Assessor's Office ADMINISTRATOR ACCOUNTING AGRICULTURE BUDGET MBPLO LCR ENGINEERING GSO HRMO
MPDC RHU MPDO MSWD TREASURER VETERENARIAN SANGGUNIANG BAYAN SENIOR CITIZEN PESO POSD WENEC
Municipal Ordinace1. National Land Use Act – This national Act promotes a land use pattern that adheres to the following: meeting of food security;
promotion of rational population distribution; promotion of orderly and balanced economic growth; sustainable use of natural resources; preservation of environmental integrity; mitigation of natural and man-made disasters; harmonization of varied interests within the framework of people empowerment; 2. Local Government Code (RA 7160) – The Act, specifically Section 20, empowers local government units (LGUs) to reclassify agricultural lands in cases where land ceases to be economically productive and where reclassification for residential, commercial or industrial use will have substantially greater value; 3. Urban Development and Housing Act of 1992 (RA 7279) – This law mandates LGUs to conduct inventory and identify suitable land for socialized housing; 4. Republic Act 7586 – This Act mandates the protection of national parks, wildlife sanctuaries, protected landscapes and related areas 5. Republic Act 7916 – This law provides the legal framework and mechanisms for the creation, operation, administration and coordination of special economic zones in the Philippines; 1. Ecological Solid Waste Management Act of 2000 (RA 9003) – This Act requires all LGUs including the barangays to establish and implement a solid waste management program in their respective territorial jurisdiction; 2. Comprehensive Agrarian Reform Law (RA 6657) – This law implements the policy of the State to promote comprehensive rural development and agrarian reform, Section 65 of which empowers the Department of Land Reform to reclassify or convert land usage; 3. Executive Order No. 72 – This executive order prompts LGUs to prepare and implement physical framework plans and comprehensive land use plans in accordance with national standards and guidelines; 4. Executive Order No. 124 – This executive order establishes priorities and procedures in evaluating areas proposed for land conversion in regional agri-industrial centers, tourism development areas and sites for socialized housing; 5. Department of Interior and Local Government (DILG) Circular No. 92-05 – This circular provides for the adoption of the guidelines for the formulation of physical framework plans. The guidelines, among others, include the following: promotion of equitable access to resources; all extractive activities must not affect the productivity of adjoining activities; sustainable development of economic, political and cultural affairs; promotion of industrialization via sound agricultural development and agrarian reform; land usage must be environment-friendly; and optimal use of land assets; and 6. DILG Circular No. 54 – This circular prescribes the guidelines governing the Local Government Code. It mandates cities and municipalities to reclassify agricultural lands into non-agricultural uses. 7. Republic Act 7916 – This law provides the legal framework and mechanisms for the creation, operation, administration and coordination of special economic zones in the Philippines; TITLE OF THE ORDINANCE
SECTION 1. Title - This Ordinance shall be known and cited as: “The Comprehensive Zoning Ordinance of the Municipality of Aliaga, Nueva Ecija” Article II AUTHORITY AND PURPOSES SECTION 1. AUTHORITY – This ordinance is enacted pursuant to the provisions of R.A. 7160 otherwise known as the New Local Government Code of 1991, particularly Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated October 10, 1991, “authorizing the Municipal Government through the Sangguniang Bayan to adopt a Zoning Ordinance, subject to the provisions of pertinent and existing laws, and in conformity with E.O. No. 72.” SECTION 2. PURPOSES – This ordinance is enacted for the following purposes:
SECTION 3. GENERAL ZONING PRINCIPLE – This Zoning Ordinance is based on the approved Comprehensive Land Use Plan for the Municipality of Aliaga, Nueva Ecija by the Sangguniang Bayan of the Municipality of Aliaga. Article III DEFINITION OF TERMS SECTION 1. DEFINITION OF TERMS – Words and phrases used in this Zoning Ordinance are hereby defined in Annex A, an attached document that is an integral part of this ordinance. SECTION 2. INTERPRETATION OF TERMS – The interpretation of technical terms in the Zoning Ordinance shall carry the same meaning given to them in already approved codes, rules and regulations, such as, but not limited to, the National Building Code, Water Code, Philippine Environment Code, Code on Sanitation, National Pollution Control Act of 1976, Urban Development and Housing Act of 1992 and other Implementing Rules and Regulations promulgated by the HLURB. Article IV ZONE CLASSIFICATION SECTION 1. DIVISION INTO ZONES OR DISTRICTS – To effectively carry out the provisions of this Zoning Ordinance, the municipality is hereby divided into the following zones or districts as shown in the Official Zoning Maps. 1. Settlements Area 1.1 Low Density Residential Zone (R-1) 1.2 Medium Density Residential Zone (R-2) 1.3 General Residential Zone (GRZ) 2. Production Area 2.1 Agricultural Zone (AGZ) 2.1.1 Strategic Agriculture and Fishery Development Zone (SAFDZ) Area 2.1.2 Agricultural Land Outside SAFDZ Area 2.2.3 Agri-Industrial/Livestock Farms 2.1.2 Industrial Zone (IZ) 2.2 General Commercial Zone 2.3 Tourism Development Zone 3. Protected Area 3.1 SAFDZ area 3.2 Park and Open Space 3.3 Heritage and Historic Preservation 3.4 River and Creek Easement 3.5 Swamp 3.6 National and Local Road Easement 4. Infrastructure Area 4.1 Economic Infrastructure 4.2 Social Infrastructure 4.3 Administrative Infrastructure 4.4 Utilities and Transportation SECTION 2. ZONING MAPS – It is hereby adopted as an integral part of this Zoning Ordinance, the Official Zoning Maps for the urban and urbanized areas and for the whole municipality, duly prepared by the Municipal Planning and Development Coordinator, wherein the designation, location and boundaries of the districts/zones herein established are shown and indicated. Such Official Zoning Maps shall bear the signature of the Municipal Mayor about duly authenticated by the Sangguniang Bayan. These maps can be found in Annex B. SECTION 3. ZONE BOUNDARIES – The locations and boundaries of the above mentioned zones are hereby identified and specified. These zone boundaries refer to the Zoning Map and Proposed Comprehensive Land Use Map, the details of which are expounded in Annex B. 1. Settlements Area/Residential Zones (R-1, R2 and GRZ) – The residential zones in the zoning/urban map are all the areas colored yellow. 2. Agricultural Zones (AGZ) – The agricultural zones in the zoning/urban map are all areas colored light green. 3. General Commercial Zone (GCZ) – The industrial zones in the zoning/ urban map are all areas colored red. 4. Industrial Zones (I-1, I-2 and I-3) – The industrial zones in the zoning/urban map are all areas colored violet. 5. Protected Area – Includes SAFDZ Area, Park and Open Space, Heritage and Historic Preservation, River and Creek Easement, Swamp Area and National and Local Road Easement. These are identified and accordingly reflected in the Zoning Map. 6. Infrastructure Area – Includes economic, social, administrative infrastructure, including utilities and transportation facilities, as well as institutional facilities. These are identified and accordingly reflected in the Zoning Map. SECTION 4. INTERPRETATION OF THE ZONE BOUNDARY – In the interpretation of the boundaries for any of the zones indicated on the Zoning Map, the following rules shall apply: 1. Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the street or highway right-of-way lines, shall be construed as boundaries. 2. Where zones boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be the boundaries. 3. Where zone boundaries are so indicated that they are approximately parallel to the center lines or right-of-way lines of street and highways, such zone boundaries shall be construed as being parallel thereto and at such distance there from as indicated in the zoning map. If no distance is given, such dimension shall be determined by the use of scale in said zoning map. where the boundary of a zone follows a stream, or other bodies of water, said boundary shall be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines. 4. Where a lot of one ownership, as of record 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 the case the lot is bisected by the boundary line, it shall fall in the zone where the principal structure falls. 5. Where the zone boundary is indicated as one lot deep, the said depthness shall be construed to be the average lot depth greater than said average, the remaining portion of the lot shall be construed as covered by the one lot deep zoning district provided the remaining portion has an area less than fifty percent (50%) of the total area of the entire lot. If 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. 6. The external description of the zone boundaries shall prevail over that of the Official Zoning Maps. Article V ZONE REGULATIONS SECTION 1. GENERAL PROVISION – The uses enumerated in the succeeding section are neither exhaustive nor all-inclusive. The Sangguniang Bayan may allow other uses not enumerated hereunder as it may deem fit or proper. Specific uses/activities of lesser density or intensity within a particular zone (R-10 may be allowed within the zone of higher density (R-2, R-3) but not vice versa, or not in another zone of different nature and its subdivisions (e.g. C-1, C-2), except for uses expressly allowed in said zones, such as the cumulative effect of zoning shall be intra-zonal and not inter-zonal. SECTION 2. USE REGULATIONS IN SETTLEMENTS AREA: I. LOW DENSITY RESIDENTIAL ZONE (R-1). An R-1 shall be used principally for housing/dwelling purposes so as to maintain the peace and quiet environment of the area within the zone with a density of not more than 20 dwelling units per hectare. the following are allowable uses: 1. Detached family dwelling 2. Semi-detached family dwellings (e.g., duplex, townhouses) 3. Customary accessory uses like: a) Servant quarters b) Private garages c) Guardhouses d) Apartment of not more than five (5) doors 4. Apartment of not more than five (5) doors 5. Boarding houses accommodating not more than five (5) boarders 6. Home occupation for the practice of one’s profession or for engaging in an in-house personal services such as dressmaking, tailoring, baking, running a sari-sari store, beauty parlors, barber shops and the like, provided that: a. The number of persons engaged in such business/industry shall not exceed five (5), inclusive of the owner; b. There shall be no change in the outside appearance of the building or premises; c. No home occupation shall be conducted in any customary accessory uses cited above; No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall be met, off the street and in a place other than in a required backyard;
