OVERVIEW OF COMPREHENSIVE LAND USE PLAN AND PROCESS

Course Objectives
12 To be familiar with the Comprehensive Land Use Plan and its Process
Course Outline
12 Steps CLUP Process
Zoning and CLUP
What is Zoning?
General Districts and Zone Regulations
Administration and Enforcement
Local Zoning Board on Appeals
LGU Internal Processes

Situation Analysis
Did you capture a comprehensive and correct view of the existing
situation?
Are your data or information Adequate
Timely
Relevant
Reliable

Data Analysis

Temporal Dimension
Spatial Dimension

STEP 6 DEVELOPMENT THRUST/CONCEPT

 Provides focus/direction towards the achievement of socio-economic

development
goals and objectives.
SPATIAL STRATEGY
(STRUCTURE PLAN)
Physical form that guides the local decision makers in identifying
where to implement development activities or programs/projects
and what to build, rebuild, and preserve.

WRITINGTHE LAND USE PLAN

- Development strategy
- Development policies
- Development regulations
STEP 8 ZONING
Art. XII, Sec. 6 Philippine Constitution
The use of property bears a social function & all economic agents shall
contribute to the common good. Individuals & private groups, including
corporations, cooperatives & similar collective organizations, shall have the right to
own, establish & operate economic enterprises, subject to the duty of the State to
promote distributive justice & to intervene when the common good so demands.

Art. XIII, Sec. 1 Philippine Constitution

The Congress shall give highest priority to the enactment of measures that
protect & enhance the right of all the people to human dignity, reduce social,
economic and political inequalities, & remove cultural inequities by equitably
diffusing
wealth
&
political
power
for
the
common
good.
To this end, the State shall regulate the acquisition, ownership, use &
disposition of property & its increments.
Section 20
Local Government Code of 1991
c) The local government units shall, in conformity with existing laws,
continue to prepare their respective Comprehensive Land Use Plans enacted
through Zoning Ordinances which shall be the primary and dominant bases for the
future use of land resources
Provided, that the requirements for food production, human settlements,
and industrial expansion shall be taken into consideration in the preparation of such
plans.
Powers of the Sanggunian Bayan/Panlungsod
- Adopt a Comprehensive Land Use Plan for the city or municipality
- Reclassify agricultural lands
Enact zoning ordinances
Zoning Ordinance will indicate the following:
What uses will be allowed in the designated zones
Where are the location of the different zones
How and up to what extent these may be allowed
What conditions maybe imposed
CLUP

Land Use Plans are not

self
executing
A technical document
that
contains:
o Policy Statements
o Strategies
o
Programs
and
Projects

ZONING ORDINANCE

Zoning Ordinance is a legal

and enforceable document
that contains
o Specific
or
detailed
rules
o Systems
and
procedures
o Incentives
o Sanctions

The Zoning Ordinance must be consistent with the policies and land use
objectives of the CLUP

WHAT IS ZONING?
Zoning is the division of a community into zones or districts in accordance
with their designated uses (e.g. commercial, residential, industrial, institutional,
etc.)
WHAT FORM DOES ZONING HAVE?
A Zoning Ordinance should take the form of a statute, with a title and an
enacting clause
In general, Zoning Ordinance has the same land use classifications as the CLUP
CLUP

ZONING ORDINANCE

Residential Areas

Low Density Residential

Medium Density Residential
High Density Residential

Commercial Areas

Commercial 1
Commercial 2
Commercial 3

Industrial Areas

Industrial 1
Industrial 2
Industrial 3

Two Major Elements of Zoning

1. The Zoning Ordinance
2. The Zoning Map.

CITY/MUNICIPALITY OF _______________
Ordinance No.____ Series of ___
AN ORDINANCE ADOPTING (OR AMENDING) THE ZONING REGULATIONS FOR
THE CITY/MUNICIPALITY OF _______ AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH

Be it ordained and enacted by the Sangguniang Bayan/ Panlungsod

of ___________
WHEREAS, Section 20 of the Local Government Code and Executive
Order No. 72 provides that local government units shall continue to
prepare their respective Comprehensive Land Use Plans enacted

through Zoning Ordinances which shall be the primary and dominant

bases for the future use of land resources;
WHEREAS, the City/Municipality of __________ in pursuit of its
development goals and objectives, formulated its Comprehensive
Land Use Plan which would require an enactment of regulatory
measures to translate its development plan into reality;
WHEREAS, this Zoning Ordinance is one such regulatory measure
which is an important tool for the implementation of the
Comprehensive Land Use Plan;
NOW THEREFORE, the Sangguniang Bayan/ Panlungsod of ________ in
a session assembled hereby adopts the following:

