ZONING REGULATIONS

and ENFORCEMENT

Prof. Ernesto M. Serote

School of Urban and Regional Planning
University of the Philippines, Diliman
 Zoning

Defined
The division of the city into districts or
zones & prescribing regulations for the use of
each district or zone

Basis of LGU authority to zone

• Constitution, Art. XIII, Sec. 1 & Art. XII, Sec. 6
• Local Government Code, Sec. 20 (c) & Sec. 447,
458, 468
Art. XIII, Sec. 1 - Philippine Constitution

The Congress shall give highest priority to the

enactment of measures that protect & enhance
the right of all the people to human dignity,
reduce social, economic and political
inequalities, & remove cultural inequities by
equitably diffusing wealth & political power for
the common good.

To this end, the State shall regulate the

acquisition, ownership, use & disposition of
property & its increments.
Art. XII, Sec. 6 - Philippine Constitution

The use of property bears a social function,

& all economic agents shall contribute to the
common good. Individuals & private groups,
including corporations, cooperatives &
similar collective organizations, shall have
the right to own, establish & operate
economic enterprises, subject to the duty of
the State to promote distributive justice & to
intervene when the common good so
demands.
Powers of the Local Sanggunian regarding CLUP & Zoning

Sec. 447, 458, 468

• Prescribe reasonable limits & restraints on
the use of property

• Adopt a comprehensive land use plan for

the municipality/ city

• Reclassify lands within the jurisdiction of the

municipality

• Enact integrated zoning ordinances

 Political Implications of Zoning

• Withdrawal from individual property owners of

their right to develop their property

• Transfer of individual development right to

society at large by the local government to
promote social equity & general welfare
Technical Implication of New Zoning under RA 7160

• Zoning should be comprehensive in scope

• Zoning should embrace both land & water

use

• Zoning should cover the four policy areas of

settlements, infrastructure, production &
protection areas
ZONING MUST COVER ALL TERRITORIAL DOMAINS

LGU TERRITORY
TOTAL CATCHMENT CONCEPT
ZONING
MUST
COVER ALL
LAND USE
POLICY
AREAS
Transforming CLUP Land Use Types into Zoning Categories

The designation of zones or districts by the

local government units shall be based on
their comprehensive land use plan (CLUP).
Essentially, therefore, the technical
justifications of zoning lie with the planning
activities that led to the formulation of the
CLUP. (Model Zoning Ordinance of HLURB)
 SETTLEMENTS

Zoning Color Legen

Zone Class Zone District
Code Code d
UDZ1 Main Growth 1. Residential Yellow
Center
(Poblacion 2. Commercial Red
or
Equivalent)
3. Institutional Blue
4. Industrial Violet
5. Urban Utilities & Gray
Infrastructures
6. Open Space/ Dark
Urban Parks Green
 SETTLEMENTS

Zoning Color
Zone Class Zone District Legend
Code Code
UDZ2 Satellite Service
Center
1 SSC # 1 1. Residential Yellow
2. Commercial Red
3. Institutional Blue
4. Industrial Violet
5. Urban Utilities/ Gray
Infrastructures
6. Open Space/ Dark
Urban Parks Green
2 SSC # 2
3 SSC # 3
n
 SETTLEMENTS

Zoning Color
Zone Class Zone District Legend
Code Code
UDZ3 Barangay
Service Center
1 BSC # 1 1. Residential Yellow
2. Commercial Red
3. Institutional Blue
4. Industrial Violet
5. Urban Utilities/ Gray
Infrastructures
6. Open Space/ Dark
Urban Parks Green
2 BSC # 2
3 BSC # 3
n
 PRODUCTION

Zoning Color
Zone Class Zone District Legend
Code Code
ADZ1 Cultivated Rice, corn, other annual Light
Crop Zone crops , SAFDZ Green
ADZ1.1 Perennial Orchards, tree Light
Crop Zone plantations & expansion Green
areas & production
forests
ADZ2 Livestock & Cattle, small ruminants, Light
Poultry Areas swine, poultry including Green
fighting cock breeding
ADZ3 Fisheries Aquaculture/mariculture Aqua-
Zone areas, marine fishery/ marine
fishing ground
 PRODUCTION

Zoning Color
Zone Class Zone District Legend
Code Code
IDZ1 Agro- Processing areas for Lavender
Industrial grains, fruits, meat, fish
Zone & other agri products
IDZ2 Mining & Limestone, sand and Lavender
Quarrying gravel quarry, salt
Zone making
IDZ3 Small- DAIC/SEZ Lavender
Medium
Industry
 PRODUCTION

Zoning Color
Zone Class Zone District Legend
Code Code
TDZ1 Ecological/ Trekking, Mt. Biking, Orange
Nature dive sites
Tourism
TDZ2 Agricultural Crop, fishery, orchard Orange
Tourism
TDZ3 Beach & Swimming, picnic Orange
Offshore areas, sport fishing,
Recreation yachting, marina
TDZ4 Heritage/ Religious pilgrimage, Orange
Culture camping sites, them
Tourism parks
 PROTECTION