electrical interference that is adversely detectable to the normal senses and visual fluctuations in line voltages off the premises. 7. Home industry classified as cottage industry provided that: a. Such home industry shall not occupy more than thirty percent (30%) of the actual 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/nuisance; b. It shall consider the same provisions as enumerated in letters c, d and e of number 6 above. 8. Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: a. Swimming pools b. Tennis/Pelota courts c. Others 9. Community facilities such as: a. Chapels and other similar places of worship b. Barangay halls and other incidental facilities c. Pre-schools, elementary and high schools d. Police/Fire sub-stations e. Clinic, nursing and convalescing health centers f. Community parks and playgrounds g. Radio, TV and communication facilities provided that their sound maintenance shall be the exclusive responsibility of the applicant and/or person running them. 10. Clubhouse and its incidental facilities 11. Refilling stations and minor motor service shops located along major thoroughfares Mini-marts 12. Neighborhood laundry shops and dry-cleaning services I. MEDIUM DENSITY RESIDENTIAL ZONE (R-2). R-2 zones shall be for housing/dwelling i.e. 21 to 65 dwelling unit per hectare. The following are the allowable uses: 1. All uses allowed in R-1 2. Apartments of more than five (5) doors 3. Boarding houses more than five (5) boarders 4. Dormitory houses 5. Hometels 6. Medium-rise apartelle buildings of not more than four (4) storeys located along major thoroughfares 7. Vocational school 8. Shuttle bus terminals without incidental repair and maintenance facilities 9. Tricycle and pedicab terminals II. GENERAL RESIDENTIAL ZONE (GRZ). A GRZ shall be for housing/dwelling purposes of high density with 66 more dwelling units per hectare. The following are allowable uses: 1. All uses allowed in R-1 and R-2 Zones 2. Multi-level tenement houses 3. Cooperative3 centers/offices 4. Training centers 5. Public reading libraries 6. Primary hospitals 7. Variance Subdivisions such as upgrading and sites and services projects 8. Socialized housing 9. Relocation projects SECTION 3. USE REGULATIONS IN PRODUCTION AREA: I. USE REGULATIONS IN AGRICULTURAL ZONE (AGZ). These areas include i) SAFDZ lands, ii) agricultural lands outside SAFDZ, and iii) agri-industrial/livestock farms. In the AGZ, the following uses shall be permitted: 1. Agro-industrial and other incidental uses directly supportive to large scale commercial plantations such as processing/canning, packaging and similar facilities, provided that all requirements of other government agencies concerned of the conduct of such shall strictly be complied with 2. Hydro-electric generating plants and their related facilities 3. Transmission lines/towers 4. Telecommunication towers 5. Irrigation, flood control and their related facilities 6. Agricultural trading centers 7. Ancillary dwelling units/farmhouses for tillers and laborers 8. Cultivation, raising and growing of staple crops such as rice, corn, camote, cassava and the like, vegetables and other high- value crops such as broccoli, asparagus and the like 9. Raising of livestock (e.g. cattle, sheep, pigs, goats, horses, others) and fowls (e.g. chickens, ducks, ostriches, others) hence, poultry, piggery and related activities 10. Growing of diversified plants and trees such as fruit and flower bearing tree as, coffee, tobacco, etc. 11. Mushroom culture, fishing and fish culture, vermiculture, snake culture, crocodile farm, monkey raising and the like 12. Customary support facilities such as palay dryers and rice threshers and storage barns and warehouses 13. Agricultural research and experimentation facilities such as breeding stations, fish farms, nurseries, demonstration farms, etc. 14. Home industry classified as cottage industry (e.g. tamboo broom making, pottery making, food preservation, rag making, etc.) provided that: a) Such home industry shall not occupy moiré than thirty percent (30%) of floor area of the dwelling units, There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be a hazard or nuisance; b) The allotted capitalization shall not exceed more than one hundred thousand pesos (PhP100,000.00) during its entire operation; c) Such shall consider the same provisions as enumerated in letters c, d and e of Home Occupation under this Section. 15. Other accessory uses incidental to agricultural activities 16. Fishing, fish culture and other aquatic activities 17. Agri-tourism and related activities 18. Rice/Corn mills 19. Drying, cleaning, curing and preserving of meat and its by-products and derivatives 20. Flour mills 21. Cassava flour mills 22. Manufacture of coffee 23. Manufacture of unprepared animal feeds, grain milling, etc. 24. Production of prepared feeds for animals 25. Manufacture of charcoal 26. Milk processing 27. Butter and cheese processing 28. Natural fluid milk processing 29. Manufacture/processing of other dairy products 30. Canning and preserving of fruits and fruit juices 31. Canning and preserving of vegetables and vegetable juices/sauces 32. Miscellaneous canning and preserving of fruits and vegetables II. USE REGULATIONS IN INDUSTRIAL AREA (IZ). The permitted uses in the Industrial Zone area are as follows: (1) LIGHT INDUSTRIES (I-1) – Involves non-pollutive/non-hazardous and non-pollutive/hazardous manufacturing/processing establishments, as follows: A. Food Based Industries 1. Drying fish 2. Biscuit factory manufacture of biscuits, cookies, crackers and other similar bakery products 3. Doughnut and hopia factory 4. Manufacture of macaroni, spaghetti, vermicelli and other noodles 5. Other bakery products not elsewhere classified 6. Manufacture of dry ice, ice, ice cream, ice drops including cold storage facilities B. Leather Based Manufacturing: 1. Life belts factory 2. Manufacture of luggage, handbags, wallets and smaller leather goods 3. Manufacture of miscellaneous products of leather and leather substitute 4. Manufacture of slippers and sandal except rubber and plastic 5. Manufacture of footwear except rubber and plastics 6. Manufacture of miscellaneous fabricated millwork C. Wood Based Industries: 1. Manufacture of wooden containers 2. Manufacture of sawali, nipa, bamboo, rattan and other cane baskets and wares 3. Manufacture of wooden furniture and fixtures 4. Manufacture of miscellaneous wood products D. Other industries: 1. Manufacture of photographic and optical goods including eye glasses and spectacles, optical lenses and related goods 2. Repacking of industrial products, e.g. paints, varnishes and other related products 3. Private and public utility bus terminals garage where such vehicles are stored, kept, maintained and repaired including storage facilities for spare parts 4. Warehouse and open storages 5. Manufacture of commercial handicrafts and industrial activities utilizing plant or animal parts/and/or products as raw materials (2) MEDIUM INDUSTRIES (I-2) – Involves pollutive/non-hazardous and pollutive hazardous manufacturing and processing establishments. Enumerated below are the allowable uses: A. All uses allowed in I-1 B. Food Based Industries: 1. Processing and canning of ham, bacon and native sausage 2. Poultry processing and canning 3. Rice mills/Corn mills 4. Candy factories 5. Chocolate and cocoa factories 6. Chewing gum factories 7. Peanuts and other nuts factories 8. Other chocolate and confectionary factories 9. Manufacture of flavoring extracts 10. Manufacture of food products (e.g., vinegar, vetsin, soy sauce, etc.) 11. Manufacture of fish meat 12. Flour mills 13. Cassava flour mills 14. Manufacture of coffee, pineapple and banana products 15. Drying, cleaning, curing and preserving of meat and its by-products and derivatives 16. Other food base industries C. Wood-Base Industries: 1. Manufacture of rough lumber 2. Manufacture of worked lumber 3. Saw mills 4. Manufacture of veneer, plywood and wood tile products 5. Treating and preserving of wood 6. Manufacture of wood and cane blinds, screens and shades 7. Manufacture of charcoal base products 8. Manufacture of containers and boxes of paper and paper boards 9. Manufacture of pulp and paper products 10. Manufacture of wood furniture including upholstered 11. Manufacture of rattan furniture including upholstered 12. Manufacture of box beds and mattresses D. Agriculture-Based Industries: 1. Manufacture of unprepared animal feeds, other grain milling 2. Production of prepared feeds for animals (feed mills) 3. Other agriculture based products E. Non-Metallic-Based Industries: 1. Manufacture of statuary, art goods, cut stones and marble products 2. Manufacture of abrasive products 3. Manufacture of non-metallic mineral products F. Metallic-Based Industries: 1. Manufacture of household metal furniture 2. Manufacture of metal blinds, screens and shades 3. Manufacture of office, store and restaurant metal furniture 4. Manufacture of miscellaneous furniture and fixture primarily of metal 5. Manufacture of fabricated structural iron and steel 6. Manufacture architectural and ornamental metal works 7. Manufacture of boilers, tanks and other structural sheet metal works 8. Manufacture of other structural products 9. Manufacture of metal cans, boxes and containers 10. Manufacture of stamped coated and engraved metal products 11. Manufacture of fabricated wire and cable products 12. Manufacture of heating, cooking and lighting equipment except electrical 13. Sheet metal works generally manual operation 14. Manufacture of other fabricated metal products except machinery and equipment G. Chemical-Based Industries: 1. Manufacture of perfumes, cosmetics and other toilet preparations 2. Manufacture of waxes and polishing preparations 3. Manufacture of candles 4. Manufacture of inks 5. Manufacture of miscellaneous chemical products H. Plastic and Rubber-Based Products: 1. Manufacture of plastic footwear 2. Manufacture of plastic furniture 3. Manufacture of other fabricated plastic products 4. Tire retr4eating and rebuilding 5. Manufacture of rubber shoes and slippers 6. Manufacture of industrial and molded products I. Other Industries: 1. Manufacture of medicinal and pharmaceutical preparations 2. Manufacture of cutlery, except table flat wares 3. Manufacture of hand tools 4. Manufacture of general hardware 5. Manufacture of miscellaneous cutlery, hand tools and general hardware 6. Manufacture or assembly of agricultural machinery and other heavy equipment industry 7. Native plow and harrow factories 8. Repair of agricultural machinery 9. Manufacture or assembly of service industry machines 10. Manufacture or assembly of sewing machines 11. Manufacture or assembly of cooking ranges 12. Manufacture or assembly of water pumps 13. Refrigeration industries 14. Manufacture or assembly of other machinery and equipment except electrical 15. Manufacture and repair of electrical apparatus 16. Manufacture and repair of electrical cables and wires 17. Manufacture of cables and wires 18. Manufacture of other electrical industrial machinery and apparatus 19. Manufacture or assembly of electric equipment, radio, television, tape recorders, stereo 20. Manufacture or assembly of radio and television transmitting, signaling and detection equipment 21. Manufacture or assembly of telephone and telegraphic equipment 22. Manufacture of other electronic equipment and apparatus 23. Manufacture of industrial and commercial electrical equipment 24. Manufacture of household, cooking, heating and laundry appliances 25. Manufacture of other electrical appliances 26. Manufacture of electric lamp fixtures 27. Weaving of hemp textile 28. Jute spinning and weaving 29. Miscellaneous spinning and weaving mills 30. Hosiery mills 31. Underwear and outwear mills 32. Fabric knitting mills 33. Miscellaneous knitting mills 34. Manufacture of mats and matting 35. Manufacture of linoleum and other surface coverings 36. Manufacture of table and kitchen articles 37. Manufacture of pottery, china and earthen wares 38. Manufacture of flat glass 39. Manufacture of glass containers 40. Manufacture of miscellaneous glass and glass products 41. Manufacture of clay bricks, clay tiles and hollow clay tiles 42. Manufacture of miscellaneous structural clay products 43. Manufacture of structural concrete products 44. Manufacture of metal cutting, shaving and finishing machinery 45. Manufacture of wood working machinery 46. Manufacture, assembly, rebuilding, repairing of food and beverage making machinery 47. Manufacture of rice mills 48. Assembly of motorcycle, cars, trucks and the like 49. Plant for computer and other electronic devices (3) HEAVY INDUSTRIES (I-3). I-3 are for large scale highly pollutive/non-hazardous; highly pollutive/hazardous, highly pollutive/extremely hazardous, non-pollutive/extremely hazardous; and pollutive/extremely hazardous manufacturing and processing establishments. Enumerated below are the allowable uses: A. All uses allowed in I-2 Zone B. Food-Based Industries 1. Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon 2. Ice cream factories 3. Milk processing plants (e.g., manufacturing filled, reconstituted, recombined, condensed or evaporated milk) 4. Butter and cheese processing plants 5. Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream related products) 6. Processing of other dairy products 7. Canning and preserving of fruits and fruit juices 8. Canning and preserving of vegetable and vegetable sauces 9. Miscellaneous canning and preserving of fruits and vegetables 10. Patis factories 11. Bagoong factories 12. Processing, preserving and canning of fish and other seafood 13. Manufacture of malt and malt liquors 14. Manufacture of soft drinks and carbonated water 15. Manufacture of instant beverages and syrups 16. Other non-alcoholic beverages 17. Slaughtering, preparation and preservation of meat products 18. Manufacture of vegetable and animal oils and fats 19. Distilled, rectified and blended liquors C. Other Industries: 1. Manufacture of soap and cleaning preparations 2. Manufacture of industrial alcohol 3. Manufacture of fertilizers 4. Manufacture of pesticides 5. Manufacture of compressed and liquefied gases III. OTHER USE REGULATIONS IN INDUSTRIAL ZONES. For land uses under the use regulations for I-1, I-2 and I-3, the corresponding certification as to whether they fall under the non-pollutive, pollutive or highly pollutive categories and further classified as non-hazardous, hazardous and extremely hazardous, shall first be secured from the Regional Office of the Department of Environment and Natural Resources. No industries listed under use regulation for I-1 and I-2 districts shall be allowed inside areas for purely residential subdivisions existing prior to the approval of the Zoning Ordinance even if such residential subdivisions are within the Industrial Zones described in this Ordinance. IV. GENERAL COMMERCIAL ZONE (GCZ). A GCZ shall be principally for trade, services and business activities. Enumerated below are the allowable uses: 1. Office buildings like: a. Office/condominium buildings b. Office/residential/condominium buildings 2. General retail stores and shops like: a. Department stores/shopping centers b. Bookstores and office supply shops c. Grocer stores/minimarts d. Supermarkets e. Wine, cigar and cigarette shops f. Car accessory shops g. Home appliance store h. Record and musical instrument shops i. Medical equipment stores j. Photo shops k. Flower shops l. Pet shops m. Duty free shops n. Sports supplies and accessory shops o. Gifts and souvenir shops p. RTW shops and/or boutiques q. Shoe shops r. Second hand retail shops such as books, used clothing (ukay-ukay), furniture, appliances and the like s. Art gallery shops 3. Food shops/outlets such as: a. Food marts b. Bakeries and bakeshops c. Restaurant/eateries d. Fast food centers e. Grilled/Roasted food outlets f. Ice cream parlors g. Fruit stands h. Candy shops 4. Personal services shops like: a. Beauty parlors b. Barber shops c. Spa, sauna bath and massage clinics d. Dressmaking, tailoring and embroidery shops e. Medical clinics f. Aerobics/body building centers g. Reflexology and acupuncture service centers and the like h. Portrait shops 5. Sports and Recreational Centers: a. Moviehouses b. Playcourts (e.g., tennis, badminton, bowling, billiard) c. Indoor/Outdoor shooting range d. Mini-golf courses/driving range e. Swimming pools f. Day and night clubs, disco pubs, videoke/karaoke/KTV bars, beer/pubhouses, bars and the like subject to existing local ordinances/regulations as to its distance from the nearest institutional structures such as schools, churches, hospitals and the like. g. Stadiums, coliseums, gymnasiums h. Carnival and recreational shows i. Other sports and recreational and amusement establishments except casinos, cockpits or other forms of gambling activities 6. Short term special education like: a. Dancing schools b. School for self-defense c. Driving schools d. Speech clinics e. Music studios/schools 7. Commercial housing like: a. Residential condominiums b. Hotels c. Pension/lodging houses d. Apartments and similar structures and uses e. Boarding houses f. Dormitories g. Storerooms and similar storage facilities necessary for the effective conduct of the business 8. Institutional activities such as: a. Colleges/universities b. Libraries and museums c. Convention centers and related facilities d. Government offices e. Hospitals f. Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities g. Public parks and playgrounds including public zoo 9. Other trade, services and business activities such as: a. Banks and other similar institutions b. Hardware/auto supply and spare parts stores with storerooms incidental to the principal use c. Filling/service stations d. Off-street and multi-level parking areas e. Radio and television stations f. Printing shops and publishing houses g. Pawnshops and goldsmith services h. Watch, locksmith, cellphone and other electrical and mechanical repair shops i. Laundry shops and dry cleaning services j. Typing, photocopying and engraving services k. Vocational/technical schools l. Messengerial services m. Janitorial services n. Security agencies o. Recruitment agencies p. Vehicle rental services q. Bag/shoe repair shops r. Clubhouses s. Booking offices t. Tire and vulcanizing shops u. Advertising offices v. Radio, TV and other communications facilities w. Memorial chapels, funeral parlors, mortuaries, crematoriums and similar services x. Other similar commercial activities nit elsewhere classified TOURISM DEVELOPMENT ZONE (TDZ). A TDZ refers to areas where major tourism projects or tourist related activities shall be allowed provided that the same shall be in accordance with the Department of Tourism (DOT) guidelines and standards and shall have secured special local government requirements. A municipality-wide tourism plan shall be formulated which will spell out the necessary guidelines for the use and development of the area. Initially, the following are the activities/establishments allowed in the TDZ: 1. Eco-tourism projects 2. Agri-tourism projects 3. Theme parks 4. Hotels, resorts, convention facilities and restaurants 5. Shopping centers, souvenir shops, tourism information office 6. Other related activities SECTION 4. USE REGULATIONS IN PROTECTED AREAS: I. SAFDZ AREAS. Republic Act 8435, otherwise known as the Agriculture and Fishery Development Modernization Act (AFMA) of 1997 is a landmark legislation aimed at ensuring the food security of the country at the same time catalyzing agro-industrial development. The strategy is to mark on the ground the Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD) and from the NPAAAP, identify the Strategic Agriculture and Fishery Development Zones (SAFDZ). The identified SAFDZ lands shall be protected and non-negotiable for conversion subject to the provisions of the AFMA LAW. Allowed uses corresponds to development zones as shown below: 1. Strategic crop sub-development zone 2. Strategic livestock sub-development zone 3. Strategic fishery sub-development zone 4. Integrated strategic crop-fishery sub-development zone 5. Integrated strategic crop-livestock sub-development zone 6. Integrated strategic fishery-livestock sub-development zone 7. Integrated strategic crop-livestock-fishery sub-development zone PARKS AND OPEN SPACE. The following uses shall be allowed in this zone: 1. Parks/Gardens 2. Resort areas 3. Open air or outdoor sports activities and support facilities, including low-rise stadiums, gyms, amphitheaters and swimming pools 4. Golf courses, ball courts and other uses 5. Memorial parks, shrines/monuments, kiosks and other park structures 6. Wildlife parks, botanical and zoological gardens 7. Theme parks HERITAGE AND HISTORIC PRESERVATION. Heritage and historic preservation sites shall be protected from any form of desecration and vandalism. Preservation and rehabilitation of the same shall be undertaken through the formulation of guidelines which shall focus on adaptive and re-use concepts. These areas are: 1. The Shrine of the Nuestra Senora de las Saleras in Poblacion 2. The St. John the Baptist Church in Barangay Bibiclat 3. The Old Spanish Road in Barangay Sto. Rosario 4. Hanging Bridge in Barangay Pantoc 5. Other markers, sites and attractions that include antique houses in Aliaga that showcase the history, old charm and cultural heritage of the municipality RIVER EASEMENTS AND SALVAGE ZONES. Article 51 of Presidential Decree No. 1067, otherwise known as The Water Code of the Philippines states that: “ 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, FLOTAGE, FISHING AND SALVAGE. NO PERSON shall be allowed to stay in this zone longer than what is necessary for recreation, navigation, floatage, fishing or salvage OR TO BUILD STRUCTURES OF ANY KIND.” Building of structures of any kind in this zone are absolutely prohibited, except for bank or shore 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 and the like. Allowable activities/uses include linear parks, tree planting and riverside vegetation. INFRASTRUCTURE RIGHT OF WAYS (ROWs). It is reiterated herein that these ROWs, setbacks/easements, and even road sidewalks should be protected and must be secured from development to eliminate congestion and ensure public safety. ENVIRONMENTALLY CRITICAL AREAS. The vulnerability of the Poblacion and the Aliaga Central Business Zone to flooding makes it an environmentally critical area. While engineering intervention may address the problem, the municipality should be very conservative in issuing locational clearances and development permits. In critical low lying areas where the threat of the Talavera River is very obvious during heavy rains and typhoons, applicants must produce the necessary studies, which include but not limited to environmental impact studies. This will be the basis in granting permits. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) USE REGULATIONS IN INFRASTRUCTURE AREAS. Infrastructure areas include institutional uses including memorial parks and cemeteries; sports and recreational facilities; and utilities and transportation. 1. Allowable institutional uses in this zone are enumerated below: a) Government center to house national, regional or local offices in the area b) Colleges, universities, professional business schools, vocational and trade schools, technical schools and other institutions of learning c) General hospitals, medical centers and multi-purpose clinics d) Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities e) Convention centers and related facilities f) Religious structures (e.g., church, seminary, convents) g) Museum/public libraries, reading centers h) Student housing (e.g., dormitories, boarding houses) i) Cemeteries and similar burial grounds j) Welfare houses, orphanages, boys and girls town, home for the aged and the like k) Rehabilitation and vocational training centers for ex-convicts, drug addicts, unwed mother, physically, mentally and emotionally handicapped, ex-sanitarium inmates and similar establishments l) Penitentiary and correctional institutions 2. Sports and recreational facilities allowed are: a) Resort areas including accessory uses b) Fishing parks c) Other uses similar, related or directly incidental to the above uses 3. Utilities and transportation facilities allowed are: a) Domestic water supply system installations including tube well drilling fields and storage tanks and reservoirs b) Transportation terminals c) Radio, television and television transmitter, receiver and repeater facilities d) Electrical power plant, substation, and power distribution lines with a rated capacity in excess of 64 KVA e) Roads and streets of all types and related fixtures within the legal right of way, including off-street parking facilities and transport terminals f) Telecommunications facilities, provided that an easement of 100 meter radius or equivalent to the height of the tallest tower structure, as the case may be, the transmission towers shall be reserved and protected. No residential houses or trees exceeding 5 meters in height shall be allowed within the easement g) Transmission line of utility companies like the National Power Corporation, provided that an easement of 15-75 meters along or below the high tension power transmission lines depending on the rated capacity of the line shall be reserved and