TITLE OF THE ORDINANCE

Section 1. Title of the Ordinance. This Zoning Ordinance shall be
known as the Zoning Ordinance of the City/Municipality of _______ and shall
be referred to as the Ordinance.
AUTHORITY AND PURPOSE
Section 2. Authority. This Ordinance is enacted for the following purposes:
This Ordinance is enacted pursuant to the provisions of the Local
Government Code, RA 7160 Sections 458 a.2 and 447 a.2 authorizing the
Sangguniang Bayan/Panlungsod to adopt a Zoning Ordinance subject to
the provisions of existing laws and in conformity with Executive Order No.
72.
Section 3. Purposes: This Ordinance is enacted to ensure and promote the
implementation of the city/municipal Comprehensive Land Use Plan.
The city or municipality may enumerate here the development goals and
objectives indicated in their Comprehensive Land Use Plan.
EXample
Guide, control and regulate future growth and development of the
city/municipality in accordance with its Comprehensive Land Use
Plan;

Protect the character and stability of the various identified and

designated zones within the locality and promote orderly growth and
equity in the development of these functional areas;
Promote and protect the health, safety, peace, comfort, convenience
and general welfare of citys/municipalitys population;
ZONING PRINCIPLES
Section 4. General Zoning Principles. This zoning regulations is
based on the approved Comprehensive Land Use Plan of the city
/municipality _________adopted through Resolution No. ____ dated___.

The principles MUST be part of the Zoning Ordinance.

Specific principles may be derived from the adopted CLUP or

from development concepts that are applicable to them
respectively.

Zone Classifications
Section 6. Division into Zones or Districts. To effectively carry out the
provisions of this Ordinance, the
city/municipality is hereby divided into different districts or zones as
shown in the Official Zoning Map.
Example - General Residential Zone
- Socialized Housing Zone
- Low Density Residential Zone
- Medium Density Residential Zone
- High Density Residential Zone
- General Commercial Zone
- Medium Density Commercial Zone
- High Density Commercial Zone
- Light Industrial Zone
- Medium Industrial Zone
- Heavy Industrial Zone
- Agricultural Zone
- Institutional Zone
- Forest Zone
Growth Management Zone
i.
Defined development intent:
i.e. Combines traditional built up and new development areas. It
shall function as complimentary commercial-residential area. This is
a moderate development intensity zone.
i.
Defined location
ii.
Defined allowable land uses
Zoning Maps
Section 6. Zoning Maps. It is hereby adopted as an integral part of this
Ordinance, the Official Zoning
Map/s for urban areas and for the whole city of municipality
(general) duly signed by the Mayor and authenticated by the HLURB
or the Sangguniang Panlalawigan.
The designation, location and boundaries of zones are shown or
indicated.
Zone Boundaries
Section 7. Zone Boundaries. The locations and boundaries of the identified
zones into which the
city/municipality is divided are presented.

Boundary Description
Zoning boundaries shall be delineated by through the following:
1. Use manmade or natural features such as roads, rivers and other
permanent landmarks.
2. Measure the depth and breadth of the zone
3.
Establish a radial distance in case the zone is circular or a
combination of irregular shaped
zones
Interpretation of Zone Boundaries
Section 9. Interpretation of Zone Boundaries. The following rules shall
apply
Where a zone boundary divides a lot, the lot shall be construed
within the zone where its major portion is located.
In case the line bisects the lot, it shall fall in the zone where the
principal structure falls
The textual boundary of the zone shall prevail over that of the
zoning map
Use Regulations
Section 9. General Provision. The uses enumerated in this Ordinance are
not exhaustive nor allinclusive. The LZBAA shall, subject to the pertinent provisions of
this Ordinance, allow other uses not enumerated herein provided
they are compatible with uses expressly allowed.
Use Regulation
Permitted Uses:
Uses allowed within a specific zone/district
Permissible Uses:
Uses that may be allowed subject to additional requirements or
conditions
Prohibited Uses:
Proposed uses or development that are definitely not allowed within
the zone
Commercial Zone 1

Residential Zone 1

Condominium
Department Store
Barber Shop
Gymnasium
Dance Schools
Spa
Movie houses
Dressmaking/Tailor shops

Forest Zone
Watershed
Conservation area
Eco-Tourism
Indigenous
Housing/Settlement
Protected Forest

Single detached family dwelling

Home occupation
Medical clinic
Plant nursery
Recreational Facilities
Pre-School
Religious use
Health centers

Residential Zone1
Single detached family dwelling
Home occupation
Medical clinic
Peoples Plant Nursery
Recreational Facilities
Pre-School
Religious use
Health centers

General District or Zone Regulations

Density Controls:
Restrictions and Incentives relative to buildable area and open spaces
Percentage of Lot Occupancy (PLO)
Yard requirements
Easements or setbacks
Lot size
Height of structures
Percentage of Lot Occupancy (PLO)
Yard requirements
Easements or setbacks
Lot size
Height of structures
Low Density Residential:
2 floors
4 to 7 floors
Height Restriction especially within the vicinity of
airports
Building height is combined with the planned allowable
density per zone
i.e residential zone

Lot Area Regulation

P.D. 957
B.P. 220
National Bldg Code
Structural Code
Zone District Regulation
Easement on both sides of the banks of rivers:
- 3 meters in urban areas
- 20 meters in agricultural areas
- 40 meters in forest areas

Buffer:
Building setbacks or yards (may be) considered as buffer.
Whenever necessary, buffers shall be required to be provided to
ameliorate the negative impacts of some uses such as noise, odor,
unsightly buildings, etc.
Buffers can mitigate impacts
developments
i.e. Residential and commercial

