Clup_vol1_nov edited.pmd

Comprehensive Land Use Planning
DRAFTING THE
ZONING ORDINANCE
Zoning is the division of a community into zones or districts (e.g. commercial, residential,industrial, institutional, etc.) according to the present potential uses of land to maximize,regulate and direct their use and development according with the CLUP. It takes theform of a locally enacted ordinance which embodies among others regulations on theallowed uses in each zone or district and deviations from the requirements prescribedin the ordinance.
Drafting of the Zoning Ordinance (ZO) is basically translating the Comprehensive LandUse Plan (CLUP) into a legal document/tool. In general, Zoning has the same featuresor land use classifications as the CLUP, except that it provides for more detailedinformation on zone boundaries and use regulations/controls, among others.
Zoning consists of two major elements, the Zoning Ordinance and the Zoning Map.
The Zoning Ordinance is a legally binding set of rules and regulations affirmingthe usage of land in a city/municipality. This document contains a set of alloweduses and regulations that applies to each designated zone.
The Zoning Map is a duly authenticated map defining divisions of different plannedland uses and regulations of land into zones in a city/municipality. It is a graphicaltranslation of the regulations to efficiently carry-out the presumptions of theZoning Ordinance. For purposes of accountability, the zoning map shall beprovided with transparent overlay(s) depicting critical information that the users/public should know, e.g., fault lines, subsidence areas, protected areas, etc.
A Zoning Ordinance should take the form of a statute, with a title and an enacting clause.
A Zoning Ordinance (ZO) shall have the following components/features: Title of the Ordinance
Authority and Purpose
Definition of Terms
Zone Classifications
Zone Regulations
General District Regulation
Innovative Techniques
Miscellaneous Provisions
Mitigating Devices
Administration and Enforcement
Step 8. Drafting the Zoning Ordinance
To define/delineate in the map the zone boundaries To identify activities which shall be allowed/permitted within each zone To develop other development controls to ensure an objective implementation of theCLUP EXPECTED OUTPUTS
Zoning Map with transparent overlay(s) depicting critical information which the stakeholders/users should know or be aware of, e.g., faultlines, flood-prone areasand risk/hazard prone areas Draft the Zoning Ordinance and the accompanying zoning map.
The Planning Team, assisted by the TWGs/Committee on Land Use, shall conduct seriesof meetings to draft the zoning ordinance based on the CLUP, particularly, the land useplans/policies, vision, goals and objectives of the CLUP.
The inclusion of a legal officer and/or an SB/SP member in the planning team is an advantage.
The following activities shall be undertaken to arrive at a draft-zoning ordinance.
In all these steps, the Model Zoning Ordinance (MZO) published by HLURBshall serve as reference for the suggested details of the ordinance. 1. Define the title and purpose of the ordinance.
This will constitute Articles I and II of the ZO.
The purpose is defined based on the goals and objectives of the CLUP.
To guide, control and regulate future growth and development of (name of city/municipality) in accordance with its Comprehensive Land Use Plan.
To protect the character and stability of residential, commercial, industrial, institutional,forestry, agricultural, open space and other functional areas within the locality andpromote the orderly and beneficial development of the same.
Promote and protect the health, safety, peace, comfort, convenience and generalwelfare of the inhabitants in the locality.
Step 8. Drafting the Zoning Ordinance
The enumerated purposes are the broad objectives of a typical local ZoningOrdinance and may be adopted by any local government. Some local legislativebodies may however, find these purposes stated too broadly and may wish totranslate them into more specific terms appropriate to the specific goals andobjectives of the CLUP. They may also include other purposes, which are moreexpressive of the specific development needs, goals and directions of their respectivelocality. 2. Designate specific zones in the city/municipality using the CLUP by defining
the location and extent of boundaries of the various zones, specifying boundaries
along named streets, significant landmarks, and other natural planning boundaries,
whenever present or appropriate.
In general, zoning boundaries shall be delineated by either natural or manmade featuressuch as rivers, roads etc. or by measuring depth and breadth of the zone, or by establishingradial distance in case the zone is circular, or their combinations in irregular zones.
The textual description of boundaries should correspond accurately and exactlywith the boundaries in the zoning map. The identified zone boundaries may beenumerated in the Appendix of the Zoning Ordinance. The designation of zones or districts by the local government units shall be basedon the CLUP. Essentially therefore, the technical justifications of zoning lie with theplanning activities that led to the formulation of the CLUP Step 8. Drafting the Zoning Ordinance
The following is a general list of zone classifications which may apply to a locality.
CLASSIFICATION
DESCRIPTION
An urban area within a city or municipality principally for dwelling/housingpurposes. Residential zones can be divided into areas of low, medium, and/orhigh density Socialized Housing An area principally used for dwelling/housing purposes of the underprivileged/ An urban area within a city or municipality for trading/services/business purposes.
Commercial zones can be divided into areas of low, medium, and/or high density.
An urban area within a city or municipality for industrial purposes. Industrialzones can be divided into areas of light, medium or heavy industries.
An urban area within a city or municipality principally for institutionalestablishments. Institutional zones can be divided into general and special types.