protected.No residential houses or trees that exceed 5 meters in height shall be allowed within the easement Article VI SECTION 1. INNOVATIVE TECHNIQUES OR DESIGN - Applications for projects that promote urban renewal and restoration work, or introduce creativity or flexibility of design plan, such as but not limited to historic preservation development, planned unit development and similar developments, may be approved by the local government through the Office in charge of the municipal zoning administration provided that: 1. The proposed land use will not alter the essential character of the zone, especially in population density, number of dwelling units per hectare, traffic and parking generation and the dominant land use of the zone; 2. Necessary environmental clearances and other government approvals are obtained 3. Other plans or studies that may be required by the municipal zoning administration in order to assess the application are submitted; 4. The application follows the process prescribed by the municipal zoning administration. Article VII SECTION 1. PROJECTS OF NATIONAL SIGNIFICANCE - Projects may be declared by the National Economic Development Authority (NEDA) Board as projects of national significance pursuant to Section 3 of Executive Order 72. When a project is declared as such, the locational clearances shall be issued by the HLURB pursuant to E.O. 72. Article VIII SECTION 1. TRAFFIC AND UTILITIES IMPACT STUDY REQUIREMENT - The owner or developer of a building or a mixed use development that has a total floor area of at least 5,000 square meters shall be required to submit, as part of the application for a building permit, a traffic and utilities impact study that indicates the estimated volume and flow of vehicular traffic into and out of the building or mixed use development, the impact of such vehicular traffic to the immediate vicinity, corresponding traffic management procedures and mitigating devices, and the estimated impact of the building or mixed use development on existing utilities. ARTICLE IX SECTION 1. LOCATIONAL CLEARANCES FOR PROJECTS OF LOCAL SOCIO-ECONOMIC AND ENVIRONMENTAL SIGNIFICANCE - All projects that fall within the above shall be subjected to proper technical evaluation by all concerned government agencies to include the Barangay Development Council (BDC) and the Municipal Development Council (MDC). Said evaluations shall be reviewed by the appropriate recommendations and actions shall be pursued by the Sangguniang Bayan. Projects that fall under this section should obtain their clearances from: 1. Residential subdivisions, Condominiums and Townhouses – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Health Office, Municipal Agriculture, Veterinary, Environmental and Natural Resources Office, Municipal Water District 2. Resettlement Areas – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Agriculture, Veterinary, Environmental and Natural Resources Office, Municipal Water District 3. Upgrading Sites and Services – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Agriculture, Veterinary, Environmental and Natural Resources Office, Municipal Engineer’s Office 4. Farm Lot Subdivisions – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Agriculture, Veterinary and Environmental and Natural Resources Office 5. Miscellaneous Sales Applications/Foreshore Lease Applications – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Agriculture, Veterinary, Environmental and Natural Resources Office 6. Commercial Centers/Business Parks/Malls – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Health Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Water District 7. Industrial Estates/Subdivisions – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office 8. Cemeteries/Memorial Parks – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Health Office, Municipal Water District 9. Golf Courses – Clearances from the Office of the Municipal Planning and Development Coordinator, Department of Environment and Natural Resources, Municipal Water District 10. Reclamation Site – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office 11. Dumping Sites/Incinerators/Sanitary Landfills – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Health Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Water District 12 Mining and Quarrying – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Water District 13 Power Generation Plants/Stations – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Health Office 14. Funeral Parlors/Memorial Chapels/Mortuaries – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Health Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Water District 15. Cockpits – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Health Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Water District 16. Slaughterhouses – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Health Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office, Municipal Water District 17. Civic Centers – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Health Office, Municipal Water District 18. Sewerage Treatment Plants – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Agriculture, Veterinary, Environment and Natural Resources Office, Municipal Water District 19. Planned Unit Development – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office Municipal Health Office, Municipal Agriculture, Veterinary, Environment and Natural Resources Office, Municipal Water District 20. New Town Development – Clearances from the Office of the Municipal Planning and Development Coordinator, Municipal Engineer’s Office, Municipal Agriculture, Veterinary and Environment and Natural Resources Office Article X GENERAL DISTRICT REGULATION SECTION 1. HEIGHT REGULATIONS – Building height must conform to the height restrictions and requirements of the Air Transportation Office (ATO) as well as the requirements of the National Building Code, the Structural Code and all laws, ordinances, design standards, rules and regulations related to land development and building construction and the various safety codes. SECTION 2. HEIGHT REGULATIONS IN LOW DENSITY RESIDENTIAL ZONE (R-1) In R-1 Zone, no building or structure for human occupancy whether public or private shall exceed nine (9) meters in height. SECTION 3. HEIGHT REGULATIONS IN MEDIUM DENSITY RESIDENTIAL ZONE (R-2) In R-2 Zone, no building or structure for human occupancy whether public or private shall exceed twelve (12) meters in height. SECTION 4. ALL OTHER ZONES – There is no fixed building height limits except those prescribed by the Air Transportation Office (ATO) and other government regulations. Within these zones, building heights shall be based on the prescribed floor area ratio. SECTION 5. EXEMPTIONS FROM HEIGHT REGULATIONS IN R-1 AND R-2 – Exempted from the imposition of height regulations in residential zones are the following: towers, church steeples, water tanks and other utilities and such other structures not covered by the height regulations of the National Building Code and/or the Air Transportation Office. SECTION 6. AREA REGULATIONS – Area regulations in all zones shall conform with the minimum requirement of the existing laws and codes such as: 1. P.D. 957 – The “Subdivision and Condominium Buyers” Protective Law,” and its revised implementing rules and regulations 2. 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 3. P.D. 1096 – National Building Code 4. Fire Code 5. Sanitation Code 6. Plumbing Code 7. Structural Code 8. Executive Order No. 648 9. Other relevant guidelines promulgated by the national agencies concerned SECTION 7. ROAD SETBACK REGULATIONS – The following road setback regulations shall be applied: ___________________________________________________________________ Zoning Major Thoroughfares Secondary Roads Tertiary Roads Classification 30m and above Provincial Municipal/Bgy Residential 10 10 3 Commercial 20 20 7 Industrial 30 25 10 Agricultural 20 20 7 Agro-Industrial 30 25 10 Institutional 20 20 10 Parks and Recreation 10 10 3 Forest 30 25 10 SECTION 8. BUFFER REGULATIONS A buffer of three (3) meters shall be provided along entire boundary length between two or more conflicting zones allocating 1.5 meters from each side of the district boundary. Such buffer strip should be open and not encroached upon by any building or structure and should be a part of yard or open space. SECTION 9. SPECIFIC PROVISIONS IN THE NATIONAL BUILDING CODE Specific provisions stipulated in the National Building Code (P.D. 1096) relevant to traffic generators, advertising and business signs, erection of more than one principal structure, dwelling or rear lots, access year requirements and dwelling on rear lots, access yard requirements and dwelling groups, which are not in conflict with the provision of the Zoning Ordinance, shall be observed. Article XI MITIGATING DEVICES SECTION 1. TEMPORARY USE PERMIT – When it is impractical to apply the requirements of this Ordinance to certain development, the municipal zoning administration may, on grounds of innovative development techniques, grant a temporary use permit for the purpose subject to the approval of the Sangguniang Bayan, provided the following conditions are complied with: 1. That the proposed land area use will not alter the essential character of the zone, especially its population density, number of dwelling units per hectare, and the dominant land use of the zone. 2. That the area subject of application is a consolidated parcel of land at least one (1) hectare. 3. The preliminary development plan must generally set forth any existing or proposed arrangement of lots, streets, access points, buffer strips and highway or other transportation arrangement and the relationship of the tract of land involved to surrounding properties. 4. That the final development plan must in addition to the above cited requirements describe the noise, smoke, odor, dust, dirt, noxious gases, glare and heat, fire hazards, industrial waste and traffic which may be produced by the development. 5. The final development plan must be submitted to the Municipal Development Council for review and recommendation, and to the Sangguniang Bayan prior to the approval of the Municipal Chief Executive 6. The temporary use permit shall be valid for a maximum of five (5) years, subject to the clearance requirements under Article IX of this Ordinance. 7. Upon expiration of the temporary use permit, the said permit shall be deemed automatically revoked and renders the owner to cease to operate. Any expense for the transfer/relocation of such project to another site shall be at the account of the owner/operator. 8. Development for the intended use of the zone within a 50-meter radius from the project line is not evident at the time of the application of the proponent or not programmed for the next 5 years, subject to the clearance requirements under Article IX of this Ordinance. SECTION 2. DEVIATION – Exceptions and variances or deviations from the provision of the ordinance may be allowed by the municipal zoning administration only when the following terms and conditions are existing, subject to the clearances requirements under Article IX of this Ordinance and approval of the Sangguniang Bayan. Variances: The property is unique and different from other properties in the adjacent locality and because of its uniqueness, the owner/s cannot obtain a reasonable return on the property. This condition shall include at least 3 of the following provisions: - Conforming to the provisions of the Ordinance will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) and is not self-created. - The proposed variance is the minimum deviation necessary to permit a reasonable use of property. - The variance will not alter the physical character of the district or zone where the property for which the variance is sought is located, and will not substantially or permanently injure the use of other property in same district. - The variance will not weaken the general purpose of the ordinance and will not adversely affect public health, safety or welfare. - The variance, if granted, will still be in harmony with the spirit of this Ordinance. Exceptions: The exceptions will not adversely affect the environment, public health, safety and welfare and is in keeping with the general pattern of development in the community. The proposed project shall support economic-based activities, provide livelihood, vital community services and facilities while at the same time posing no adverse effect on the zone/community. The exception will not adversely affect the appropriate use of the adjoining property in the same district. a. The exception will not alter the essential delineation of the zone where the exception sought is located and will be in harmony with the general purpose of the Ordinance. SECTION 3. PROCEDURE FOR GRANTING EXEMPTION AND VARIANCES The procedure for the granting of an exception and/or variance is as follows: 1. A written application for an exception or variance is undertaken citing the Section of this ordinance under which the same is sought and stating the ground/s or justification thereof. 