Location of Buffer

or

nuisance

between

two

adjacent

Specific Zone Standards

Network of Green and Open Spaces
Example:
i.
Development with 5 or more hectares and contiguous
land area may be required to provide tree planting strips
ii.
Residential compounds with more than ten families shall
be required to provide an open space
dedicated as
playground area
Historical Conservation and Preservation
o Sites or historical structures shall be developed to
conserve and enhance their heritage values
o Historic sites may be adaptively re-used
Parking spaces
o Parking spaces shall be landscaped to increase aesthetic
quality
o Parking spaces/lot with more than 20 car capacity shall
provide planting strips

Agricultural Land Conservation and Preservation

All agricultural lands in the municipality shall not be pre-maturely reclassified.
Reclassification shall be done on a case-to-case basis and evaluated on the
merits of conditions prevailing at the time of application or request, subject to the
requirements of the Department of Agriculture and the Department of Agrarian
Reform
Reclassified agricultural lands, if undeveloped for a perieod of one year from
the date of approval of its reclassification, shall be reinstated to agricultural land
classification.
Owners of such properties shall be required to apply for rec-classification and
shall be evaluated based on the prevailing conditions at the time of the new
application.

Infrastructure Capacity
Infrastructure Capacities
All development shall not cause excessive requirements at public
cost for public facilities and services
The Zoning Officer may require the following:
Utilities Impact Assessment (UIA)

Environmental Impact Assessment (EIA)

Traffic Impact Assessment (TIA)

Engineering Geological Geophysical Assessment Report

(EGGAR)
Administration and Enforcement
Locational Clearance
All land owners or developers shall secure Locational Clearance
conducting any activity, development or construction on their property.

prior to

Non-User Of Location Clearance

Upon issuance of Location Clearance, the grantee shall have one year within
which to commence or undertake the proposed use, activity or development
covered by such clearance on his/her property
Issuance of Zoning Classification
A land owner may request from the Office of the Zoning Officer the zoning
classification of their property.
Such document shall not be sued as Location Clearance.
Certificate of Non-Conformance
A document to be secured by a land owner whose existing use of his property
is not in conformity with the newly adopted Zoning.
The Certificate of Non-Conformance shall be secured from the Office of the
Zoning Officer within a prescribed period from the adoption of the Zoning Ordinance

Existing Non-Conforming Uses and Buildings

The lawful uses of any building, structure or land at the time of the adoption or
amendment of this Ordinance may be continued, although such uses don not
conform with the provision of the Ordinance, provided:
a. That no such non-conforming use shall be enlarged or extended to occupy
greater area than that already occupied at the time of the adoption of the
Ordinance;
b. No non-conforming use which has ceased operation for more than one year
be revived as non-conforming use
c. An idle or vacant land cannot be used for non-conforming use.
d. shall be enlarged or extended to occupy greater area than that already
occupied at the time of the adoption of the Ordinance;
e. No non-conforming use may be moved to displace a conforming use
f. No non-conforming use/structure may be enlarged or altered in a which
increases its non-conformity
g. Should non-conforming use/structure be moved for any reason to whatever
location or distance, it shall conform with the zone regulation it is moved or
relocated
h. Any non-conforming structure/s under one ownership which has been
damaged, maybe reconstructed and used as before provided that such
reconstruction is NOT more than 50% of the replacement cost;
That should such non-conforming portion of the structure be destroyed
by any means to an extent of more than 50% of its replacement cost at the
time of destruction, the same shall NOT be reconstructed except in
conformity with the provisions of this Ordinance

i.

The owner of a non-conforming use shall program the PHASE-OUT and

relocation of the non-conforming use within 10 years from the effectivity of
the Ordinance

Functions of the Zoning Administrator

1. Enforcement
Issuance of Location Clearance
Monitor on going-project
Recommend to the LZBAA
development proposals that are
not in conformity with the Zoning Ordinance
2. Planning
Preparation or updating of the Comprehensive Land Use Plan

What is the LZBAA ?

The City/Local Zoning Board of Appeals and Adjustment is an
administrative regulatory unit of the local government that exercises both
original and appellate functions in the implementation of the local zoning
ordinance.

Local Zoning Board of Adjustments and Appeals (LZBAA) is composed of:

City or Municipal Mayor as Chairman
City or Municipal Legal Officer
City or Municipal Assessor
City or Municipal Engineer
City or Municipal Planning and Development Coordinator (if other than the Zoning
Administrator.
Two (2) representatives of the private sector nominated by their respective
organizations and confirmed
by the city or municipal mayor.
Two (2) representatives from non-government organizations nominated by their
respective
organizations and confirmed by the city or municipal mayor.
SP/SB Committee Chair on Land Use/Zoning (If said committee is nonexistent, the
SP/SB may elect a
representative).
What are Mitigating Devices?
These are mechanisms incorporated in the Ordinance to provide flexibility and
responsiveness in its implementation
What are these Devices?

These are:
- Variances
Exceptions
- Certificates of Non Conformance
These Permits are Issued by:
Granted only by the Local Zoning Board of Adjustments and Appeals (LZBAA)