An area within a city or municipality intended for cultivation/fishing and pastoralactivities An area within a city or municipality intended primarily for integrated farmoperations and related product processing activities.
An area within a city or municipality that is classified or contains a forestecosystem.
An area designed for open space recreational facilities and maintenance of ecological balance of the community.
Bodies of water within cities and municipalities which include rivers, streams,lakes and seas Sites within cities and municipalities endowed with natural or man-made physicalattributes and resources conducive to recreation and other activities.
Step 8. Drafting the Zoning Ordinance
Local governments may also adopt the following detailed zone classification, depending onthe prevailing conditions in the locality such as population density, income and level ofdevelopment.
DETAILED ZONE CLASSIFICATION
1. General Residential Zone (GRZ)2. Socialized Housing Zone (SHZ)3. Low Density Residential Zone (R-1)4. Medium Density Residential Zone (R-2)5. High Density Residential Zone (R-3)6. General Commercial Zone (GCZ)7. Low Density Commercial Zone (C-1)8. Medium Density Commercial Zone (C-2)9. High Density Commercial Zone (C-3)10. Light Industrial Zone (I-1)11. Medium Industrial Zone I-2)12. Heavy Industrial Zone (I-3)13. General Institutional Zone (GIZ)14. Special Institutional Zone (SIZ)15. Agricultural Zone (AGZ)16. Agro-Industrial Zone (AIZ)17. Forest Zone (FZ)18. Parks and other Recreation Zone (PRZ)19. Water Zone (WZ)20. Tourist Zone (TZ) The output of this step will be a Zoning Map, boundary description of each zone in themap and the accompanying text.
The basic zone classifications shall use the same color codes as the land usecategories (Annex 4-3) while each sub-zone classification shall be superimposedwith different patterns /symbols, e.g. hatching with diagonal/straight lines, letters,and/or numbers, etc. (Refer also to Vol. 3, Guide to Data Management in CLUPPreparation) 3. Identify and agree on zone regulations for each zone district. This includes
the list of allowable uses/activities, such as, easements/setback, building
height, bulk, open space, area, population density and other conditions.
Zone regulations of cities and municipalities will differ in many ways
depending on the type/level of development and the locality’s stated vision,
goals and objectives.
Step 8. Drafting the Zoning Ordinance
To make zoning more implementable and suitable in a given type of locality, twoapproaches may apply in the designation of residential zone or district: a.1 Designate a generalized residential zone without reference to density level i.e. a.2 Designate residential zone in relation to different density levels: low density residential zone (R-1), medium density residential zone (R-2), and high-density residentialzone (R-3) and Socialized Housing Zone (SH Z). a.3 For highly urbanized cities and urban/urbanizing municipalities additional residential zone with specific use regulations may be divided such as follows: ResidentialZone (R-4) for Townhouses, Residential Zone (R-5) for residential condominium. The local planner/zoning administrator shall recommend or adopt only one approach inrelation to the policies and objectives of the locality as expressed in their respectiveComprehensive Land Use Plan. Refer to MZO for different residential zone models. Two approaches may likewise apply in the designation of commercial zone: b.1 Designate a generalized Commercial Zone without reference to the type of commercial activities provided in the locality i.e. General Commercial Zone (GCZ). b.2 Designate Commercial Zone in relation to different types of commercial activities/ services offered i.e. Principally Commercial Zone (C-1), Quasi-Commercial/Industrial Zone (C-2); and large shopping malls in C-3. The local planner/Zoning Administrator/Zoning Officer shall recommend or adopt only oneapproach in relation to the policies and objectives of the locality as indicated in their respectiveComprehensive Land Use Plan. Refer to MZO for commercial zone models For municipalities with no potential for manufacturing industries or do not encourage
the setting up of one, there is no necessity to include industrial zone in its Zoning
Ordinance.
4. Determine any innovative techniques or designs as may be applicable;
define miscellaneous provisions; and identify/define mitigating measures to include
variance and exceptions provisions. Refer to Article IX- Mitigating Devices of
the MZO on procedures for granting of exceptions and variances.
Step 8. Drafting the Zoning Ordinance
Innovative techniques and designs shall apply to LGUs with projects that introduceflexibility and creativity in design.
Miscellaneous provisions includes the following: a. Projects of National Significance. A provision on projects declared by the NEDA Board as a project of national significance wherein HLURB shall issue LocationalClearance pursuant to EO 72.
b. Environmental Compliance Certificate (ECC). A provision stipulating the compliance of environmentally critical projects or projects located inenvironmentally critical areas to the requirements of ECC. In some cases,Certificate of Non-Coverage (CNC) is issued by EMB-DENR.
c. Subdivision Projects. A provision that requires all owners and/or developers of subdivision projects to secure a locational clearance/development permitpursuant to the provisions of PD 957 and its implementing rules and regulationsor BP 220.
