Valenzuela City Zoning Ordice Amendments 2014

Purpose and enabling framework

The ordinance implements and strengthens the comprehensive land use zoning system previously established through Ordinance No. 80, Series of 2010.
Zoning changes and amendments are anchored on review and recommendations made by the Local Zoning Review Committee.
The ordinance adopts zoning modifications recommended for strict compliance and effective implementation of the zoning system.
The ordinance is enacted pursuant to the regulatory authority of the city government to regulate land use and enact reasonable limitations and restraints on property use within its jurisdiction under Republic Act No. 8526 and Republic Act No. 7160 (preamble).

Core zoning definitions added

Section 2 adds these definitions to Article III of Ordinance No. 80, Series of 2010:
Base Zone means the primary zoning classification of areas within the City, including allowable uses and regulations on building density and bulk.
Flood Overlay Zone (FLD-OZ) means an area identified as prone to flooding with specific regulations to minimize negative effects on developments.
Liquefaction Overlay Zone (LQ-OZ) means an area identified as prone to liquefaction with specific regulations to minimize negative effects on developments.
Overlay Zones (OZ) means a “transparent zone” overlain on top of the Base Zone or another Overlay Zone to provide an additional layer of regulations, which may include allowable uses, building density and bulk, and building/structure design necessary to achieve Overlay Zone objectives.

Division of zones and added areas

The City is divided into the listed zones, including Special Development Zone and the Overlay Zones for flooding and liquefaction (Section 3 and Section 4).
Section 3 retains and restates the zone list, including Residential - 2 (Basic), Residential - 2 (Maximum), Residential - 3 (Maximum), Residential 5, Socialized Housing, Commercial - 1, Commercial - 2, Commercial -3, General Industrial, General Institutional, Cultural, Fishpond, Utilities, Cemetery, and Special Development.
Section 4 adds:
- Special Development Zone as a zone that may be developed as Parks/Open Space, Cemetery, or Socialized Housing as determined by the City Government.
- Flood Overlay Zone as an Overlay Zone covering areas determined as flood-prone.
- Liquefaction Overlay Zone as an Overlay Zone covering areas determined as prone to liquefaction.
Section 3 states the zone divisions implement the Valenzuela CLUP, define areas requiring different development standards, and serve the purposes and intent of the zoning ordinance outlined in Article II.

Official zoning map and zone boundaries

The zoning ordinance adopts the Official Amended Zoning Map of the City, signed by the Mayor, as an integral part of the zoning ordinance (Section 5).
The Base Zone designations, locations, and boundaries are shown in Figure 1, while Overlay Zones are attached as Figure 2 (Flood Overlay Zone) and Figure 3 (Liquefaction Overlay Zone) (Section 5).
Zone boundaries are presented in the attached Official Amended Zoning Map and the Overlay Zones map (Section 6).
Commercial 2 zone boundaries are reckoned as one lot deep along the enumerated road corridor chain starting from MH del Pilar St., T. Santiago to Sapang Bakaw - Kabesang Porong- Ibaba -Bignay- Gitna - Hulo Road (Lawang Bato-Punturin Road), Maysan Road, Bagbaguin Rd., Gen. T. de Leon St, Sulok Rd. (Section 6).
Commercial 3 zone boundaries are reckoned as:
- One lot deep along McArthur Highway from Marulas until the junction of Gen. T. De Leon Rd.
- One lot deep along McArthur Highway from the railroad crossing in Malinta and the junction of Malinta-Maysan Rd. to Malanday
- One lot deep along Mindanao Avenue Extension (Section 6).

How boundaries are interpreted

Section 7 establishes interpretation rules for any zone boundary indicated on the Official Amended Zoning Map.
Where boundaries approximately follow the center of streets/highways, the street/highway right-of-way lines are construed as the boundaries.
Where boundaries approximately follow barangay boundary lines, delineation is based on the amended zoning maps.
Where boundaries are approximately parallel to street/highway centerlines or right-of-way lines, the zone boundary is construed parallel at the distance shown on the Official Amended Zoning Map; if no distance is given, the dimension is determined by the map’s scale.
Where a zone boundary follows a stream, lake, or other bodies of water, it is deemed at the limit of the political jurisdiction unless otherwise indicated; boundaries following shorelines move with actual shorelines when they change.
Boundaries following bodies of water are subject to public easement requirements under the Water Code, provisions of the ordinance, and other applicable regulations.
Where a zone boundary divides a lot, the lot is construed to be within the zone where its major portion lies; if the line bisects the lot, it falls in the zone where the principal structure is located.
Parcel location is determined by overlapping the cadastral map with the Official Amended Zoning Map (Section 7).

