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Art. III - Definition of Terms
Updated March 19, 2023
Discover the provisions of the municipal zoning ordinance of Rosario, Batangas through a series of informative blog posts. Learn about zoning classifications, land use regulations, and more.
Republic of the Philippines
MUNICIPALITY OF ROSARIO
Province of Batangas
COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE: 2016-2030
VOLUME 2 - THE ZONING ORDINANCE
Version 6.1 with PLUC Comments Adopted
Article III – Definition of Terms
The definition of the terms used in this Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and Regulations promulgated by the Housing and Land Use Regulatory Board. The words, terms and phrases enumerated hereunder shall be understood to have the corresponding meaning indicated as follows:
Absolute Majority Vote - means that the "in favor" votes represent more than 50 percent of the valid votes. This is also called the 50% + 1 vote.
Accessory Use - pertains to those that are customarily associated with the Principal Use application (such as a garage is accessory to a house).
Active Fault Overlay Zone (FLT-OZ) - an area in a city/municipality defined by five (5)-meter wide strips on both sides of and running along identified earthquake faults. The objective of this overlay zone is to minimize the possible harmful effects of fault movements to properties.
Actual Use - refers to the purpose for which the property is principally or predominantly utilized by the person in possession of the property.
AFMA - shall refer to the Agriculture and Fisheries Modernization Act of 1997 or RA 8435.
Agricultural Activity - per the Comprehensive Agrarian Reform Law of 1988 (RA 6657), means the cultivation of the soil, planting of crops, growing of fruit trees, raising of livestock, poultry or fish, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural or juridical.
Agricultural Land - per RA 6657, refers to land devoted to agricultural activity and not classified as mineral, forest, residential, commercial or industrial land.
Agricultural Land Use Conversion - per RA 6657, refers to the process of changing the use of agricultural land to non-agricultural uses.
Agricultural Zone (AGZ) - an area within a city/municipality intended for the cultivation of the soil, planting of crops, growing of trees, raising of livestock, poultry, fish or aquaculture production, including the harvesting of such farm products, and other farm activities and practices performed in conjunction with such farming operations. (AFMA)
Agri-Industrial Zone (AgIndZ) - an area within a city/municipality intended primarily for integrated farm operations and related product processing activities such as plantation for bananas, pineapple, sugar, etc; in addition, are locations for commercial-scale poultry (capacity 10,000 heads and above) and piggery farms (capacity 100 heads and above)
Agri-Processing Activities - "refers to the processing of raw agricultural and fishery products into semi-processed or finished products which include materials for the manufacture of food and/or non-food products, pharmaceuticals and other industrial products." (AFMA)
Agro-Forestry - land management which combines agricultural crops with tree crops and forest plants and/or animals simultaneously or sequentially and applies management practices which are compatible with the cultural patterns of the local population.
Allowable Uses - uses that conform to those allowed in a specific zone.
Ancestral Domains - per the Indigenous Peoples Rights Act of 1997 (RA 8371), these refer to all areas generally belonging to Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) comprising lands, inland waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs.
Ancestral Lands - refer to land occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs..."(IPRA).
Ancestral Domain Overlay Zone (AD-OZ) - an area in a city/municipality intended for the preservation of the traditional way of life of indigenous people.
Aquaculture Sub-Zone (Aq-SZ) - an area within the Municipal Waters Zone of a city/ municipality designated for "fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas" (Fisheries Code).
Aquasilviculture - an environment-friendly mangrove aquaculture system, aquasilviculture promotes the harmonious co-existence between fishery species and mangrove trees in a semi-enclosed system. In many regions, the trainees are taught pen design and construction and mudcrab culture. The culture system helps in providing alternative livelihood to fisherfolk while instilling in them the value of coastal protection and maintenance of the ecosystem.
Base Flood Elevation - the elevation to which floodwater is expected to reach during flood events as calculated by the regional office of the DPWH.
Base Zones - refers to the primary zoning classification of areas within the City/Municipality and that are provided with a list of allowable uses and regulations on building density and bulk, among others.
Basic R-2 Sub-Zone (BR2-SZ) - an area within the R-2 Zone of a city/municipality where the number of allowable storeys/floors above established grade is three (3) and the BHL is 10.0 meters above highest grade (NBC).
Basic R-3 Sub-Zone (BR3-SZ) - an area within the R-3 Zone of a city/municipality where the number of allowable storeys/floors above established grade is three (3) and the BHL is 10.0 meters above highest grade (NBC).