Zoning Color
Zone Class Zone District Legend
Code Code
COZ1 National/ NIPAS areas, Dark
Provincial permanent forests, Green
Park Zone mangroves
COZ1.1 NIPAS Buffer Dark
Green
COZ2 Wildlife Bird refuge, sea turtle Dark
Reserves/Fish reserves, Blue crab Green
Sanctuaries propagation
COZ3 Easements Coastal salvage zone, Dark
river easements, visual Green
corridors, utility & water
source buffers
COZ4 Environmental Faultlines, erosion- Dark
Hazard Zone prone areas, flood- Green
prone areas
 INFRASTRUCTURE & SPECIAL USE
Zoning Color
Zone Class Zone District Legend
Code Code
SUZ1 Cemeteries/ Funeral & embalming parlors, Silver
Memorial wake chapels & other
Parks undertaking services
SUZ2 Waste Landfill MRFs, STP sewerage Brown
Management
Centers
SUZ3 Navigation Sea lane & other related Light
Zone operational areas, anchorage, Blue
boat building, dry dock, slip
away, landing quay & related
infrastructures
SUZ4 Airport Zone Airport runway, associated Gray
infrastructure
SUZ5 Slaughter- Structure, stockyard & waste Black
house treatment facilities
SUZ6 Reclamation Faultlines, erosion-prone Light
Area areas, flood-prone areas Blue
 ZONE REGULATIONS

• should have legitimate, recognizable

public purposes

• should be clearly related to achievement of

those purposes

• should be the simplest regulations which

will achieve those purposes effectively
WHAT ZONING REGULATES

• land/water use
• use/building density
• building heights
• area standards
• road setbacks
• easements
• buffers
 Other Laws with Implication on Zoning

• AFMA (RA 8435)

Sec. 4 – LGUs shall continue to prepare

CLUPs but must integrate NPAAAD and
SAFDZ in land use plans and zoning
Other Laws with Implication on Zoning

• CARP (RA 6657)

Lands covered by CARP Law may not

be converted to non-agricultural use
without DAR Order of Conversion
Other Laws with Implication on Zoning

• DOJ Opinion #44, s. 1990

Lands classified as non-agricultural prior
to June 15, 1988

• Exemption from CARP

- Lands classified for residential,
commercial purposes, industrial or other
similar development

- CLUPs as basis for classification

 Other Laws with Implication on Zoning

• NIPAS (RA 7586)

- declared protected areas are not
subject to settlement, disposition or
development
- strict nature reserve, natural park,
natural monument, wildlife sanctuary
- protected landscapes and
seascapes, resource reserve, natural biotic
areas, etc.
 Other Laws with Implication on Zoning

Philippine Water Code (RA 1067)

The banks of rivers & streams & the shores of the seas
& lakes throughout their entire length and within a zone
of
3 meters in urban area
20 meters in agricultural areas &
40 meters in forest areas

Subject to the easement of public use in the interest of

recreation, navigation, floatage, fishing and salvage
 Other Laws with Implication on Zoning

• Code on Sanitation of the Philippines (PD 856)

- No artesian, deep or shallow well shall be

constructed within 25 meters from any source of pollution
- No burial ground shall be located within 50
meters from either side of the river or within 50 meters
from any source of water supply
- A burial ground shall at least be 25 meters distant
from any dwelling house and no house shall be
constructed within same distance from any burial ground
Zoning Administration
and Enforcement
 Local Chief Executive

Shall enforce and administer the

Zoning Ordinance through the Zoning
Administrator/ Zoning Officer
Powers and Functions of Zoning Administrator/
Zoning Officer

Enforcement
• Issuance of Locational Clearance
• Recommend to LZBAA the grant or denial of applications for
variances and exceptions and the issuance of Certificate of
Non-Conformance for non-conforming projects
• Monitor on-going/ existing projects
• Call/coordinate with the PNP for the enforcement of all orders
and processes issued in the ZO implementation
• Coordinate with Fiscal/ Attorney for other legal actions/
remedies

Planning
• Coordinate with HLURB regarding proposed amendments to
the Zoning Ordinances prior to adoption by the Sanggunian
 LZBAA

The Local Zoning Board of Adjustment

and Appeals is an administrative
regulatory agency of the local
government that exercises both original
and appellate functions in the
implementation of the local zoning
ordinance.
 Functions of the LZBAA

• Act on appeals from decisions of the Local

Zoning Administrator

• Act on applications on
- Variances
- Exceptions
- Nonconforming Uses
- Complaints and Opposition to
Applications
 Variance

A mitigating device, or a discretionary

permit given to a project proponent
allowing him to proceed with the use of
his property or development of project,
despite its noncompliance with the
physical standards
 Exception

An authorization granting a property

owner relief from ZO provisions
because of the specific use, resulting
to hardship upon the owner
 Appeals

Decisions of Local Zoning Boards of

Adjustments and Appeals are appealable
to the HLURB Board Commissioners

Within 15 days from decision

 Composition of LZBAA

Chaired by the local chief executive, it is composed of:

• Legal Officer
• Assessor
• Engineer
• Planning and development Coordinator
• Two representatives of the private sector
• Two representatives from NGOs

In the event of nonavailability of any of the officials

enumerated above, the Sanggunian shall elect the
number of its members as maybe necessary to meet the
total number above set forth as representatives.
 HLURB as Interim LZBAA

Pending the organization of an LZBAA,

the HLURB, through its Regional Offices
shall act and perform the functions of the
LZBAA
Thank you for your
attention. =)