Subdivision, permits, and business controls

Subdivision projects must secure Locational Clearance and a Development Permit under PD 957 and its Implementing Rules and Regulations, or under BP 220 and its Implementing Rules and Regulations for Socialized Housing Projects, using EO 71, Series of 1993 procedures (Section 8).
Subdivision projects must prepare Deed Restrictions that include regulations on allowable uses, and compliance with deed restrictions forms part of the locational clearance requirements (Section 8).
Existing subdivisions without deed restrictions containing a list of allowable uses must prepare them within six months from passage of the ordinance for approval of the Zoning Administrator (Section 8).
Socialized housing projects must provide and deliver completely asphalted/concreted roads, plus drainage, power, potable water, fire fighting, and other utilities (Section 8).
The Local Building Official must not issue a Ground Preparation and/or Building Permit without a valid Locational Clearance issued in accordance with the zoning ordinance (Section 19).
The Business Permits and Licensing Office must not issue a Business Permit unless a valid locational clearance has been issued, except where conditional business permits may be issued in special cases justified by exigencies and public service (Section 20).
Real estate tax treatment for idle lands is preserved: the assessed value of idle lands remains the same and is not affected by zoning classification (Section 21).

Locational clearance timing and non-user cancellation

Upon issuance of a Locational Clearance, the grantee has one year to commence or undertake the use, activity, or development covered by the clearance (Section 22).
If the clearance is not used within the one-year period, it is automatically cancelled, and the grantee must not proceed without applying for a new Locational Clearance (Section 22).
The office of the Zoning Administrator may issue a document on the status of land/property for zoning reference; the document is not a locational clearance and may be amended by the Local Zoning Review Committee without prior notice when needed based on the reasons/situations stated (Section 23).
Within 60 days from the ordinance effectivity, the Zoning Administrator must inventory lands and issue Notices of Non-Conformance to owners of existing non-conforming uses (Section 24).

Property adjacency to waterways clearance

Applicants for locational clearance whose property is adjacent to waterways or has waterways within the property must first secure a Waterways Clearance from the City Flood Control Division (Section 18).
The Waterways Clearance must form part of the requirements for Locational Clearance (Section 18).

Easements and restrictions on stays

Easements of public use under the Water Code must be observed throughout the entire lengths of banks of rivers and streams and the shores of seas and lakes as applicable: three meters in urban areas, 20 meters in agricultural areas, and 40 meters in forest areas (Section 9).
Easements are reckoned from the line reached by the highest flood that does not cause inundation or the highest equinoctial tide, whichever is higher (Section 9).
No person may stay in this zone longer than necessary for space or recreation, navigation, floatage, fishing, or salvage, or to build structures of any kind (Section 9).
A mandatory five-meter easement applies on both sides of earthquake fault traces on the ground identified by PHIVOLCS (Section 9).
Road widening and road construction program illustrated in Figure 5 and other later identified projects must be observed as required by the City Government (Section 9).