Billboards Overlay Zone (BB-OZ) - an area in a city/municipality designated for the regulated placement of billboards.
Buffer/Greenbelt Zone (B/GZ) - an area within a city/municipality that are yards, parks or open spaces intended to separate incompatible elements or uses to control pollution/ nuisance and for identifying and defining development areas or zones where no permanent structures are allowed.
Building Height Limit (BHL) - per the National Building Code, this is "the maximum height to be allowed for buildings/ structures. and shall be generally measured from the established grade line to the topmost portion of the proposed building/structure. If applicable, the BHL may be subject to clearance requirements of the Civil Aviation Authority of the Philippines (CAAP) or the concerned military/security authorities." BHL is expressed as the number of allowable storeys/floor above established grade and/ or meters above highest grade.
Cemetery/Memorial Park Zone (C/MP-Z) - an area in a city/municipality intended for the interment of the dead.
Certificate of Ancestral Domain Title (CAD/T) - a title formally recognizing the rights of possession and ownership of ICCs/IPs over their ancestral domains that have been identified and delineated in accordance with Indigenous Peoples Rights Act (RA 8371).
Certificate of Ancestral Lands Title (CAL/T) - refers to a title formally recognizing the rights of ICCs/IPs over their ancestral lands (RA 8371).
Certificate of Non-Conformance - certificate issued to Owners of non-conforming uses as provided in this Zoning Ordinance.
Central Business District (CBD) - shall refer to areas designated principally for trade, services and business purposes.
Civil Reservation Sub-Zone (CR-SZ) - an area within the Forest Zone of cities/municipalities that "refers to lands of public domain which have been proclaimed by the President of the Philippines for specific purpose such as town sites, resettlement areas, ancestral lands, etc." (NSCB)
Class "AAA" Slaughterhouse/Abattoir - those with facilities and operational procedures appropriate to slaughter livestock and fowls for sale in any market, domestic or international.
Class "AA" Slaughterhouse/Abattoir - those with facilities and operational procedures sufficiently adequate that the livestock and fowls slaughtered therein is suitable for sale in any market within the country.
Class "A" Slaughterhouse/Abattoir - those with facilities and procedures of minimum adequacy that the livestock and the fowls slaughtered therein are suitable for distribution and sale only within the city or municipality where the slaughterhouse is located.
Commercial-1 Zone (C1-Z) - a low density commercial area within a city/municipality intended for neighborhood or community scale trade, service and business activities.
Commercial-2 Zone (C2-Z) - a medium to high density commercial area within a city/municipality intended for trade, service and business activities performing complementary/supplementary functions to the CBD.
Commercial-3 Zone(C3-Z) - a high density commercial area within a city/municipality intended for regional shopping centers such as large malls and other commercial and business activities which are regional in scope or where market activities generate traffic and require utilities and services that extend beyond local boundaries and requires metropolitan level development planning and implementation. High rise hotels, sports stadium or sports complexes area also allowed in this zone. This zone may also be called as the Central Business District (CBD).
Commercial Garage - a garage where automobiles and other motor vehicles are housed, cared for, equipped, repaired or kept for remuneration, for hire or sale.
Compatible Uses - different uses capable of existing harmoniously within a zone, e.g. residential and parks and playground uses subject to the conditions stipulated in the Zoning Ordinance.
Comprehensive Land Use Plan (CLUP) - is a technical document embodying specific proposals and strategies for guiding, regulating growth and/or development that is implemented through the Zoning Ordinance. The main components of the Comprehensive Land Use Plan in this usage are the land use plan and sectoral studies including Demography, Ecosystems Analysis (Terrestrial and Coastal), and Special Area Studies such as Climate Change Adaptation, Disaster Risk Reduction and Management, Ancestral Domain, Biodiversity, Heritage Conservation and Green Urbanism.
Comprehensive Development Master Plan (CDMP) - a unitary development plan/ site plan that permits flexibility in planning/urban design, building/structure siting, complementary of building types and land uses, usable open spaces for general public uses services and business activities and the preservation of significant land features (NBC) and may also be referred to as a Master Development Plan.
Conflicting Uses - uses or land activities with contrasting characteristics and adjacent to each other e.g. residential units adjacent to industrial plants.
Conforming Use - a use that is in accordance with the zone regulations as provided for in the Ordinance.