2. Upon filing of the application, a visible project sign, (indicating name and nature of the proposed project) shall be posted at the project site. 3. The municipal zoning administration shall conduct preliminary studies on the application. 4. A written affidavit of non-objection to the project by the owner of the properties adjacent to the project shall be filed by the applicant at least fifteen (15) days prior to the decision for exception/variance. 5. In case of objection, the municipal zoning administration shall hold public hearing. 6. At the hearing, any party may appear in person, or be represented by agents. All interested parties shall be accorded the opportunity to be heard and present evidences and testimonies. 7. The local chief executive though the municipal zoning administration and the Municipal Development Council shall render a decision within thirty (30) days from the filing of the application, exclusive of the time spent for the preparation of written affidavits of non-objection and/or the public hearing in case of any objection to the granting of exception/variance. Article XII MISCELLANEOUS PROVISIONS SECTION 1. ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC) Notwithstading the issuance of locational clearances, no environmentally critical projects nor projects located in environmentally critical areas shall be commenced, developed or operated unless the requirements of an ECC have been complied with. SECTION 2. SUBDIVISION PROJECTS – All owners and/or developers of subdivision projects shall, in addition to securing locational clearance, shall be required to secure a development permit pursuant to the provisions of PD 957 and its implementing rules and regulations or BP 220 and its implementing rules and regulations and RA 7279 in the case of socialized housing projects in accordance with the procedures laid down in E.O. 71, series of 1993. SECTION 3. PERFORMANCE STANDARDS – All land uses, development or constructions shall conform to the following standards: 1. Noise and Vibrations – All noise and vibration-producing machinery shall be enclosed and shall be provided with effective noise-absorbing materials, noise silencers and mufflers. To minimize vibration, machinery should be mounted on shock-absorbing mountings, such as cork sets on reinforced concrete foundations or a floating isolated foundation set on piles, as needed by the machinery. 2. Smoke – Any smoke emitted from any source for a period aggregating seven (7) minutes in any given thirty (30) minute time particularly when starting a new fire, shall have a density that shall not be a cause for accidents or shall not p[ose a threat to the health of the community and the same must register an acceptable and safe rating based on the recommendations of the Department of Environment and Natural Resources as concurred by the relevant offices under the local chief executive (i.e., presently set at a density of not greater than No. 2 in the Ringlemann chart or as may be prescribed by an updated rating set by environmental authorities). 3. Dust, Dirt and Fly Ash – The emission of dust, dirt or fly ash from any source of activity which shall pollute the air and render it unclean and that may be destructive, unhealthful or hazardous, or may cause visibility to be impaired shall not be permitted. In no case whatever shall dust, dirt or fly ash be allowed to exceed the minimum rating set forth by the Department of Environment and Natural Resources as concurred by the pertinent offices under the local chief executive (i.e., presently set at a rating not to exceed 0.30 grams per cubic meter or fuel gas at stack temperature of 60 degrees centigrade so as not to create a haze with opaqueness equivalent to No. 2 in the Ringlemann chart or as may be prescribed by an updated rating set by environmental authorities). 4. Odors and Gases – The emission of foul odors and gases deleterious to public health, safety and general welfare shall not be permitted. Buildings and activities emitting foul and obnoxious gases shall be enclosed by air tight building provided with air conditioning system, filters, deodorizing and other cleansing equipment. Foul odors caused by poultry, piggery farms and similar activities will also not be permitted. The proponents of said activities must implement diligent waste management measures to mitigate and eliminate foul odors emitted by their enterprise. 5. Glare and Heat – Glare and heat from any operation or activity shall not be allowed to be radiated, seen or felt at any point beyond the limits of the property. 6. Industrial Waste – Industrial plant wastes shall be disposed of only in a manner which will not create any nuisance or danger to adjoining properties or to the community in general, subject to the prescribed waste management system imposed by the Department of Environment and Natural Resources as concurred by pertinent offices under the local chief executive. 7. Sewerage Disposal – No sewerage dangerous to the public health, safety and general welfare shall be discharged into any public sewer system, natural waterway or drainage channel. In addition to the following requirements, all sewerage shall comply with pertinent requirements of the Department of Environment and Natural Resources – Environmental Management Board (DENR-EMB). SECTION 4. ENVIRONMENTAL IMPACT ASSESSMENT/STATEMENT – Major construction/development/activities may be required by the municipal zoning administration to submit an Initial Environment Examination (IEE) and/or Environmental Impact Statement (EIS.) If so required, the following shall be submitted by the applicant: 1. Detailed description of the proposed development or action or construction. 2. Detailed description of the physical, biological, social environment within which the development/construction will occur. 3. Detailed description of existing plans which will be affected by the proposed development action. 4. Detailed description of other actions planned, or in the course of realization, which will interact with the proposed action, so as to increase or reduce the environmental impact. 5. Detailed description of probable direct and induced impact of the proposed action on the physical, biological and social environment. 6. Comparison of impact of alternative actions 7. Special emphasis on adverse effects, long-term effects, resource commitments and cost-benefit analysis. SECTION 5. POLLUTION CONTROL – For effective pollution control, all manufacturing industries classified as pollutive by the Department of Environment and Natural Resources shall provide proper anti-pollution devices and acquire clearances and certificates of anti-pollutive compliance from DENR-EMB. SECTION 6. BUFFER STRIP/EASEMENT – In the utilization, exploitation, development, conservation and protection of water resources, the following setbacks and/or easements along the entire length of the banks of rivers, creeks and streams, and shores of all waterways shall be observed: 1. Five (5) meters setback along the banks of waterways in urban areas 2. Twenty (20) meters easement for the same in agricultural 3. Forty (40) meters easement for conservation areas 4. Forty (40 meters easements for shores of bodies of water. The above setback/easements shall be subject for public use such as recreation, navigation, floatage, fishing, salvage and promenading and related lawful activities. The easement shall be measured in accordance with the procedure set forth in the National Building Code of the Philippines (P.D. 1096). SECTION 7. SPECIAL PERMITS – Special permits shall be required for each of the following uses, subject to the terms and conditions as prescribed below: 1. Dump Sites: a. Adequate fencing must be put to prevent undue scattering of wastes. b. Poisoning of rats and spraying of flies shall be the sole responsibility of the applicant. c. The dumpsite must be located in an area that is of reasonable distance from inhabited areas. d. Other sanitary and environmental requirements of the municipality must be complied with. 2. Cemeteries/Memorial Parks: a. These may be located within the periphery of the urban area of the municipality or in sparsely populated areas and where little hazard to human health and life could result. b. The number of cemeteries and memorial parks to be allowed shall be based on the needs or death rate in the municipality. c. Proper maintenance shall be the exclusive duty of the applicant. 3. Funeral Parlors: a. The establishment of funeral parlors may be permitted in residential, commercial and institutional zones provided that they shall be located at a minimum radial distance from the following: (i) food establishments – at least 25 meters away; (ii) markets – at least 50 meters away; (iii) abattoirs, schools and hospitals – at least 200 meters away. Telecommunication Stations and Towers – Base stations and towers for cellular mobile telephone services, public mobile telephone services, paging services, trunking services, wireless local loops and other wireless communications services may be located in residential, commercial, industrial, institutional, agricultural and agro-industrial zones unless there are expressed prohibitions under existing laws and regulations and subject to the guidelines of the HLURB, municipal environmental and natural resources office and the municipal engineer’s office. 4. Cockpits: a. This must be located within the parks and recreation zones and at least 200-meter radius away from residential, commercial and institutional zones. b. Adequate parking spaces must be provided. c. Sanitary requirements must be complied with. 5. Piggery and Poultry Farms: a. These must be located in agricultural and agro-industrial zones and outside urban and major residential, commercial and institutional areas. b. They must be located at least 25-meter radius away from sources of ground and surface drinking water. c. Medium and large-scale piggery and poultry farms must be at least 1,000 meters away from built-up areas (residential. Commercial, institutional and industrial zones) while small-scale piggery and poultry farms must be at least 500 meters away from built-up areas. d. Piggery farms must be 500 meters away from major roads/highways and poultry farms must be 200 meters away from major roads/highways. e. The site of medium to large-scale piggery and poultry farms must be at least 1 kilometer away from one another to minimize pollution and health hazards. Distance between small-scale piggery and poultry farms must be at least 500 meters away from one another. SECTION 8. CULTIVATION/UTILIZATION OF RIVER BEDS AND SANDBARS – No river beds or sandbars shall be subject to cultivation or utilization except upon prior recommendation of the Municipal Environment and Natural Resources Office and the Municipal Engineer’s Office, PROVIDED, further, that no permission shall be granted it is obstructs the flow of water, or if it shall increase the flood levels so as to cause damage to other areas SECTION 9. GENERAL DISTRICT REGULATIONS No building, structure or land shall be used, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, moved or structurally altered except in conformity with the provisions of this Ordinance and the National Building Code of the Philippine (P.D. 1096) all the implementing rules and regulations issued thereof. SECTION 10. TRAFFIC GENERATOR All traffic generating buildings and structures allowed in any of the districts must provide parking spaces for their employees, clients and visitors in accordance with the standards set forth by the National Building Code of the Philippines (P.D.1096). SECTION 11. ADVERTISING AND BUSINESS SIGNS – Advertising and business signs/billboards to be displayed or built for public view in any of the districts herein enumerated must comply with the provisions of the National Building Code of the Philippines (P.D. 1096) and other existing policies and/or regulations including those that may be later adopted by the municipal government to provide maximum security to lives and properties. SECTION 12. ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE – In any district where more than one structure may be permitted to be erected on a single lot, the requirements of this ordinance shall first be met for each structure as though the same was erected on an individual lot. SECTION 13. ARCADED THOROUGHFARES – Except for the already existing roadside arcade at the Aliaga National High School along Gen. Luna St., other major national, provincial and municipal thoroughfares that should be arcaded shall accordingly be identified by the Office of the Municipal Planning and Development Coordinator in the future. Article XIII ADMINISTRATION AND ENFORCEMENT SECTION 1. LOCATIONAL CLEARANCES – All owners/developers shall secure locational clearances from the municipal zoning administration or in cases of variances and exemptions, from the local chief executive through the municipal zoning administration and the Municipal Development Council for review and recommendation, respectively, prior to conducting any activity or construction on their property/land. SECTION 2. BUILDING PERMITS – No building permit shall be issued by the building official without a valid locational clearance in accordance with this Ordinance. SECTION 3. BUILDING OCCUPANCY PERMITS – No building occupancy permit shall be issued by the building official without official validation/verification from the municipal zoning administration. SECTION 4. NON-USERS 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 property. Non-use of said clearance within said period shall result in its automatic expiration, cancellation and the grantee shall not proceed with his project without re-applying for a new clearance. Otherwise, the land use classification of the subject property will automatically be reverted back into its original zone classification or whatever existing land use is dominant/prevailing in the immediate environs of the subject area. SECTION 5. CERTIFICATE OF NON-CONFORMANCE – A certificate of non-conformance shall be applied for by the owner of the structure or operator of the activity involved within one (1) year from the date of enactment of this Ordinance. Failure on the part of the owner to register/apply for the said certificate shall be considered in violation of the Zoning Ordinance and is subject to penalties. The municipal zoning administration shall immediately notify owners of known non-conforming use so they may apply for the said certificate. SECTION 6. EXISTING NON-CONFORMING USES AND BUILDINGS – The lawful uses of any building, structure or land at the time of adoption or amendment of this ordinance may still be allowed to continue, although such uses do not conform with the provision of this ordinance, PROVIDED: 1. That no such non-conforming use shall be enlarged or increased to occupy a greater area of land than that already occupied by such use at the time of the adoption of this ordinance or moved in whole or in part, to any other portion of the lot or parcel of land where such non-conforming use exists at the time of the adoption of this ordinance. 2. That no such non-conforming use which has ceased operation for more that one (1) year be again revived as a non-conforming use. 3. An idle/vacant structure may not be used for a non-conforming activity. 4. That any non-conforming structures under one ownership, which have been damaged may be reconstructed and used as before provided that such reconstruction is not more than fifty percent (50%) of the replacement cost. 5. That such non-conforming portion of a structure be destroyed by any means to an extent of more than 50% of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. 6. That no such non-conforming use may be changed to another non-conforming use. 7. That no such non-conforming use may be moved to displace any conforming use. 8. That no such non-conforming structure may be enlarged or altered in any way which increase its non-conformity, but any structure or portion thereof may be altered to decrease its non-conformity. 9. That should such structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of the district in which it is moved or relocated. SECTION 7. RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT This ordinance shall be enforced and administered by the Municipal Planning and Development Coordinator who shall be appointed by the Municipal Mayor, pursuant to the provision of the Local Government Code. SECTION 8. QUALIFICATION OF THE ZONING ADMINISTRATOR The Zoning Administrator shall be a reputable person of good moral character and shall possess specialized knowledge, training and/or experience in the field of physical planning and zoning for at least 5 years, provided, however, that no elective official shall appointed. SECTION 9. POWERS AND FUNCTIONS OF THE ZONING ADMINISTRATOR – The following are the powers and functions of the Zoning Administrator who shall be in charge of the municipal zoning administration: 1. Act on all applications by: a. Issuing the corresponding certificate of zoning compliance for projects conforming with the zoning regulations; b. Granting or denying applications for temporary use, recommending variances and exceptions; c. Issuing certificates of non-conformance for non-conforming projects lawfully existing at the time of the adoption of th ordinance, including clearances for repairs/renovations of non-conforming uses consistent with the guidelines therefore; d. Imposing appropriate condition(s) on all permits/clearances certificates consistent with laws, rules and policies laid down under this ordinance. 2. Monitor on-going existing projects within their respective jurisdictions and issue notices of violations and show- cause orders to owners, developers or managers of projects who may have violated the Zoning Ordinance and refer the same to the Sangguniang Bayan. 3. Coordinate the enforcement of the form and substance of this Zoning Ordinance with the Philippine National Police particularly on actions that need the assistance of the police. 4. Coordinate all legal issues relative to the enforcement of this ordinance with the Municipal Attorney’s Office. 5. Coordinate the proposed amendments to this Zoning Ordinance with the Provincial Land Use Committee. 6. Coordinate relevant issues relative to the implementation of this Ordinance with appropriate public and private entities. SECTION 10. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS – The said Board shall perform the following: 1. Act on the applications of the following: variances, exceptions, non-conforming uses, complaints and oppositions to applications. 2. Act on appeals on grant or denial of locational clearances by the Zoning Administrator 3. The decisions of the Board shall be appealable to the HLURB. SECTION 11. COMPOSITION OF THE LOCAL ZONING BAORD OF ADJUSTMENT AND APPEALS – The Municipal Development Council shall create a committee that will act as the Board. The same shall be composed of the following: 1. Municipal Mayor as Chairperson 2. Municipal Legal Officer 3. Municipal Assessor 4. Municipal Engineer 5. Municipal Planning and Development Coordinator 6. Municipal Zoning Administrator 7. Two (2) representatives from the private sector nominated by their respective organizations and confirmed by the Municipal Mayor 8. Two (2) representatives from non-government organizations nominated by their respective apex organizations and confirmed by the Municipal Mayor To fill vacancies in the Board, the Sangguniang Bayan can nominate its members to the said Board to meet the total number of the board members required under this section. The said Board shall be attached to the Municipal Development Council. SECTION 12. INTERIM PROVISION - Until such time that the Local Zoning Board of Adjustment and Appeals is constituted, the HLURB shall perform the responsibilities of the said Board. As an appellate board, the HLURB shall adopt its owns rules of procedure in governing the conduct of appeals arising from the administration and enforcement of this ordinance. SECTION 13. REVIEW OF THE ZONING ORDINANCE – The Municipal Development Council shall create a sub-committee, the Local Zoning Review Committee, that shall review the Zoning Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following premises: 1. Change in local development plans 2. Introduction of projects of national significance 3. Petitions for re-zoning 4. Other reasons that are appropriate for consideration. SECTION 14. COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE – The said committee shall be composed of the following: 1. Municipal Planning and Development Coordinator 2. Municipal Health Officer 3. Municipal Agriculture Officer 4. Municipal Environment and Natural Resources Officer 5. President, Liga ng mga Barangay 6. Municipal Engineer 7. Municipal Land Reform Officer 8. District School Supervisor 9. Three (3) private sector representatives to come from the local chamber of commerce, housing industry and homeowners’ association, respectively 10. Two (2) representatives from non-government organizations SECTION 15. FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE – The said committee shall exercise the following functions: 1. Review the Zoning Ordinance for the following purposes: a. Determine amendments or revisions necessary in the ordinance arising from changes in the Comprehensive Land Use Plan b. Determine changes to be introduced in the Comprehensive Land Use Plan c. Identify provisions in the ordinance that are difficult to enforce or that may have to be revised, updated, refined, improved or deleted. 