Part I

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SANGGUNIANG BAYAN NG RODRIGUEZ Rodriguez, Rizal MUNICIPAL ORDINANCE NO. __________ Series of __________

AN ORDINANCE REVISING THE ZONING REGULATIONS OF THE MUNICPALITY OF RODRIGUEZ AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. Be it ordained enacted by the Sangguniang Bayan of Rodriguez: WHEREAS, the implementation of Comprehensive Land Use Plans would require the enactment of regulatory measures to translate its planning goals and objectives into reality; and a Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive land Use Plan; WHEREAS, THE LOCAL GOVERNMENT CODE AUTHORIZES THE LOCAL GOVERNMENT UNITS TO ENACT ZONING ORDINANCES SUBJECT TO AND IN ACCORDANCE WITH EXISTING LAWS; WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists and coordinates the activities of local governments in comprehensive land use planning; NOW THEREFORE, the Sangguniang Bayan of Rodriguez, in session assembled hereby adopts the following Zoning Ordinance.

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ARTICLE I TITLE OF THE ORDINANCE SECTION 1. TITLE OF THE ORDINANCE. This Ordinance shall be known as the Comprehensive Zoning Ordinance of the Municipality of Rodriguez, Province of Rizal and shall be referred to as the Ordinance. ARTICLE II DECLARATION OF PRINCIPLES SECTION 1. Land is a limited land resource and as such must be managed for the welfare of all in accordance with the Comprehensive Development Plan of Rodriguez. SECTION 2. The environment provides man with lifesupporting systems and as such it must be conserved and developed in a sustainable basis to enhance the quality of life of present and future generations. SECTION 3. Man’s well being is the ultimate consideration of development. This being the case, there is a need for regulatory measures which shall ensure the protection of his immediate environment. SECTION 4. Lands must be used in a most beneficial, rational and most efficient manner so as to prevent the incompatibility of land uses, environmental hazards, urban blight, congestion and artificial scarcity of land resources. Thus, there is a need for regulatory measures which shall promote the desired patterns of land use and development. SECTION 5. This Comprehensive Zoning Ordinance is one such measure which is enacted to identify the various land uses in the districts, designate the allowable uses therein, and prescribe physical standards based on the development plan of the Municipality of Rodriguez and on Zone and District Plans prepared by its Municipal

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Planning and Development Office and adopted by the Sangguniang Bayan through a resolution. ARTICLE III AUTHORITY AND PURPOSE SECTION 1. AUTHORITY. This Ordinance is enacted pursuant to Sections 16, 20, 447 and 458 of R.A. 7160, otherwise known as the Local Government Code of 1991, authorizing municipalities to adopt integrated Zoning Ordinance subject to the approval of the Sangguniang Bayan and Executive Orders 72 and 648 authorizing municipalities to prepare their respective comprehensive land use plans and the necessary zoning ordinances to implement the said plans. SECTION 2. following purposes:

PURPOSES. This Ordinance is enacted for the

(a) Guide, control and regulate future growth and development of the Municipality of Rodriguez in accordance with its development and land use plan; (b) Protect the character and stability of residential, commercial, industrial, institutional, agricultural, parks and open spaces within the locality and promote the orderly and beneficial development of the area; (c) Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants of Rodriguez; (d) Provide adequate light, air, privacy and convenience of access to property; (e)

Prevent undue concentration of population and properties;

and (f) Regulate the location and use of buildings and lands in such a manner as to obviate the danger of public safety caused by undue

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interference with existing or prospective traffic movements on such streets and thoroughfares. SECTION 3. GENERAL ZONING PRINCIPLE. This comprehensive Zoning Ordinance is based on the development plan for Rodriguez, on the land use plan and zoning maps prepared by its Municipal Planning and Development Office and adopted by the Sangguniang Bayan through a resolution. SECTION 4. DECLARED ZONING PRINCIPLES. Zoning is the division of the municipality into land use zones, the specification of patterns, nature and characteristics of uses, and the provision of density and environmental regulations geared towards promoting the most beneficial, efficient and land uses in consonance with the approved development plans and strategies, as well as land use policies and objectives of the community which have been prepared by the Municipal Planning and Development Office and adopted by the Sangguniang Bayan. ARTICLE IV DEFINITION OF TERMS SECTION 1. DEFINITION OF TERMS. The various terms and phrases used in this Ordinance shall have meaning and definition contained in Annex “A” of this Ordinance, which is attached herewith and hereby made an internal part hereof. SECTION 2. CONSTRUCTION AND INTERPRETATION OF TERMS. The words and terms used in this Ordinance shall be interpreted and understood liberally in the generic sense unless otherwise indicated and shall, as far as practicable, be construed in favor of applicants seeking to comply with the provisions hereof. The listing of uses shall, unless otherwise indicated, be similarly construed. In addition, the following rules shall be observed: (a) generic terms, such as ‘others,’ ‘like,’ etc. shall be construed as including all specific terms similar to or compatible with those enumerated;

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(b) the singular includes the plural, subject to density regulations; (c) (d) persons;

the present tense includes the future tense; the word ‘person’ includes both natural and juridical

(e)

the word ‘lot’ includes the phrase ‘lot parcel’:

(f)

the term ‘shall’ is always mandatory; and

(g) the word ‘used’ or ‘occupied’ as applied to any land or building shall be construed to include the words ‘intended,’ ‘arranged,’ ‘designed to be used or occupied.’ ARTICLE V ZONE CLASSIFICATIONS SECTION 1. DIVISION OF ZONES. To effectively carry out the provisions of this Ordinance, the municipality is hereby divided into the following zones or districts as delineated in the Official Zoning Maps (Annexes “B-1” and “B-2”, as described in Annex “C”). (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)

Residential Zone (RZ) Commercial Zone (CZ) Industrial Zone (IZ) General Institutional Zone (GIZ) Parks and Recreation Zone (PRZ) Agriculture Zone (AZ) Production Forest/Orchard (PDFZ) Protection Forest Zone(PTFZ) Mining Zone (MZ) Tourism Zone (TZ)

Residential areas are further divided and classified into low, medium and high density, or R-1, R-2 and R-3 zones, respectively.

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Commercial areas are further divided and classified into major and minor zones, or C-1 and C-2 Zones, respectively. For the time being, industrial areas have only one classification category – the light-industrial zone or I-1. Agricultural areas are further divided and classified into agroindustrial zone (AIZ), agricultural zone under Comprehensive Agrarian Reform Program (AGZ-C) and agricultural zone under rice (AGZ-R). SECTION 2. ZONING MAPS. It is hereby adopted as an integral part of this Ordinance Official Zoning Maps (Annexes “B-1” and “B-2”) duly prepared by the Rodriguez Municipal Planning and Development Office, wherein the designation, location, and boundaries of the different land uses and zones herein established are shown and indicated. Such Official and Zoning Maps shall be signed by the local chief executive duly authenticated by the Sangguniang Panlalawigan. In case of loss, damage, and/or destruction of the Official Zoning Maps, the Sangguniang Bayan may, by resolution, adopt new Zoning Maps which likewise shall be in accordance with the development plan of the community. Provided that all prior maps or any significant parts thereof left shall be preserved together with all available records pertaining to their adaptation and/or amendment. SECTION 3. ZONE BOUNDARIES. As indicated in the Official Zoning maps, the locations and boundaries of the abovementioned various zones into which the municipality of Rodriguez has been divided and are hereby identified and specified as follows: Zone Classifications 1. Low Density Residential (R-1)

Location All areas designated as residential in the Urban Zoning Map or Urban Land Use Plan (color code light yellow) in Bgys. San Jose, San Isidro and Mascap.

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2. Medium Density Residential (R-2) All areas designated as residential in the Urban Zoning Map (color code medium light yellow) in Bgys. Burgos and Geronimo. 3. High Density Residential (R-3)

All areas designated as residential in the Urban Zoning Map (color code bright yellow) in a strip east of Rizal Ave. in Bgys. Burgos and Geronimo and in the portion west of Rizal Ave. up to San Mateo River in Bgys. Manggahan, Rosario and Balite.

4. Major Commercial (C-1)

All areas designated as commercial in the Urban Zoning Map (color code light red) around the intersection of Rizal Ave, and Rodriguez highway and in a strip on both sides of Rodriguez Highway from the above intersection up to the San Jose Elementary School in Bgys. Manggahan and Rosario.

5. Minor Commercial (C-2)

All areas designated as commercial in the Urban Zoning map (color code dark red) in strips along both sides of M.H. del Pilar St. and the eastward and northsouth extension of Rodriguez Highway in Bgys. Geronimo and San Rafael.

6. Light Industrial (I-1)

All areas designated as industrial in the Urban Zoning Map (color code pink violet) in the southwestern part of the town extending east and west of San

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Mateo River along the northern bank of the Montalban river. 7. Institutional (GIZ)

All areas designated as institutional in the Urban Zoning Map (color code blue) covering the present site of the municipal complex and the multipurpose center fronting it in Balite and the barangay halls, elementary schools and churches/chapels scattered among the barangays.

8. Parks and Recreation (PRZ)

All areas designated as recreational in the Urban Zoning Map (color code light orange) behind the municipal hall and the linear park/promenade along the right bank of San Mateo River from the northern tip of Rizal Ave. down to the southern boundary with San Mateo.

9. Agri-Industrial (AIZ)

All areas designated as agriindustrial in the Urban Zoning Map (color code violet) northwest of the poblacion in Bgy. San Isidro close to the boundary with Bgy. Macabud and as a small portion close to and southwest of the CBD.

10. Agricultural (AGZ-C)

All areas designated in the Urban Zoning Map as: CARP land (color code light green) in the whole of Bgys. Macabud and Mascap; and cropland/vegetable (color code brown) in portions of Bgys. San Isidro, Puray, Mascap and San

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Rafael surrounding the urban zones. 11. Agricultural (AGZ-R)

All areas designated in the Urban Zoning Map (color code hatched light green) in Bgy. San Isidro north of Montalban River.

12. Production Forest (PDFZ)

All areas designated in the General Zoning Map or General Land Use Plan (color code screened green) in Bgys. San Isidro and Mascap and as expansion area for orchard/production forest (color code striped pink) in most of Bgys. San Isidro, Puray, Mascap, San Rafael, and in most of Marikina watershed.

13. Protection Forest (PTFZ)

All areas in the general Zoning Map designated as existing woodland/protection forest (color code striped blue) in portions of Bgy. San Isidro and the Marikina watershed.

14. Mining (MZ)

All areas designated in the Urban Zoning map as mining (color code brown) near the Lukutan Malaki and Lukutan Maliit rivers and to the northeast in Bgy. San Isidro.

15. Tourism (TZ)

All areas in the General Zoning Map designated as tourist (color code orange) in Bgys. Mascap and San Rafael and also identified as Pamitinan Protected Landscape.

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SECTION 4. INTERPRETATION OF ZONE BOUNDARIES. Where uncertainty exists with respect to the boundaries of any of the Zoning Maps, the following shall apply: (a) Where zone boundaries are so indicated that they approximately follow the center of streets or highways, street lines or highway right-of-way lines, such center lines, street lines or highway lines shall be construed to be the boundaries. (b)

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

(c)

Where zone boundaries are so indicated that they are approximately parallel to the center lines or street lines of streets, or the center lines or the right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale of the Zoning Map.

(d)

Where the boundary of the a zone follows a railroad line, such boundary shall be deemed to be located in the middle of the main tracks of said railroad line.

(e)

Where the boundary of a zone follows a stream. lake or other bodies of water, said boundary line shall be deemed to be the limit of the political jurisdiction of the community if it be located thereat, otherwise, the boundary shall be located at the bank or shore of the stream, lake or river. Boundaries indicated as parallel to, or extension of features not specifically indicated in the Zoning Map, shall be determined by the scale of the Zoning Map.

(f)

Where a boundary line divide a line or crosses an unsubdivided property, the location of such boundary shall be as indicated in the Zoning Map, using the scale appearing on such a map.

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(g)

Where a lot of one ownership, as of record of the effective date of this Ordinance, is divided by the zone boundary line, the lot shall be construed to be within the zone where the major portion of the lot is located. In case the lot is bisected by the boundary line it shall fall in the zone where the principal use falls.

(h)

Where the zone boundary is indicated as one lot deep, said depth shall be construed to be the average lot depth of the lots involved within such particular city/municipal block. Where, however, any lot has a depth greater than the said average, the remaining portion of said lot shall be construed by the one-lot-deep zoning district if the remaining portion has an area less than fifty percent (50%) of the total area of the entire lot. If the remaining area has an area equivalent to fifty percent (50%) or more of the total area of the lot, then the average lot depth shall be apply to the lot which shall become a lot divided and covered by two or more different zoning districts as the case may be.

SECTION 5. INTERPRETATION OF MIXED USES IN ANY SINGLE LOT AND/OR STRUCTURE WITHIN A ZONE. In case it appears that in any given lot or structure within a zone there is a variety or plurality of uses to which it is devoted, the following rules of interpretation shall apply: (a) The lot and/or building shall be classified as a conforming use that complies with the regulations of the zone in which it is located, provided that the main or principal use of the land and/or building is consistent with the allowable uses for such zone; (b) The use of the land and/or building shall be classified as being that to which it is principally devoted, for which purpose, the principal use shall be determined in accordance with the following guidelines: (1) The use which causes the most significant social, economic, and/or environmental impact, in terms of revenue-raising capacity, population, density, resource potential, or physical effect on the adjacent and surrounding areas, shall be considered as the principal use

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of the structure, regardless of the area of the land or building that is occupied by such uses; (2) In the absence of or in the event of any difficulty in interpreting the principal use as above provided, then the principal use shall be considered as that to which the greater portion or area of such land or building is devoted; (3) In case the mixed uses consist of two uses of similar nature but classified under different zones due to density differences, the higher density use shall be considered as the use of the property; in the event any use belongs to a higher category zone with more strict regulations, the lot/building shall be construed as being devoted to such uses. In case of any remaining doubt as to the location of any property along zone boundary lines, such property shall be considered as falling within the less restrictive zone. ARTICLE VI ZONE REGULATIONS SECTION 1. GENERAL PROVISIONS. The uses enumerated in the succeeding sections are not exhaustive nor allinclusive. The Local Zoning Board of Adjustment and Appeals (LZBAA) shall, subject to the requirement of this Section, allow other uses not enumerated hereunder provided that they are compatible with the uses expressly allowed. The local government has the option to adopt, add or exclude any of these allowable land uses depending on the development plans and the objective of the municipality. Allowance of other uses shall be based on the intrinsic qualities of the land and the socioeconomic potential of the locality with due regard to the maintenance of the essential qualities of the zone. Specific uses/activities of lesser density within a particular zone (R-1) may be allowed within the zone of higher density (R-2, R-3) but not vice versa, nor in another zone and its subdivisions (e.g., General

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Commercial, C-1, C-2), except for uses expressly allowed in said zones, such that the cumulative effect of zoning shall be intra-zonal and not inter-zonal. SECTION 2. USE REGULATIONS IN THE LOWDENSITY ZONE (R-1). An R-1 zone or district is a low-density residential zone, characterized by single-family, single-detached dwellings with the usual community ancillary uses on a neighborhood scale and relatively exclusive subdivisions as well as compatible support and institutional facilities. An R-1 district shall be used principally for residential purposes so as to maintain the peace and quiet of the area within the zone with a density of twenty (20) dwelling units per hectare. The following are the allowable constructions/uses: (a)

One-family detached dwelling

(b)

One0family, semi-detached dwelling, e.g., duplex, row house

(c)

Two-family detached dwelling

(d)

Two-family, semi-detached dwelling, e.g., duplex, row house

(e)

Customary accessory uses like: (1) Servant’s quarter (2) Private garage (3) Guardhouse

(f) Home occupation for the practice of one’s profession or for engaging in in-house businesses or industries such as dressmaking, tailoring, baking, running a sari-sari store, and the like, provided that: (1) Only members of the family residing within the premises shall be engaged in such home occupations; (2) The number of persons engaged in business/industry shall not exceed five (5), inclusive of owner;

such

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(3) The use of dwelling unit for home occupations shall be clearly incidental and subordinate to its use for residential purpose by its occupants and for the conduct of home occupations, not more than twenty-five percent (25%) of the floor area of the dwelling unit shall be used. (4) As much as possible there shall be no change in the outside appearance of the building or premises; (5) No home occupation shall be conducted in any accessory uses cited above; (6) 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 front yard; (7) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if the home occupation is conducted in a place other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers or causes fluctuation in line voltage of the premises; (g)

Home industry classified as cottage industry provided that;

(1) Such home industry shall not occupy more than 30% of the floor area of the dwelling unit. There shall be no change or alteration in the outside appearance of the dwelling unit and shall not be hazard/nuisance; (2) Allotted capitalization shall not exceed capitalization set by the Department of Trade and Industry (DTI);

the

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(3) Shall consider some provisions as enumerated in numbers 5, 6, and 7 letter f, Home Occupation, this section. (h) Recreational facilities for the exclusive use of the members of the family residing within the premises, such as: (1) Swimming pool (2) Pelota courts (3) Others (i) (j) (k) (l) (m) (n)

Religious use Multi-purpose/Barangay Hall Preschool Sports club Clinic, nursing and convalescing home health center Plant nursery

SECTION 3. USE REGULATIONS IN THE MEDIUMDENSITY RESIDENTIAL ZONE (R-2). An R-2 district is a mediumdensity residential zone characterized mainly by 21 to 65 dwelling units per hectare or medium-density housing like two-family dwellings, townhouses, accessories or row houses, and other low-area, mediumrise, multi-family dwellings on a limited scale with usual community ancillary uses and support facilities designed for the needs of a barangay scale. The following are the compatible uses allowed in this zone: (a)

All uses allowed in R-1 zone

(b)

Two-family dwellings

(c)

Residential condominiums of medium-rise type

(d)

Apartment houses, apartment hotels and hometels

(e)

Multi-family dwellings

(f)

Boarding houses

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(g) Nursery, kindergarten and elementary schools, provided that this will not exceed 12 classrooms (h)

Clinics, family planning clinics, and industrial clinics

(i)

Local civic centers, local auditoriums, halls, and exhibition

areas (j) Home occupations as provided in R-1 zone including customarily incidental occupations such as: (1) (2) (3) (4) (k)

barber and beauty shops Tailoring and dress shops Neighborhood convenience stores Retail drugstores

Parks and playgrounds