Critical Habitat Overlay Zone (CH-OZ) - an area in a city/municipality determined to be essential to the conservation of a listed species, though the area need not actually be occupied by the species at the time it is designated.
Deed Restrictions - written agreements that impose limitations on the use of property in order to maintain the intended character of a neighborhood.
Easement - open space imposed on any land use/activities sited along waterways, fault lines, road-rights-of-way, cemeteries/memorial parks, utilities and the like.
Established Grade - the finish ground level of a proposed development which shall be determined according to the provisions of the latest edition of the National Building Code.
Ecotourism - a form of sustainable tourism within a natural and cultural heritage area where community participation, protection and management of natural resources, culture and indigenous knowledge and practices, environmental education and ethics, as well as economic benefits are fostered and pursued for the enrichment of host communities and the satisfaction of visitors." (Tourism Act and DENR AO2013-19 Guidelines on Ecotourism Planning and Management in Protected Areas)
Ecotourism Overlay Zone (ETM-OZ) - an area in a city/municipality intended for ecotourism uses.
Environmentally Constrained Areas - areas prone to natural hazards, such as those related to weather, hydrologic, and geologic disturbances. These hazards cover those that are weather and water-related, earthquake-induced, volcanic and erosion-related.
Environmentally Critical Areas (ECA) - refer to those areas which are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 1981, as follows:
1) All areas declared by law as national parks, watershed reserves, wildlife preserves and sanctuaries;
2) Areas set aside as aesthetic potential tourist spots;
3) Areas which constitute the habitat for any endangered or threatened species of indigenous Philippine wildlife (flora and fauna);
4) Areas of unique historic, archaeological, or scientific interests;
5) Areas which are traditionally occupied by cultural communities or tribes;
6) Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods, typhoons, volcanic activity, etc.);
7) Areas with critical slopes;
8) Areas classified as prime agricultural lands;
9) Recharge areas of aquifers;
10) Water bodies characterized by one or any combination of the following conditions:
i. tapped for domestic purposes;
ii. within the controlled and/or protected areas declared by appropriate authorities; and
iii. which support wildlife and fishery activities.
Proponents of Projects within ECAs are required to submit Initial Environmental Examinations to DENR Regional Offices. They may later be required by the DENR to submit an EIS, if necessary.
Environmentally Critical Projects (ECP) - refer to those projects which have high potential for negative environmental impacts and are listed in Presidential Proclamation 2146 dated December 14, 1981, as follows:
1) Heavy industries:
i. on-ferrous metal industries;
ii. iron and steel mills;
iii. petroleum and petro-chemical industries including oil and gas; and
iv. smelting plants.
2) Resource extractive industries:
i. major mining and quarrying projects; and
ii. forestry projects such as logging, major wood processing, introduction of fauna (exotic animals) in public/private forests, forest occupancy, extraction of mangroves and grazing;
iii. fishery projects (dikes for/and fishpond development projects).
3) Infrastructure projects
i. major dams;
ii. major power plants (fossil-fueled, nuclear-fueled, hydroelectric or geothermal);
iii. major reclamation projects, and
iv. major roads and bridges.
4) Golf course projects
Proponents of ECPs are required to submit an EIS to the Environmental Management Bureau (EMB) of the DENR.
Environmental Impact Statement (EIS) System - pursuant to PD 1586 of 1978, refers to the entire process of organization, administration and procedure institutionalized for the purpose of assessing the significance of the effects of physical developments on the quality of the environment. Projects that fall within the purview of the EIS System include:
1) Environmentally Critical Projects
2) Projects located in Environmentally Critical Areas
Exception - a device which grants a property owner relief from certain provisions of the 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.
Fishery Refuge and Sanctuary Sub-Zone (FRS-SZ) - an area within the Municipal Waters Zone of a city/municipality "where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted." (Fisheries Code)
Fishery Reserve Sub-Zone (FyR-SZ) - an area within the Municipal Waters Zone of a city/ municipality "where activities are regulated and set aside for educational and research purposes."(Fisheries Code).
Fish Pond - "a land-based facility enclosed with earthen or stone material to impound water for growing fish."(Fisheries Code).
Flood Overlay Zone (FLD-OZ) - an area in a city/municipality that have been identified as prone to flooding and where specific regulations are provided in order to minimize its potential negative effect to developments.
Flood Protection Elevation - the minimum elevation to which developments are required by this Ordinance to be elevated, with reference to the Base Flood Elevation, in order to be flood proofed.
Floor Area Ratio 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 any 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 capacity to support development in terms of the absolute level of density that the transportation and other utility networks can support.
Foreshore Land Sub-Zone (FL-SZ) - an area within the Municipal Waters Zone of a city/ municipality defined as a "string of land margining a body of water; the part of a seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm" (Fisheries Code).
Forest - refers to either natural vegetation or plantation of crops mainly of trees, or both, occupying a definable, uninterrupted or contiguous area exceeding but not less than one hectare with tree crown covering at least ten percent (10%) of the areas, exclusive of the associated seedlings, saplings, palms, bamboos and other undercover vegetation. A natural forest is a stand dominated by trees whose structure, functions and dynamics have been largely the result of natural succession process. A natural forest is classified as either 1) primary or virgin forest which has not never been subjected to significant human disturbance, or has not been significantly affected by the gathering of forest products such that its natural structure, functions and dynamics have not undergone any major ecological change; or 2) secondary or residual forest that maybe classified into either degraded or productive type (DENR DAO No. 99-53).
Forest Buffer Sub-Zone (FB-SZ) - an area within the Forest Zone of a city/municipality which are "outside the boundaries and immediately adjacent to designated protected areas that need special development control in order to prevent or minimize harm to the protected area (NIPAS Act)."
Forest Lands -"include the public forest, permanent forest or forest reserves, and forest reservations" (PD 1559. Further Amending PD 705, otherwise known as the Revised Forestry Code of the Philippines. 1978).
Forest Reservation - refers to forest lands which have been reserved by the President of the Philippines for any specific purpose or purposes (Forestry Code)."
Forest Reserve Sub-Zone (FR-SZ) - an area within the Forest Zone of a city/municipality, which "refers to those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes. Also called "Permanent Forest"(Revised Forestry Code, PD 1559)
Forest Zone (FZ) - an area within a city/municipality which are intended primarily for forest purposes. This includes Forest Lands and areas outside of Forest Lands that are declared for forest purposes by this Ordinance.
Forestry Code - refers to Presidential Decree No. 705 or the Revised Forestry Code of the Philippines, as amended.
General Commercial Zone (GC-Z) - an area within a city/municipality intended for trading/services/ business purposes.
General Institutional Zone (GI-Z) - an area within a city/municipality intended principally for general types of institutional establishments, e.g. government offices, hospitals/ clinics, academic/research and convention centers.
General Residential Zone (GR-Z) - an area within a city/municipality intended principally for dwelling/ housing purposes.
Grazing Land Sub-Zone (GZ-SZ) - "refers to that portion of the public domain which has been set aside, in view of the suitability of its topography and vegetation, for raising of livestock." (Revised Forestry Code, DENR DAO No. 99-36)
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:
1) Office areas
2) Residential areas
3) Corridors
4) Lobbies
5) Mezzanine
6) Vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues, pipe shafts, vertical ducts, and the like, and their enclosing walls
7) Rest rooms or toilets
8) Machine rooms and closets
9) Storage rooms and closets
10) Covered balconies and terraces
11) Interior walls and columns, and other interior features
But excluding:
1) Covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present;
2) Uncovered areas for AC cooling towers, overhead water tanks, roof decks, laundry areas and cages, wading or swimming pools, whirlpools or jacuzzis, gardens, courts or plazas.
Heritage Act - shall mean the National Cultural Heritage Act of 2009 or RA 10066.
Heritage Overlay Zone (HTG-OZ) - an area in a city/municipality that refers "to historical, anthropological, archaeological, artistic geographic areas and settings that are culturally significant to the country, as declared by the National Museum and/ or the National Historic Institute."(Heritage Act)
Historic Center – 1) historic zone, district, core, precinct, town, legacy zone, heritage area, zone or town; 2) a designated area with historical and other special significance, consisting of buildings or group of buildings and their environs that collectively contribute to the area's importance and character;
3) a place where a significant event in history occurred; 4) any town, district, or ancient settlement site with specific history and/or cultural significance. Historic centers are sometimes called living museums, outdoor museums, or museum preserves. Whether inhabited or un-inhabited, historic centers are preservation areas. (Heritage Act).
Industrial-1 Zone (I1-Z) - an area within cities/municipalities intended for light manufacturing or production industries that are:
1) non-pollutive/non-hazardous; and
2) non-pollutive/hazardous.
Industrial-2 Zone (I2-Z) - an area within cities or municipalities intended for medium intensity manufacturing or production industries that are:
1) pollutive/non-hazardous; and
2) pollutive/hazardous.
Industrial-3 Zone (I3-Z) - an area within cities or municipalities intended for heavy manufacturing or production industries that are:
1) highly pollutive/non-hazardous;
2) highly pollutive/hazardous;
3) highly pollutive/extremely hazardous;
4) pollutive/extremely hazardous;
5) non-polllutive/extremely hazardous.
Industrial Forest Plantation Sub-Zone (IFP-SZ) - an area within the Forest Zone of a city/ municipality that "refers to any tract of land planted mainly to timber producing tree species, including rubber, and/or non-timber species such as rattan and bamboo, primarily to supply the raw material requirements of forest based industries, among others" (DENR DAO No. 99-53).
Inland Fishery - the freshwater fishery and brackish water fishponds ((Fisheries Code)
Innovative Design - introduction and/or application of new/creative designs and techniques in development projects e.g. Planned Unit Development.
Key Biodiversity Area Overlay Zone (KBA-OZ) - an area in a city/municipality which are determined to be "globally significant sites for biodiversity conservation" (DENR, Conservation International Philippines & Haribon Foundation for the Conservation of Nature).
Lake Sub-Zone (La-SZ) - an area in the Municipal Waters Zone of a city/municipality defined as "an inland body of water, an expanded part of a river, a reservoir formed by a dam, or a lake basin intermittently or formerly covered by water." (Fisheries Code)
Landslide Overlay Zone (LSD-OZ) - an area in a city/municipality that have been identified as highly susceptible to landslides and where specific regulations are provided in order to minimize its potential negative effect to developments.
Local Zoning Board of Appeals (LZBA) - a local special body created by virtue of this Ordinance mandated to, among others, handle appeals for Variances and Exceptions.
Locational Clearance (LC) - a clearance issued by the Zoning Administrator/Zoning Officer to a project that is allowed under the provisions of this Ordinance.
Locational Clearance (Variance) (LC-V) - a clearance issued by the LZBA to a project that is allowed under the Mitigating Device/Variance provision of this Ordinance.
Locational Clearance (Exception) (LC-E) - a clearance issued by the LZBA to a project that is allowed under the Mitigating Device/Exception provision of this Ordinance.
Mangrove Sub-Zone (Mn-SZ) - an area in the Municipal Waters Zone of a city/municipality defined as "a community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts, swamps, or border of swamps" (Fisheries Code).
Mariculture - a specialized branch of aquaculture involving the cultivation of marine organisms for food and other products in the open ocean, an enclosed section of the ocean, or in tanks, ponds or raceways which are filled with seawater.
Mariculture Zone and Park (MZP) - an area "designed to produce fishes thru sea cage culture such as bangus, siganids, groupers, red snappers, seaweeds farming, aquasilviculture, mussel culture, oyster culture, sea ranching of lobsters and seahorses in coral reefs and sea grass areas, and others that may be developed through the continuing research and development program of the Bureau of Fisheries and Aquatic Resources (BFAR) and other institutions" (BFAR).
Maximum R-2 Sub-Zone (MR2-SZ) - an area within the R-2 Zone of a city/municipality where the number of allowable storeys/floors above established grade is five (5) and the BHL is 15.00 meters above highest grade (NBC).
Maximum R-3 Sub-Zone (MR3-SZ) - an area within the R-3 Zone of a city/municipality where the number of allowable storeys/floors above established grade is twelve (12) and the BHL is 36.00 meters above established grade (NBC).
Mineral Land Zone (ML-Z) - an area in a city/municipality "where mineral resources and found" and declared by the government as having mineral resources in accordance with the Mining Act.
Mineral Reservation Sub-Zone (MNR-SZ) - an area in a city/municipality that are "mineral reservations established by the President of the Philippines in order "to preserve strategic raw materials for industries critical to national development, or certain minerals for scientific, cultural or ecological value." Per the same Act, these also include "all submerged lands within the contiguous zone and in the exclusive economic zone of the Philippines." (Mining Act)
Mining Act - shall refer to the Philippine Mining Act of 1995 or RA 7942.
Military Reservation Sub-Zone (MR-SZ) - an area within the Forest Zone of a city/municipality which "refers to land of the public domain which has been proclaimed by the President of the Philippines for military purposes such as Airbase, Campsite, Docks and Harbors, Firing Ranges, Naval Base, Target Range, Wharves, etc." (NSCB).