2. Recommend the needed legislative amendments to the plan and the ordinance to the Sangguniang Bayan and advise the local planning and development staff of the required changes in the plan and in the ordinance as the result of the reviews that the committee have conducted 3. Provide information to the HLURB that it can use in the exercise of its functions. SECTION 16. ACTIONS ON COMPLAINTS AND OPPOSITIONS A complaint for violations of any provisions of the Zoning Ordinance or of any clearance or permits issued pursuant thereto shall be filed with the zong administrator. However, oppositions to applications for clearances, variances or exeptions shall be treated as complaints and dealt with in accordance with the provision of this section. SECTION 17. AMENDMENTS TO THE ZONING ORDINANCE Changes in the Zoning Ordinance shall be treated as an amendment, provided that any amendment to the Zoning Ordinance or provisions thereof shall be subject to review and evaluation of the zoning administrator and shall be carried out through a resolution of three fourths (3/4) vote of the Sangguniang Bayan. SECTION 18. PROCESSING FEES – All processing fees shall be in accordance with the schedule prescribed under the existing Amended Tax Code of the Municipality of Aliaga and shall be paid directly to the Office of the Municipal Treasurer. SECTION 19. VIOLATIONS AND PENALTIES – Any person who violates any or all of the provisions of this Zoning Ordinance shall, upon conviction, be punished by a fine of not less that PhP5,000.00 and or by imprisonment of not less than six (6) months but not more than one (1) year or both at the discretion of the regular court. In case of violation by a corporation, partnership or association, the penalty shall be imposed upon the erring officer thereof. SECTION 20. SUPPLETORY EFFECT OF OTHER LAWS AND DECREES – The provisions of this ordinance shall be without prejudice to the application of the existing laws. SECTION 21. BUSINESS PERMITS AND/OR LICENSES – As suppletory provision to the existing Amended Tax Code of the Municipality of Aliaga, no business/mayor’s permits and/or licenses of any kind shall be granted or issued in favor of any establishment if such establishment is intuited/located in non-conforming areas or areas where such business or establishment is not allowed under the provisions of this Zoning Ordinance. SECTION 22. SEPARABILITY CLAUSE – Should any section or provision of this Zoning Ordinance be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Zoning Ordinance as a whole or any part thereof other that the part so declared to be unconstitutional or invalid. SECTION 23. REPEALING CLAUSE – All ordinances, rules and regulations in conflict with the provisions of this Zoning Ordinance are hereby repealed, provided that the rights that are vested upon the effectivity of this ordinance shall not be impaired. SECTION 24. EFFECTIVITY CLAUSE – This Zoning Ordinance shall take effect immediately ten (10) days after posting of the same in three (3) conspicuous places in the Municipality of Aliaga upon approval. UNANIMOUSLY APPROVED. ENACTED by the Sangguniang Bayan this ___th day of _________2011. HON. ELIZABETH R. VARGAS Municipal Vice Mayor Presiding Officer HON. CESAR M. CAJUCOM HON. JESUS D. ORDANES Member, SB Member, SB HON. JUANITA A. DE LEON HON. JUANITO B. MARTIN Member, SB Member, SB HON. ALBERTO M. BUMALAG HON. LOURDES S. CELESTINO Member, SB Member, SB HON. ALMARIO R. BERNABE HON. MELODY O. VEGIGA Member. SB Member, SB HON. EDGARDO O. SOLEDAD HON. RONA JANE M. BONDOC President, Liga ng mga Barangay President, SK Federation APPROVED: CERTIFIED TO BE TRULY ENACTED: HON. MARCIAL R. VARGAS JOSE F. GAYA Municipal Mayor Sangguniang Bayan Secretary DEFINITIONS: The definition of technical terms in the Zoning Ordinance shall carry the same meaning given to them in already approved codes, rules and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environment Code, Code on Sanitation, National Pollution Control Act of 1976, Urban Development and Housing Act of 1992, and other Implementing Rules and Regulations promulgated by the HLURB. The words, terms and phrases enumerated hereunder shall be understood to have the meaning correspondingly indicated as follows: GENERAL: 1. Agricultural Zone (Ag) – A division of an area designed for cultivation, fishing and pastural activities (fish farming, cultivation of crops, goat/cattle or fowl raising, etc.) 2. Agro-Industrial Zone (Ag1) – A division of an area designed primarily for integrated farm operations and related production and cultivation of crops, raising of goats/cattle, etc. 3. Buffer Area – These are yards, parks or open spaces intended to separate elements or uses to control pollution/nuisance and or identifying and defining development areas or zones where no permanent structures are allowed. 4. Built-up Area – A contiguous grouping of ten (10) or more structures. 5. Central Business Zone – It shall refer to areas designed principally for trade, services and business purposes (Commercial 1 Zone). 6. Certificate of Non-Compliance – 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. 7. Compatible Use – Uses or land activities capable of existing together harmoniously (residential and parks playground). 8. Comprehensive Development Plan – A document embodying specific proposals for guiding, regulating growth and/or development. The main components of the Comprehensive Development Plan in this usage are the sectoral studies (socio- economic, infrastructure, local administration, land use, traffic, enterprise development and other studies). 9. Conflicting Uses – Uses or land activities with contrasting characteristics sited adjacent to each other (residential units adjacent to industrial plants). 10. Conforming Use – A use that is in accordance with the zone classification as provided for in the ordinance. 11. Conservation Zone – Refers to environmentally critical areas that should be conserved and free from human exploitation. 12. Easement – Open space imposed to any land uses/activities sited along waterways, road right-of-ways, cemeteries/memorial parks and utilities, etc. 13. Environmentally Critical Areas – Refer to those areas, which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981. 14. Environmentally Critical Projects – Refer to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981. 15. Exception – A device which grants a property owner relief from certain provisions of a Zoning Ordinance where because of the specific use would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. 16. Floor Area Ration or FAR – Is the ratio between the gross floor area of a building and the area of the lot on which it stands, determined by dividing the gross floor area of the building and the area of the lot. The gross floor area of the building should not exceed the prescribed floor area ratio (FAR) multiplied by the lot area. The FAR of any zone should be based on its capa city to support development in terms of the absolute level of density that the transportation and other utility networks can support. 17. General Commercial Zone (GCZ) – A division of an area principally for trading/services/business purposes. 18. General Industrial Zone – A division of an area principally for industrial purposes. 19. General Institutional Zone (GIZ) – A division of an area principally for general types of institutional establishments (government offices, schools, hospitals/clinics, academic/research, convention centers). 20. General Residential Zone (GRZ) – A division of an area principally for dwelling/housing purposes. 21. General Zoning Map – A duly authenticated map delineating the different zones into which the whole city/municipality is divided. 22. Gross Floor Area (GFA) – The GFA of a building is the total floor space within the perimeter of the permanent external building walls, occupied by office areas, residential areas, corridors, lobbies, mezzanines, vertical penetrations (that will mean stairs, fire escapes, elevator shafts, flues pipe shafts, vertical ducts, enclosing walls and the like), rest rooms or toilets, machine rooms and closets, storage rooms and closets, covered balconies and terraces, interior walls and columns, and other interior features. But 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 AC cooling towers, overhead water tanks, roof deck laundry areas and cages, wading or swimming pools, whirlpools or Jacuzzis, garden, courts or plazas. 23. Heavy Industrial Zone (I-3) – A subdivision of an area principally for the following types of industries: highly pollutive/non-hazardous, highly pollutive/hazardous, pollutive/extremely hazardous, non-pollutive/extremely hazardous and highly pollutive/extremely hazardous. 24. High Density Residential Zone (R-3) – Subdivision of an area principally for dwelling/housing purposes, with dwelling density of 66 or more units per hectare. 25. Highly Urbanized Urbanized Cities – Cities with a minimum population of 200,000 inhabitants as certified by the National Census and Statistics Office with the latest annual income of at least PhP50,000,000 based on 1996 constant prices as certified by the City Treasurer. 26. HLURB – Shall mean the Housing and Land Use Regulatory Board. 27. Innovative Design – Introduction and/or application of new/creative designs and techniques in development projects (planned unit developments, new towns, etc.) 28. Light Industrial Zone (I-1) – A subdivision of an area principally for the following types of industries: non-pollutive/non-hazardous and non-pollutive hazardous. 29. Locational Clearance – A clearance issued to a project that is allowed under the provisions of this Zoning Ordinance and upon compliance to specific guidelines and standard outside of Zoning Ordinance provisions, particularly for projects of local and national significance. 30. Low-Density Residential Zone ((R-1) – A subdivision of an area principally for dwelling/housing purposes with a dwelling density of 20 to 65 dwelling units per hectare. 31. Minor Commercial Zone (C-2) – A subdivision of an area with quasi trade business activities and service industries performing complementary/supplementary functions to the principal commercial zone (CBD). 32. Medium Density Residential Zone (R-2) – A subdivision of an area principally for dwelling/housing purposes with a dwelling density of 21 to 65 dwelling units per hectare. 33. Medium Industrial Zone (I-2) – A subdivision of an area principally for the following types of industries: pollutive/non-hazardous and pollutive/hazardous. 34. Major Commercial Zone (C-1) – A subdivision of an area principally for trade, services and business activities ordinarily referred to as Central Business District. 35. Mitigating Device – A means to grant relief in complying with certain provisions of the ordinance. 36. New Town – It is a town deliberately planned and built which provides basic amenities, in addition to houses, employment, shopping, education, recreation, culture and other services normally associated with a city or town. 37. Non-Conforming Use – Existing non-conforming uses in an area that are allowed to operate in spite of non-conformity to the provisions of the ordinance. 38. Parks and Recreation Zone (PRZ) – A division of an area designed for diversion/amusements and for the maintenance of ecological balance of the community. 39. Planned Unit Development (PUD) – It is a land development scheme wherein the project site is comprehensively planned as an entity via a unitary site plan that permits flexibility in planning/design, building siting, complementary of building types and land uses, usable open spaces and the preservation of significant natural land features that shall be designed within the context of balance ecology/environment. 40. Protected Area – Residential and socialized housing protected areas, shall have a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of the effluent are subject to the rules and regulations of the governing government agency. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 41. Protected General Institutional Zone (PGIZ) – A division of an area principally for general types of institutional establishments (government offices, schools, hospitals/clinics, academic/research, convention centers). Development of this area will require a complete sanitary sewerage system with primary and secondary facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 42. Protected High Density Residential Zone (PR-3) – A subdivision of an area principally for dwelling/housing purposes with a dwelling density of 66 or more dwelling units per hectare. Development of this area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 43. Protected Light Industrial Zone (P-1) – A subdivision of an area principally for the following types of industries: non-pollutive/non-hazardous and non-pollutive/hazardous. Development of this area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 44. Protected Low Density Residential Zone (PR-1) – A subdivision of an area principally for dwelling/housing purposes with a dwelling density of 20 dwelling units and below per hectare. Development of this area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 45. Protected Major Commercial Zone (PC-2) – A subdivision of an area with quasi trade business activities and service industries performing complementary/supplementary functions to principally commercial zone (CBD). Development of this area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) effluent are subject to the rules and regulations of the governing government agencies. 