Buffer yards requirements and hierarchy

Buffer yards are treated as building setbacks or yards and serve for light and ventilation and to mitigate adverse impacts between adjacent developments (Section 10).
Buffers must be extended and/or provided with planting materials when necessary to ameliorate conditions such as noise, odor, unsightly buildings, or danger from fires and explosions (Section 10).
Buffers may contain a barrier such as a beam or fence when additional screening is necessary to achieve the desired level of buffering (Section 10).
Between two different developments, the more intense land use must provide the proper buffer design and materials (Section 10).
If a development occurs beside a vacant lot, owners may submit a contractual agreement to reduce or waive the required buffer for the first area to develop; if additional buffer is later required at the time the vacant lot develops, it must be provided by the latter development (Section 10).
When two developments occur simultaneously, the more intense use must provide the necessary buffer (Section 10).
Buffer locations must be served by building setbacks or yards at the outer perimeter of a lot or parcel, and buffers cannot occupy public or private street rights-of-way (Section 10).
Open spaces and landscaped buffers with suitable foliage are encouraged; where open-space landscaped buffers are not possible, a developer may provide a firewall compliant with the National Building Code (Section 10).
Buildings may not encroach upon buffer areas; buffer areas may be used for passive recreation such as gardening and pedestrian trails (Section 10).
If a developer provides an open-space landscaped buffer in a General Industrial facility, the setback from the outer face of the building wall to the property line must be no less than three meters (Section 10).
Land use intensity hierarchy from most to least intensive is provided for buffer determination, listing categories from Waste Disposal down through Basic Residential - 2 and Parks and Recreation, including General Industrial and Utilities in the hierarchy (Section 10).

Environmental and site performance standards

The zoning ordinance protects the City’s natural resources, requiring all developments to comply with environmental conservation regulations (Section 11).
Developments must preserve views for public enjoyment by closely considering building orientation, height, bulk, fencing, and landscaping (Section 11).
The installation of deep wells is prohibited; all potable water requirements must be sourced from the water concessionaire (Section 11).
Heavy-water using facilities such as golf courses, inland water-based resorts, shopping malls, soft drink bottling plants and the like must submit a Water Management Plan ensuring neighboring areas are not adversely affected, providing sustainable use through controlled discharge to prevent undue flooding, re-use of water, and other environment-friendly technologies (Section 11).
Developments must not alter natural drainage patterns or change storm water runoff velocities, volumes, and storm water characteristics; streams, watercourses, wetlands, lakes, or ponds must not be altered, re-graded, developed, piped, diverted, or built upon (Section 11).
Developments must limit the rate of storm water runoff so runoff generated is no more than the site’s natural condition (Section 11).
Developments must protect rivers, streams, lakes, and ponds from sedimentation and erosion damage (Section 11).
Internal drainage systems must not increase turbidity or sediment yield or discharge harmful substances that degrade water quality (Section 11).
Water quality must be maintained according to DENR DAO No. 34 - Revised Water Usage and Classification/Ambient Water Quality Criteria (Section 11).
Municipal and industrial wastewater effluents may not discharge into surface and groundwater unless scientifically proven they will not deteriorate water quality; effluents must be maintained according to DENR DAO No. 35 - 91 - Establishing Effluent Quality Standards for Class "C" Inland Waters (Section 11).
Floodplains may not be altered, filled, or built upon without proper drainage design and proper consideration of possible inundation effects on nearby properties (Section 11).
Sloping areas require adequate slope and erosion protection and soil conservation measures (Section 11).
Facilities emitting dust, dirt, fly ash, smoke, gas, or any other air polluting material are not permitted unless equipped with appropriate pollution control devices; air quality at point of emission must be maintained according to DENR DAO No. 14 - Revised Air Quality Standards of 1992 (Section 11).
Buildings/structures near areas prone to soil subsidence must be provided with appropriate stabilization measures (Section 11).
The zoning ordinance requires site development to be safe, efficient, and aesthetically pleasing and to be in complete harmony with good design principles and adjacent properties and bordering streets (Section 12).
Abutments to adjacent properties are not allowed without the neighbor’s prior written consent required by the Zoning Administrator before granting locational clearance (Section 12).
Parking capacity must follow the minimum requirements of the National Building Code, must be developed and landscaped for aesthetic enhancement, and parking lots with at least 20 car parking slots must have a minimum tree height of 1.80 meters from base to crown at the time of securing an Occupancy Permit (Section 12).
Parking areas/lots cannot encroach into street rights-of-way (Section 12).
Developments with lot areas of two hectares or more and/or that attract significant volumes of public modes of transportation must provide on-site parking plus vehicular loading/unloading bays so through street traffic flow is not impeded (Section 12).
Noise and vibration-producing machinery must be provided with buffers, silencers, mufflers, enclosures, and other noise-absorbing materials; noise levels must follow DENR DAO No. 30 - Abatement of Noise and Other Forms of Nuisance as Defined by Law (Section 12).
Glare and heat must not be radiated, seen, or felt from any point beyond property limits (Section 12).
Fencing limits apply by land use type:
- For all land uses except General Industrial, road-facing fencing must be see-through with maximum height of 1.80 meters from the finish sidewalk elevation along the property line, with base opaque construction where the opaque base height is no greater than 1.00 meter (Section 12).
- Side and rear fencing between adjacent lots not facing a road must have maximum height of 1.80 meters and may be opaque (Section 12).
- For General Industrial uses, road-facing fencing must be see-through with maximum height of 4.00 meters from finish sidewalk elevation, with opaque base height no greater than 1.00 meter; side and rear fencing similarly must have maximum height of 4.00 meters and may be opaque (Section 12).
Gates of industrial developments used for truck entrance/exit must be set back at least three meters from the edge of the road right-of-way line bordering the development (Section 12).

