Clause

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

SECTION 5. Repealing Clause

All other Ordinances, rules and regulations that are in conflict with the provisions of this Ordinance are hereby repealed.

SECTION 6. Zoning Ordinance’s Boundary Description of Zoned Areas are hereto attached as annexes.

SECTION 7. Effectivity Clause

The Ordinance shall take effect fifteen (15) days after its publication.

APPROVED UNANIMOUSLY, August 24, 2006.


ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor


EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor

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CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor

ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor