QuestionsQuestions (VALENZUELA CITY ORDICE NO. 164 SERIES OF 2014)
It is a municipal/city zoning ordinance enacted by the Sangguniang Panlungsod to amend the City Zoning Ordinance (Ordinance No. 80, s. 2010), incorporating additional zones, expanding the coverage of the General Industrial Zone, and prescribing additional regulatory rules (including overlay zones and related requirements) consistent with the City CLUP and local government powers.
It adds definitions: (1) “Base Zone” is the primary zoning classification with allowable uses and building regulations; (2) “Overlay Zones” are additional regulatory layers over a Base Zone or another overlay, enabling further restrictions or design standards. These concepts matter because overlay zones can impose extra requirements even if the underlying base zoning allows certain uses.
FLD-OZ covers flood-prone areas with specific regulations to minimize negative effects to developments; LQ-OZ covers areas prone to liquefaction with regulations to reduce harm to lives and property due to liquefaction incidents.
The ordinance incorporates new sections: Section 47-A (Flood Overlay Zone Guidelines) and Section 47-B (Liquefaction Overlay Zone Guidelines). It also amends the zoning map provisions to attach FLD-OZ and LQ-OZ as Figures 2 and 3, respectively.
Under Section 50-A (Waterways Clearance), applicants for Locational Clearance must first secure a Waterways Clearance from the City’s Flood Control Division, and it must be part of the Locational Clearance requirements.
Under amended Section 51, the Local Building Official cannot issue a Ground Preparation and/or Building Permit without a valid Locational Clearance issued in accordance with the ZO.
Under amended Section 52, the Business Permits and Licensing Office shall not issue a Business Permit unless a valid Locational Clearance has been issued, except in special cases where conditional business permits may be issued due to exigencies and public service.
Under amended Section 54, after issuance of a Locational Clearance, the grantee has one year to commence/undertake the use/activity/development. Non-use within that period results in automatic cancellation, and the grantee cannot proceed without applying for a new Locational Clearance.
Under amended Section 56, within 60 days from the effectivity of the ordinance, the Zoning Administrator must inventory all lands and issue Notices of Non-Conformance to owners of existing non-conforming uses.
Under amended Section 57, non-conforming uses may continue if: (1) expansion is allowed only within the lot where the building is built; (2) uses that ceased operation for more than one year cannot be revived; (3) idle/vacant structure cannot be used for non-conforming activity; (4) damaged structures may be reconstructed only if reconstruction is not more than 50% of replacement cost; (5) if destruction exceeds 50%, reconstruction must conform to the ZO; (6) non-conforming use cannot be moved to displace conforming use; (7) moved structures must thereafter comply with the district where relocated; and (8) non-conforming use/structure must not cause nuisance or pose health/safety hazards.
Amended Section 20 provides easements of public use along banks of rivers/streams and shores of seas/lakes: 3 meters (urban), 20 meters (agricultural), 40 meters (forest). It also quotes that these easements are reckoned from the line reached by the highest flood not causing inundation, or the highest equinoctial tide, whichever is higher, consistent with Water Code implementing rules.
The ordinance imposes a mandatory five-meter easement on both sides of earthquake fault traces on the ground identified by PHIVOLCS.
Section 47-A recognizes measures such as: raising the lowest floor line at/above Flood Protection Elevation (FPE) via fill or stilts; limiting use of spaces below FPE to parking/access/limited storage only; providing roof decks for evacuation; wet and dry flood-proofing (e.g., backflow valves, waterproofing doors/windows, elevated electric circuits); maintaining natural drainage patterns; and using sustainable urban drainage systems (SUDS) like rainwater storage tanks, green roofs, and permeable surfaces. It also states buildings with lowest floor lines above the FPE may receive increased building heights equivalent to the FPE.
Section 47-B requires a certification from the Mines and Geosciences Bureau (regarding soil and related conditions) for development in LQ-OZ. It further requires re-testing to verify soil suitability regardless of height/number of storeys, and mandates appropriate engineering design subject to review and approval of the City Building Official.
Buffer yards are building setbacks/yard areas used to mitigate adverse impacts such as noise, odor, unsightly buildings, or fire/explosion dangers. The ordinance states that between two developments, the more intense land use must provide the proper buffer. It also lists a hierarchy of land-use intensities from most to least intensive, which guides how buffers should be allocated.
The ordinance requires developments to be safe, efficient, aesthetically pleasing, harmonious with neighborhood character, and to respect safety/ventilation/privacy and parking/loading requirements. It also includes environmental conservation rules: preserve scenic views; no deep wells; comply with potable water sourcing; submit water management plans for heavy water-using facilities; prevent alteration of natural drainage/stormwater characteristics; do not alter streams/wetlands/lakes/ponds except as allowed; limit stormwater runoff rate; prevent sedimentation/erosion; maintain water quality per DENR rules; prohibit harmful wastewater discharges unless scientifically proven safe; restrict building/filling in floodplains without proper drainage and inundation consideration; implement slope/erosion protection; prevent air pollution beyond DENR standards; and provide stabilization measures near areas prone to soil subsidence.
Amended Section 68 provides that violations may lead, upon conviction, to imprisonment not exceeding six months and/or a fine not exceeding PHP 5,000, and a closure order at the court’s discretion; for corporations, penalties are imposed on erring officers. It also clarifies that the criminal case proceedings are without prejudice to Ordinance No. 148 (s. 2014) imposing administrative penalties for violations of Ordinance No. 80 (s. 2010) and this ZO amendment.