The granting of exception and variances is necessary to reduce the possibleharshness that may result from the enforcement of the Ordinance. The localgovernment unit concerned shall consider the capacity of utility and transportsystems, among others. 5. Identify/define provisions to administer and enforce ZO. This will comprise Article
X, of the draft ZO and shall include among others, the following:
Permitting systems for various land development regulations and economic activities; Designation of Zoning Officer and extent of responsibility; Creation of Local Zoning Board of Adjustments and Appeals (LZBAA) composed of: a. City or Municipal Mayor as Chairmanb. City or Municipal Legal Officerc. City or Municipal Assessord. City or Municipal Engineere. City or Municipal Planning and Development Coordinator (if other than the Two (2) representatives of the private sector nominated by their respectiveorganizations and confirmed by the city or municipal mayor.
g. Two (2) representatives from non-government organizations nominated by their respective organizations and confirmed by the city or municipal mayor.
h. SP/SB Committee Chair on Land Use/Zoning (If said committee is non- existent, the SP/SB may elect a representative).
Step 8. Drafting the Zoning Ordinance
For purposes of policy coordination, the said committee shall be attached tothe Municipal or City Development Council. In order to ensure that due process is observed in the enforcement of the ZoningOrdinance, it is advisable that local governments provide for a Local ZoningBoard of Adjustment and Appeals. However, due to limitation in planningexpertise, some localities may find it difficult to organize their own Local ZoningBoard of Adjustment and Appeals. In these cases, the local government mayauthorize the HLURB to act as its Zoning Board of Adjustment and Appeals. Creation of Local Zoning Review Committee (LZRC) composed of the followingsector representatives responsible for the operation, development and progress ofall sectoral undertakings in the locality: a. Municipal/City Planning and Development Coordinatorb. Municipal/City Health Officerc. Municipal/City Agriculturistd. President, Association of Barangay Captainse. Municipal/City Engineerf. Community Environment and Natural Resources Officer (CENRO)g. Municipal Agrarian Reform Officer (MARO)h. District School Supervisori.
Three (3) Private Sector Representatives (eg. Local Chamber of Commerce,Housing Industry and Homeowner’s Association, etc.) Two (2) NGO Representatives (eg. Women; Indigenous People, etc.) The Local Zoning Review Committee shall have the following powers and
functions:
1. Review the Zoning Ordinance for the following purposes: a. Determine amendments or revisions necessary in the Zoning Ordinance because of changes that might have been introduced in the ComprehensiveLand Use Plan. b. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of permits given, and exceptions and variances granted. c. Identify provisions of the ordinance difficult to enforce or are unworkable. 2. Recommend to the Sangguniang Panlungsod/Bayan necessary legislative amendments and to the local planning and development staff the neededchanges in the plan as a result of the review conducted. 3. Provide information to the HLURB that would be useful in the exercise of its Step 8. Drafting the Zoning Ordinance
Procedures for handling complaints and opposition.
Procedures for amending the Zoning Ordinance.
Changes in the Zoning Ordinance as a result of the review by the Local Zoning
Review Committee shall be treated as an amendment, provided that any
amendment to the Zoning Ordinance or provisions thereof shall be subject to
public hearing and review evaluation of the Local Zoning Review Committee
and shall be carried out through a resolution of three fourths vote of the
Sangguniang Panlungsod/Bayan. Said amendments shall take effect only after
approval and authentication by HLURB or Sangguniang Panlalawigan.
Provisions on violation and penalty.
Provision on suppletory effect of other laws and decrees.
This will clarify national-local relationship, specifically providing answer to thecommon problem that usually arises from decisions made by national agencieswhich are in conflict with the Comprehensive Land Use and which could frustrateits implementation.
Other provisions pertaining to separability, repealing and effectivity clause.
6. List and define terms to be used in the ZO, this will comprise Article III. Sample
terms suggested to be included are listed in the MZO.
Some of the terms used in the Zoning Ordinance are technical and carry specific
meanings which should not be subject to varying interpretation by the reader/s.
Also, there are definitions of terms which may be applicable only to the local
government concerned. Hence, the need for a section on definition of terms.
Only those terms, which are actually employed or used in the Ordinance, should
be included.
The City/Municipality has the option to place this Article at the end of the Ordinanceas an appendix or to have it as the third article, just like the Model. The advantageof placing it as an appendix is that it follows a more logical sequence because,usually, readers refer to this section only when they meet the terms in the courseof reading the Ordinance. II. Present the draft zoning ordinance and accompanying zoning maps to LDC and SB/
SP for validation purposes prior to the conduct of public hearing.
FURTHER READING
HLURB Model Zoning Ordinance (Vol. X), 1995 Step 8. Drafting the Zoning Ordinance
Flow Chart for Drafting The Zoning Ordinance
Define Title
and Purpose
Art. I & II. Authority
and Purpose
Designate/
classify
specific zones
Art. IV. Boundary
Descriptions
Identify
regulations
Art. V & VI. Zone/
District Regulations
Determine innovative
techniques,
miscellaneous
provisions and
mitigating device
Art. VII, VIII & IX.
Innovative Techniques,
Miscellaneous Provisions
and Mitigating Devices
Identify/define
provisions to
administer and
enforce ZO
Administration
and Enforcement
List/define
Art. III. Definition
Step 8. Drafting the Zoning Ordinance

Source: http://old.hlurb.gov.ph/uploads/lgu/book1/step8.pdf