Mitigating Device - a means to grant relief in complying with certain provisions of the Ordinance such as, but not limited to, those pertaining to use, building bulk and density, and performance standards.
Municipal Waters Zone (WZ) - per Republic Act No. 8550 or the Philippines Fisheries Code of 1998, this zone covers the Municipal Waters which "include not only streams, lakes, inland bodies of water and tidal waters within the (city) municipality which are not included within the protected areas as defined under Republic Act No. 758 6 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters...(boundary delineation defined in the Fisheries Code)."
National Park Sub-Zone (NP-SZ) -an area within the Forest Zone of a city/municipality that "refers to a forest land reservation essentially of primitive or wilderness character which has been withdrawn from settlement or occupancy and set aside as such exclusively to preserve the scenery, the natural and historic objects and the wild animals or plants therein, and to provide enjoyment of these features in such a manner as will leave them unimpaired for future generations." (NIPAS Act).
Navigational Lane - areas in cities/municipalities designated for the passage of water vessels.
NIPAS Act - shall refer to the National Integrated Protected Areas System Act of 1992 or RA 7586.
NIPAS: Multiple Use Sub-Zone (NMU-SZ) - an area that "pertains to the management zone of protected areas" of a city/municipality "where settlement, traditional and/or sustainable land use, including agriculture, agroforestry and other income generating or livelihood activities may be allowed consistent with the Management Plan." (5.10 of DENR Administrative Order No. 2008-26)
NIPAS: Strict Protection Sub-Zone (NSP-SZ) - an area within the Forest Zone of a city/ municipality that have ".high bio-diversity value which shall be closed to all human activity except for scientific studies and/ or ceremonial or religious use by indigenous communities." (NIPAS Act)
Non-Conforming Use - uses existing prior to the approval of this Zoning Ordinance that are not in conformity with its provisions but are allowed to operate subject to the conditions of this Zoning Ordinance.
Non-NIPAS Areas - areas yet un-proclaimed by law, presidential decree, presidential proclamation or executive order as part of the NIPAS Areas. Per the National Physical Framework Plan, these areas should be given equal importance, as in NIPAS Areas, in terms of conservation and protection. These include:
1) Reserved second growth forests;
2) Mangroves;
3) Buffer strips;
4) Freshwater swamps and marshes; and
5) Un-proclaimed watersheds.
Notice of Non-Conformance - notice issued to owners of all uses existing prior to the approval of the Ordinance which do not conform to the provisions herein provided.
Network of Protected Areas for Agriculture and Agro-Industrial Development (NPAAAD) - per AFMA, refers to agricultural areas identified by the Department of Agriculture in coordination with the National Mapping and Resource Information Authority in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth. The NPAAAD covers the following:
1) All irrigated areas;
2) All irrigable lands already covered by irrigation projects with firm funding commitments;
3) All alluvial plain land highly suitable for agriculture whether irrigated or not;
4) Agro-industrial croplands or lands presently planted to industrial crops that support the viability of existing agricultural infrastructure and agro-based enterprises;
5) Highlands or areas located at an elevation of 500 meters or above and have the potential for growing semi-temperate and high-value crops;
6) All agricultural lands that are ecologically fragile, the conversion of which will result in serious environmental degradation; and
7) Mangrove areas and fish sanctuaries.
Official Zoning Map - a duly authenticated map delineating the different zones into which the whole City/Municipality is divided.
Open Space (OS) - as used in this Ordinance, an area where permanent buildings shall not be allowed and which may only be used as forest, buffer/greenbelts, parks and playgrounds.
Overlay Zones (OZ) - a "transparent zone" that is overlain on top of the Basic Zone or another Overlay Zone that provides an additional set (or layer) of regulations.
Parks and Recreation Zone (PR-Z) - an area in a city/municipality designed for diversion/ amusements and for the maintenance of ecological balance.
Planned Unit Development (PUD) - a land development scheme wherein the project site is comprehensively planned as an entity via unitary site plan which permits flexibility in planning/design, building siting, complementarity of building types and land uses, usable open spaces and the preservation of significant natural land features.
Production Agricultural Sub-Zone (PDA-SZ) - an area within the Agricultural Zone of cities/ municipalities that are outside of NPAAAD and declared by the City/Municipality for agricultural use.
