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Republic of the Philippines

CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

ORDINANCE NO. 10384-2006

AN ORDINANCE REVISING THE ZONING REGULATIONS OF THE CITY OF CAGAYAN


DE ORO; PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT
THEREWITH, AND FOR OTHER PURPOSES

Whereas, the implementation of the 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 thereof;

Whereas, the Local Government Code authorizes 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 in and
coordinates the activities of Local Governments in Comprehensive Land Use Planning;

Now therefore:

BE IT ORDAINED by the City Council (Sangguniang Panlungsod) of the City of Cagayan de Oro
in session assembled that:

ARTICLE I
TITLE AND AUTHORITY

SECTION 1. - TITLE OF THE ORDINANCE. This Ordinance shall be known as the “Zoning
Ordinance 2006” of the City of Cagayan de Oro and shall be referred to as the Ordinance.

SECTION 2. - AUTHORITY. This Ordinance is enacted pursuant to the provisions of the New
Local Government Code, RA 7160 Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October 1991,
“authorizing the City through the Sangguniang Panlungsod to adopt Zoning Ordinance subject to the
provisions of existing laws”, and in conformity with E.O. No. 72.

ARTICLE II
INTRODUCTION

SECTION 3. - DEFINITION OF TERMS. Words and phrases used in this Ordinance are hereby
defined in Annex A, which is attached herewith and made an integral part of this Ordinance.

SECTION 4. - DIVISION INTO ZONES. To effectively carry out the provisions of this Ordinance,
the City is hereby divided into the following Zones as shown in the official Zoning Maps.

1. Low Density Residential Zone (R1)


2. Medium Residential Zone (R2)
3. High Density Residential Zone (R3)
4. Socialized Housing Area (R4)
5. Rural Residential Area (R5)
6. Low Density Commercial Zone (C-1)
7. Medium Density Commercial Zone (C-2)
8. High Density Commercial Zone (C-3)
9. Light Industrial Zone (I-1)
10. General Industrial Zone (I-2)
11. General Institutional Zone (GIZ)
12. Special Institutional Zone (SIZ)
13. Parks and other recreation zone (PRZ)
14. Agricultural Zone (AGZ)
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 2 OF 31, ORDINANCE NO. 10384-2006,

15. Agro-Industrial Zone (AIZ)


16. Forest Zone (FZ)
17. Planned Unit Development (PUD)
18. Tourist Zone (TZ)

SECTION 5. - ZONING MAPS. It is hereby adopted as an integral part of this Ordinance, the official
Zoning Maps for urban areas and for the whole City (general), wherein the designation, location and
boundaries of the zones herein established are shown and indicated. Such official Zoning Maps shall be
signed by the local Chief Executive and duly authenticated by the HLURB / Sangguniang Panlungsod.

SECTION 6. - SUPPLETORY EFFECT OF OTHER LAWS AND DECREES. The provisions of this
Ordinance shall be without prejudice to the application of other laws, Presidential Decrees, Letter of
Instructions and other executive or administrative orders vesting national agencies with jurisdiction over
specific land areas, which shall remain in force and effect, provided that land use decisions of the national
agencies concerned shall be consistent with the Comprehensive Land Use Plan of the locality.

SECTION 7. - EXISTING NON-CONFORMING USES AND BUILDINGS. The lawful uses of any
building, structure or land at the time of adoption or amendment of this Ordinance may be continued,
although such uses do not conform to the provision of this Ordinance, Provided:

1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land
than that already occupied by such use at the time of the adoption of this Ordinance or moved in
whole or in part, to any other portion of the lot or parcel or land where such non-conforming
use exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use, which has ceased operation for more than one (1) year be
again revived as non-conforming use.
3. An idle/vacant structure may not be used for non-conforming activity.
4. That any conforming structure, or structures under one ownership which has been damaged
maybe reconstituted and used as before provided that such reconstruction is not more than fifty
percent (50%) of the replacement cost.
5. That should such non-conforming portion of structure be destroyed by any means to an extent
of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this Ordinance.
6. That no such non-conforming use maybe moved to displace any conforming use.
7. That no such non-conforming structure may be enlarged or altered in a way which increases its
non-conformity, but any structure or portion thereof may be altered to decrease its non-
conformity.
8. That should such structure be moved for any reason to whatever distance, it shall thereafter
conform to the regulation of the district in which it is moved or relocated.
9. In addition, the owner of a non-conforming use shall program the phase-out and relocation of
the non-conforming use within ten (10) years from the effectivity of this Ordinance.