Overlay zone guidelines

Section 17 adds Section 47-A (Flood Overlay Zone Guidelines).
Flood Overlay Zone objective is to protect lives and properties from harmful flood effects (Section 47-A).
Allowable uses in FLD-OZ are the allowable uses of the respective Base Zone subject to additional regulations (Section 47-A).
Buildings may be made flood-proof by one or any combination of measures: raising the lowest floor line to the Flood Protection Elevation (FPE) as determined by the City Flood Control Division through fill or stilts; limiting uses below FPE to parking/access/limited storage; providing roof decks for evacuation; wet and dry floodproofing measures such as backflow valves and waterproofing for doors and windows and elevated electric circuits; maintaining natural drainage patterns; and using sustainable urban drainage systems including rainwater storage tanks, green roofs, and permeable surfaces (Section 47-A).
Buildings/structures with lowest floor lines above the FPE are allowed increased building heights equivalent to the height of the FPE (Section 47-A).
Section 17 also adds Section 47-B (Liquefaction Overlay Zone Guidelines).
Liquefaction Overlay Zone objective is to ensure developments use appropriate designs to prevent damage to lives and properties due to liquefaction incidents (Section 47-B).
Allowable uses in LQ-OZ are the allowable uses of the respective Base Zone subject to additional regulations (Section 47-B).
Applications for development on properties within LQ-OZ must secure a certification from the Mines and Geosciences Bureau regarding soil and related conditions (Section 47-B).
To the extent possible, areas within properties within LQ-OZ must be kept open and/or made part of yards and setbacks (Section 47-B).
Regardless of height or number of storeys, all applications must conduct re-testing to verify soil suitability (Section 47-B).
Buildings/structures must be provided with appropriate engineering design, subject to review and approval of the City Building Official (Section 47-B).

Zone-specific guideline amendments

Section 13 amends Section 37 (Commercial -1 Zone Guidelines) by specifying allowed exclusive uses and a building height limit of five storeys or 15 meters.
Commercial -1 allowed exclusive uses include, among others: various office uses; general retail stores and shops; food market and shops; personal service shops (e.g., beauty parlor, barbershop, spa, dressmaking/tailoring); recreational centers (e.g., moviehouse/theatre, playcourts, swimming pools, gymnasium, day and night club, stadium/coliseum); restaurants and other eateries; short term special education (e.g., dancing schools, schools for self-defense, driving school, speech clinics); commercial-residential condominium with at least 60% of leasable or saleable floor area allotted for commercial purposes; and a detailed list of additional uses such as embassy/consulate, library/museum, clinic, vocational/technical school, convention center and related facilities, messengerial services, security agencies, janitorial services, bank/financial institutions, radio/television station, building garage, job printing, optical instrument/camera repair, clock and watch repair, and certain manufacturing of insignia/badges except metal, transportation terminals/garages, plant nurseries, and scientific/cultural/academic centers and research facilities except nuclear/radioactive/chemical/biological warfare facilities (Section 37 as amended).
Section 14 amends Section 39 (Commercial -3 Zone Guidelines) by:
- Declaring that all uses allowed in C-1 and C-2 zones are allowed exclusive uses.
- Adding allowed exclusive uses including regional shopping malls, commercial parking lots and garages, shopping malls/centers, and sports complexes.
- Setting a building height limit of 60 storeys or 180 meters (Section 39 as amended).
Section 15 amends Section 40 (General Industrial Zone Guidelines) by:
- Defining Allowed Dominant Uses as medium industrial uses (pollutive/non-hazardous industries and pollutive/hazardous industries) and heavy industrial uses (highly pollutive/non-hazardous industries and highly pollutive/hazardous industries).
- Providing a detailed enumerated list of allowed dominant uses for each industrial subcategory, including manufacturing, processing, and warehouse/storage facility uses, each specifically listed under the industrial categories (Section 40 as amended).
- Providing Allowed Secondary Uses as:
  - All dominant uses allowed in R-2 (Maximum) zone
  - All secondary uses allowed in R-2 (Basic) zone
  - All dominant uses allowed in C-1 zone (Section 40 as amended).
- Setting the building height limit for general industrial at 27 meters per the National Building Code (Section 40 as amended).
Section 16 amends Section 47 (Special Development Zone Guidelines) by:
- Setting that allowed exclusive uses are determined by the City Government as Parks/Open Space, Cemetery, or Socialized Housing.
- Setting a building height limit of five storeys or 15 meters (Section 47 as amended).