Production Forest - an area within a city/municipality which are "forestlands tended primarily for the production of timber. These are areas below 50% in slope and less than 1,000 meters in elevation. This includes natural and man-made forests."(DENR DAO 9515). Forest lands available for timber and agro-forestry production, range lands for grazing and other forest lands special uses. (FM Technical Bulletin No.5 as cited in ITTD PD 222/03 Rev.1)
Protected Areas - areas declared as belonging to the NIPAS System per NIPAS Act. These areas are those that have been designated or set aside pursuant to a law, presidential decree, presidential proclamation or executive order. These include:
1) Strict nature reserves;
2) Natural parks;
3) National monuments;
4) Wildlife sanctuary;
5) Protected landscapes and seascapes;
6) Resource reserves;
7) Natural biotic areas; and
8) Other categories established by law, conventions or international agreements which the Philippine Government is a signatory.
Protected Area Management Board (PAMB) - per the NIPAS Act's IRR, a board established for NIPAS areas that shall, among others:
1) Decide matters relating to planning, resource protection and general administration of the area in accordance with the General Management Planning Strategy (GMPS);
2) Approve proposals, work plans, action plans, guidelines, for management of the protected area in accordance with the approved Management Plan;
3) Delineate and demarcate protected area boundaries, buffer zones, ancestral domains;
4) Promulgate rules and regulations to promote development programs and projects on biodiversity conservation and sustainable development;
5) Control and regulate the construction, operation and maintenance of roads, trails, water works, sewerage, fire protection and sanitation systems and other utilities within the protected area.
Protected Area Management Plan (PAMP) - a document required for NIPAS areas that "shall, as a minimum, promote the adoption and implementation of innovative management techniques including if necessary, the concept of zoning, buffer zone management for multiple use and protection, habitat conservation and rehabilitation, site-specific policy development, pest management, and fire control..." (NIPAS Act)
Protection Agricultural Sub-Zone (PTA-SZ) - an area within the Agricultural Zone of cities/ municipalities that include the NPAAAD which are "agricultural areas identified by the Department (Agriculture) through the Bureau of Soils and Water Management (BSWM) in coordination with the National Mapping and Resource Information Authority (NAMRIA) in order to ensure the efficient utilization of land for agriculture and agro-industrial development and promote sustainable growth."
Protection Forest - an area within a city/municipality that are "forestlands outside NIPAS obtained essentially for their beneficial influence on soil and water in particular and the environment in general. (DENR DAO 95-15). Areas wholly or partially covered with woody vegetation manage primarily for its beneficial effects on water, climate, soil, aesthetic value and preservation of genetic diversity. (FMB Technical Bulletin No.5 as cited in ITTD PD 220/03 Rev.1)
Quarry Sub-Zone (Q-SZ) - an area within the Mineral Land Zone of a city/ municipality that are " declared by the Director of Mines and Geosciences Bureau as having "quarry resources such as, but not limited to, andesite, basalt, conglomerate, coral sand, diatomaceous earth, diorite, decorative stones, gabbro, granite, limestone, marble, marl, red burning clays for potteries and bricks, rhyolite, rock phosphate, sandstone, serpentine, shale, tuff, volcanic cinders, and volcanic glass." (Mining Act)
Quarrying - shall mean "the process of extracting, removing and disposing quarry resources found on or near the surface of private or public land" (Mining Act).
Reclassification of Agricultural Lands - "the act of specifying how agricultural lands shall be utilized for non-agricultural uses such as residential, industrial, and commercial as embodied in the CLUP" (LGC and MC 54)
Residential-1 Zone (R1-Z) - an area within a city/municipality intended for low density residential use. Per the National Building Code, R-1 Zone is characterized mainly by low-rise single-detached and duplex residential buildings for exclusive use as single (nuclear) family dwellings.
Residential-2 Zone (R2-Z) - an area within cities or municipalities intended for medium density residential use. Per the National Building Code, R-2 Zone is characterized mainly by low-rise single-attached, duplex or multi-level structures residential buildings for exclusive use as multi-family dwellings.
Residential-3 Zone (R3-Z) - an area within cities or municipalities intended for medium to high density residential use. Per the National Building Code, R3 Zone is characterized mainly by low-rise or medium-rise residential buildings for exclusive use as multi-family dwellings with mixed housing types.
Residential-4 Zone (R4-Z) - an area within cities or municipalities intended for medium to high density residential use. Per the National Building Code, R4 Zone is characterized mainly by low-rise townhouse buildings/structures for exclusive use as multiple family dwellings.
Residential-5 Zone (R5-Z) - an area within cities or municipalities intended for very high density residential use. Per the National Building Code, R4 Zone is characterized mainly by medium-rise or high-rise condominium buildings/structures for exclusive use as multiple family dwellings.
Rezoning - a process of introducing amendments to or change in the existing zoning of a particular area and reflected in the text and maps of the Ordinance.
Scenic Corridor Overlay Zone (SCD-OZ) - an area in a city/municipality that have high scenic vistas and where specific regulations are provided in order to ensure that these vistas are preserved for the enjoyment of the general public.
Small-Scale Mining Sub-Zone (SsM-SZ) - an area within the Mineral Land Zone of a city/ municipality that are" identified, segregated and reserved by the DENR from certain mineral lands as people's small-scale mining areas." (People's Small-Scale Mining Act of 1991)
Socialized Housing - refers to housing programs and projects covering houses and lots or home lots only undertaken by the Government or the private sector for the underprivileged and homeless citizens (UDHA)
Socialized Housing Zone (SH-Z) - an area in a city/municipality designated for socialized housing projects.
Special Institutional Zone (SI-Z) - an area in a city/municipality intended principally for particular types of institutional establishments e.g. welfare homes, orphanages, home for the aged, rehabilitation and training centers, military camps/reservation/ bases/ training grounds, etc.
Special Use Sub-Zone (SU-SZ) - an area within the Forest Zone of a city/municipality where "all types of legal uses of the forestlands other than the production of timber and non-timber resources which are covered by other agreements, such as, but not limited to Integrated Forest Management Agreement (IFMA), Socialized Industrial Forest Management Agreement, etc." may be allowed"(DENR DAO 2004-59)
Strategic Agriculture and Fisheries Development Zone (SAFDZ) - refers to "areas within the NPAAAD identified for production, agro-processing and marketing activities to help develop and modernize, with the support of government, the agriculture and fisheries sectors in an environmentally and socio-culturally sound manner" (AFMA).
Sustainable Urban Drainage System (SUDS) - a low impact system intended to drain surface water run-off through a series of collection, storage and cleaning stages before it is released back into the environment.
Tourism Act - shall mean the Tourism Act of 2009 or RA 9593.
Tourism Zone - are sites within cities and municipalities endowed with natural or manmade physical attributes and resources that are conducive to recreation, leisure and other wholesome activities.
Transit-Oriented Development Overlay Zone (TOD-OZ) - an area around transit centers in a city/municipality where commercial and residential growth are encouraged in order to maximize access to public transit.
Tree Farm - "refers to any tract of forest land purposely and extensively planted to trees of economic value for their fruits, flowers, leaves, barks or extractives, but not for the wood thereof" (Forestry Code).
UDHA - shall mean the Urban Development and Housing Act of 1992 or RA 7279.
Urban Corridor Overlay Zone (UCD-OZ) - an area in a city/municipality which are along major transport routes and where specific regulations are provided that is intended to minimize roadside friction, maintain pedestrian walkways, etc.
Utilities, Transportation and Services Zone (UTS-Z) - an area in a city/municipality designated for "a range of utilitarian/ functional uses or occupancies, characterized mainly as a low-rise or medium-rise building/structure for low to high intensity community support functions, e.g. terminals, inter-modals, multi-modals, depots, power and water generation/distribution facilities, telecommunication facilities, drainage/wastewater and sewerage facilities, solid waste handling facilities and the like" (NBC).
Variance - a device which grants a property owner relief from certain provisions of the Zoning Ordinance where, because of the particular physical surrounding, shape or topographical condition of the property, compliance on applicable Building Bulk and Density Regulations, Building Design Regulations and Performance Standards would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or a desire to make more money.
Warehouse - refers to a storage and/or depository of those in business of performing warehouse services for others, for profit.
Water Code - shall mean the Water Code of the Philippines (Presidential Decree 1067)
Yard - as defined in the National Building Code, this is "the required open space left between the outermost face of the building/ structure and the property lines, e.g. front, rear, right and left side yards. The width of the yard is the setback."
Zone/Sub-Zone - an area within a city/municipality for specific land use as defined by manmade or natural boundaries.
Zoning Administrator/Zoning Officer - a city/municipal government employee responsible for the implementation/enforcement of the Zoning Ordinance.
Zoning Certificate - a document issued by the Zoning Administrator citing the zoning classification of the land based on this Ordinance.
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