46. Protected Medium Density Residential Zone (PR-2) – A subdivision of an area principally for dwelling/housing purposes with dwelling density of 21 to 65 dwelling units per hectare. Development of this area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 47. Protected Medium Industrial Zone (PI-2) – A subdivision of an area principally for the following types of industries: pollutive/non-hazardous and pollutive/hazardous. Development of this area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 48. Protected Major Commercial Zone ((PC-1) – A subdivision of an area principally for trade, services and business activities ordinarily referred to as the Central Business District. Development of the area will require a complete sanitary sewerage system with primary and secondary treatment facilities. Disposal of such effluent are subject to the rules and regulations of the governing government agencies. 49. Public Warehouse – Refers to a storage and/or depository of those in business of performing services for other outfits. 50. Rezoning – A process of introducing amendments to or change in the text and maps of the Zoning Ordinance. It also includes amendments or changes in view of reclassifications under Section 20 of RA 7160. 51. Rural Area – Area outside of designated urban area. 52. Rural Settlements – Refers to built-up areas in the barangays. 53. Setback – The open space left between the building and lot lines. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 54. Socialized Housing Zone (SHZ) – Shall be used principally for socialized housing/dwelling purposes for the underprivileged and homeless as defined in RA 7279. 55. Special Institutional Zone (SIZ) – A division of an area principally for particular types of institutional establishments (welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/ reservations/bases/training grounds, etc.) 56. Temporary Use Permit – Permit issued on establishments based on conditions stipulated in this ordinance under section on the issuance of temporary permits. 57. Tourism Development Zone (TDZ) – Are sites with natural or man-made physical attributes and resources that are conducive to recreational leisure and other wholesome activities. 58. Urban Area – It shall refer to Barangay/s or portions of which comprising the Central Business District (CBD) and the built-up area, including its urbanizable land, adjacent to the CBD. 59. Urban Zoning Map – A duly authenticated map delineating the different zones into which the urban area and its expansion are divided. 60. Urbanizable Land – Area designated as suitable for urban expansion by virtue of land use studies conducted. 61. Variance – A special locational clearance that grants a property owner from certain provisions of a Zoning Ordinance where because of the physical sorroundings, shapes or topographical condition of the property, compliance on height, area, setback, bulk and/or density would cause undue hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 62. Water Zone – A division of an area intended for bodies of water, which include rivers, streams, lakes, and seas except those included in other zone classification. 63. Zone/District – A division of an area or territory for specific land use as defined by mandate or natural boundaries. 64. Zoning Administrator – A technically qualified government employee responsible for the implementation/enforcement of the Zoning Ordinance in a community. 65. Zoning Ordinance – A local legal measure that embodies the regulations involving land uses. SUPPLEMENTARY: 1. Accessory/Incidental Use – A use incidental and subordinate to the principal use of the building and/or land. 2. Accretion – The gradual and imperceptible accumulation of land on existing property by natural cause in the case of land located along rivers, lakes and other bodies of water. 3. Additional Alterations and Repairs – Changes in an existing building involving interior or exterior work and/or increase or decrease in its area. 4. Alley – Any public space or thoroughfare that has been dedicated or deeded to the public or public use as passageway with a width of not more than 3.00 meters. 5. Apartel/Appartelle – Any building or edifice containing several independent and furnished or semi-furnished apartments, regularly leased to tourists and other travelers for dwelling on a more or less long term basis, and offering basic services to its tenants similar to hotels. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 6. Apartment – A room or suite of two or more rooms designed and intended for, or occupied by one family for living, sleeping and cooking pruposes. 7. 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. 8. Botanical Garden – A tract of Land used for the culture and study of plants, collected and grown for specific study and display purposes. 9. 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. 10. Building Accessory – A building subordinate to the main building located on the same lot, the use of which is necessary/incidental to the use and enjoyment of the main building. Example: servants’ quarter, garage, etc. 11. Building Area – The remaining space in a lot after deducting the required minimum open space. 12. Building Main – The principal structure wherein the prime use of the land of which it is situated is conducted. 13. Cottage Industry – Any establishment or firm that conforms to the standards set forth by the Department of Trade and Industry (DTI). 14. Dormitory – A building where persons are provided with board and lodging facilities in common halls for compensation. 15. Dwelling – Any building or any portion thereof intended or designated to be built, used, rented, leased, lent or hired to be occupied, or which are occupied for living or residential purposes. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 16. Dwelling, One-Family Detached – A one family house having one party wall and two side yards. 17. Dwelling, One-Family Semi-Detached – A one family dwelling as above defined except that it is provided with one side yard. 18. Dwelling, Two-Family Semi-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 provide complete living facilities for one hundred. 19. Dwelling, Multi-Family – A building used as a house or residents of three (3) or more families living independently from one another, each occupying one or more rooms as a single housekeeping unit. 20. Family – A group of individuals related by blood, living under one roof and condensed as part of a single housekeeping unit. 21. Filling Station – A retail station serving automobiles and other motor vehicles with gasoline and oil only. 22. Foreshore – The strip of land that lies between the high and low water marks and that is alternately wet and dry according to the flows of the tide. 23. Garage, Commercial – A garage where automobiles and other types of motor vehicles are housed, maintained, equipped, repaired or kept for remuneration, hire or sale. 24. Garage, Private – A building or portion of a building in which only motor vehicles used by the tenants of the buildings on the premises are stored or kept. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 25. Guard House – An accessory building or structure used by a security guard while on duty. 26. Home Occupations – An occupation or business conducted within the dwelling unit. 27. Hospital – An institution providing health services, primarily for in-patient, and medical or physical care of the sick or the injured including all related integral parts thereof, such as laboratories, outpatient department, training facilities, and staff offices. 28. Hotel – A building or a part thereof with rooms occupied or intended to be occupied for hire as temporary living place 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. 29. Lot – A parcel of land on which a principal building and its accessories are placed or may be placed together with the required open space. 30. Manufacturing Industry – An industry that involved the chemical or mechanical transformation of iconographic products whether it is done in house or in factory. 31. Museum – A nonprofit, non-commercial establishment operated as a repository or a collection of natural scientific, literary or cultural objects or interest such as work of art. This does not include the regular sale distributions of objects collected. 32. Nursery/Day Care Centers – A place where the pre-school children are temporarily trained and cared for in the absence of their parents. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 33. Open Storage – A designated open area for storing bulks of any particular stocks without any roof and exposed to elements. 34. Park – A pleasure ground set part for recreation of the public to promote sound health and enjoyment. 35. Parking, Multi-Level - A building of several floors used for temporary parking motor vehicles, which may be provided with services allowed in a service station. 36. Parking Lot – An off-street open area, principally used for parking motor vehicles whether for compensation or not, by the public clients or customers. 37. Private Pet House – A building or structure for keeping domestic pets, for the enjoyment as well as protection of the residents’ family members. 38. PUB Terminal – A main station or designated place where public utility buses/vehicles shall only load or unload passengers and/or goods. 39. Reclamation – Land reclaimed from the sea and other bodies of water. 40. Recreational Center – A place, compound or building or a portion thereof, open to the public for recreational and entertainment purposes. 41. Residential Condominium – A building containing at least five or more apartment units with common areas and facilities, where each apartment owner having exclusive ownership and possession of its apartment. 42. Servant’s Quarter – A room within a dwelling or in an accessory building where servants, maids or helpers of the family are housed. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 43. ice 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: 43.1. Sale and serving of minor motion components and accessories of spark plugs, batteries and distributor 43.3. Radiator cleansing and flushing 43.4. Washing and polishing, and sale of automotive washing and polishing materials, greasing and lubrication 43.5 Sales of soft drinks, package foods, tobacco and similar convenient goods for service station customers as accessory and incidental to the principal operations 43.6. Provision of road maps and other informational materials to customers. 43.7 Provision of rest room facilities Note: Major mechanical and body works, straightening of body parts, painting, welding, storage of automobiles that are not in operating conditions, or other works involving noise, glare, fumes, smoke of other characteristics to any extent greater than normally found in service stations are not permitted at a service station. 44. Shopping Center – A group of not less than 15 contiguous retail stores, originally planned and developed as a single unit, with immediate adjoining off-street parking facilities. 45. Store – A building or structure devoted exclusively to the retail sale of a commodity or commodities. 46. Theater – A structure used for dramatic, operatic, motion picture and other performances for admission to which entrance fee or money is received but no audience participation and meal service are allowed. Municipality of Aliaga, Nueva Ecija Comprehensive Land Use Plan and Zoning Ordinance (2012-2017) 47. Tourist Inn or Pension House – Any building or structure regularly Catering to tourist and travelers, containing several independent rooms, providing common facilities such as toilet rooms, living and dining rooms and kitchen, and where a combination of board and lodging may be provided. 48. Warehouse – Any building/structure, the primary or principal purpose of which is the storage in bulk or in large quantities of goods, wares, merchandise, utilities including hemp, cement, fertilizer, carbon, forest products, etc. Said building/structure must be of such size that it can accommodate inside within its premises, cargo/delivery trucks to facilitate the loading and unloading of the stored items/commodities therein. 49. Yard – An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward. 50. Zone – District into which the community is divided where regulations are applicable. |
Office/DepartmentAdministrator
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