Non-conforming uses, appeals structure

Existing lawful uses at the time of amendment may continue as non-conforming uses subject to multiple conditions (Section 25).
A non-conforming use may expand only within the lot where the building has been built (Section 57 as amended).
A non-conforming use that has ceased operation for more than one year may not be revived as non-conforming (Section 57 as amended).
An idle/vacant structure may not be used for non-conforming activity (Section 57 as amended).
Non-conforming structures or structures under one ownership that have been damaged may be reconstructed and used as before only if reconstruction does not exceed 50% of the replacement cost (Section 57 as amended).
If the non-conforming portion of a structure is destroyed to an extent of more than 50% of the replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the zoning ordinance (Section 57 as amended).
No non-conforming use may be moved to displace any conforming use (Section 57 as amended).
If a non-conforming structure is moved any distance, it must thereafter conform to regulations of the district where it is relocated (Section 57 as amended).
Non-conforming uses and/or structures must not cause nuisance and must not pose health and safety hazards (Section 57 as amended).
Section 26 amends Section 63 (Composition of the Local Zoning Board of Adjustment and Appeals) by listing members including the City Mayor (or designated representative) as Chairman, and officers including City Legal Officer, City Assessor, City Engineer, and City Planning and Development Coordinator, plus private sector and NGO representatives confirmed by the City Mayor; it also provides that in non-availability cases the Sangguniang Panlungsod elects additional representatives to meet the total membership structure (Section 63 as amended).
The board is attached to the City Development Council for policy coordination, and the City Planning and Development Office serves as Secretariat (Section 63 as amended).
Sections 27 and 28 amend the Local Zoning Review Committee (LZRC) by:
- Creating the LZRC to review the zoning ordinance considering the CLUP and to address changes in local development plans, projects of national significance, petitions for rezoning, and other appropriate reasons/situations (Section 64 as amended).
- Defining LZRC composition as sectoral experts and listing specific local officials/civic leaders and representatives from private sector and NGOs, with attachment to the City Development Council for policy/program coordination (Section 65 as amended).

Criminal penalties for zoning violations

Section 29 amends Section 68 (Criminal Prosecution) by providing that any natural or juridical person who violates the zoning ordinance is punishable upon conviction by imprisonment not exceeding six months and/or a fine not exceeding PHP 5,000.00, plus a closure order in both cases at the discretion of the court.
For violations by a corporation, partnership, or association, the penalty is imposed on the erring officers thereof (Section 68 as amended).
Criminal case disposition is stated to be without prejudice to the administrative penalties imposed by Ordinance No. 148, Series of 2014 for violations of Ordinance No. 80, Series of 2010 and this ordinance (Section 68 as amended).

Implementing rules, incorporation, and repeal

Section 31 incorporates Ordinance No. 148, Series of 2014 as part of this amendatory zoning ordinance.
Section 32 requires the Local Zoning Board of Adjustment and Appeals to prepare necessary Implementing Rules and Regulations for effective and efficient implementation.
Section 33 repeals all ordinances, rules, or regulations in conflict with this ordinance.
Section 34 provides separability: invalidity of any part or provision does not affect the validity and force of the remaining provisions.