ARTICLE III
ADMINISTRATION

SECTION 8. - RESPONSIBILITY FOR ADMINISTRATION AND ENFORCEMENT. This Ordinance shall


be enforced and administered by the Local Chief Executive through the Zoning Administrator/Zoning
Officer who shall be appointed by the former in accordance with existing rules and regulations on the subject.

SECTION 9. - POWERS AND FUNCTIONS OF A ZONING ADMINISTRATOR/ZONING OFFICER.


Pursuant to the provisions of EO 72, implementing RA 7160 in relation to Sec. 5, Paragraph (a) and (d), and
Section 7 of Executive Order No. 648 dated 07 February 1981, the Zoning Administrator/Zoning Officer
shall perform the following functions, duties and responsibilities:
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 3 OF 31, ORDINANCE NO. 10384-2006,

I. Enforcement

A. Act on all applications for Locational Clearances for all projects.

1. Issuance of Locational Clearance for projects conforming to zoning regulations.


2. Recommend to the City Zoning Board of Adjustment and Appeals (CZBAA) the
grant or denial of applications for variances and exemptions and the issuance of
Certificate of Non-Conformance for non-conforming projects lawfully existing at
the time of the adoption of the Zoning Ordinance, including clearances for
repairs/renovations on non-conforming uses consistent with the guidelines
therefore.

B. Monitor on-going /existing projects within their respective jurisdictions and issue notices of
violation and show cause order to owners, developers, or managers of projects that violate
the Zoning Ordinance and if necessary, pursuant to Sec. 3 of EO 72 and Sec. 2 of EO 71
refer subsequent actions thereon to the HLURB.

C. Call and coordinate with the Philippine National Police for enforcement of all orders and
processes issued in the implementation of this Ordinance.

D. Coordinate with the City Prosecutor‟s Office for other legal actions / remedies relative to
the foregoing.

II. Planning

A. Coordinate with the Regional Office of the HLURB regarding proposed amendments to
the Zoning Ordinance prior to adoption by the Sangguniang Panlungsod.

SECTION 10. - GENERAL PROCEDURE FOR SECURING PERMIT. Any of the permits cited in this
Ordinance may be applied for guided by the procedures given hereunder.

A. The applicant shall properly accomplish the appropriate application or request form in
duplicate copies, which shall then be filed with the CPDO.

B. The application or request shall be accompanied by supporting documents to include but


not be limited to the following:

1. A complete description of the activity or project for which a permit is being sought with
information, such as, nature of operation or use, location, boundaries, size and volume
of operation, and others which may be applicable;
2. Vicinity map in a scale of 1:1,000 or other scale acceptable to the CPDO, and providing
such details as may be pertinent to be prescribed by the CPDO, including the exact
location of the project and other uses within the vicinity.
3. Three sets of plans drawn to scale showing the actual size and locations of existing and
proposed buildings and their relationship to the lot boundaries.
4. Payment of fees as prescribed in this Ordinance, and its amendments.
5. Other reasonable and pertinent requirements to be determined by the CPDO and those
required under existing national laws and local Ordinances shall also be prescribed.

SECTION 11. - PROJECTS OF NATIONAL SIGNIFICANCE. Projects may be declared by the NEDA
Board as Projects of National Significance pursuant to Section 3 of EO 72. When a project is declared by the
NEDA Board as a Project of National Significance, the Locational Clearance shall be issued by HLURB
pursuant to EO 72.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 4 OF 31, ORDINANCE NO. 10384-2006,

SECTION 12. - ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). Notwithstanding the


issuance of Locational Clearance under Section 13 of this Ordinance, no environmentally critical projects nor
projects located in environmentally critical areas shall be commenced, developed or operated unless the
requirements of ECC have been complied with.

A. Environmentally Critical Projects

I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oils and gas
d. Smelting plants

II. Resource Extractive Industries


a. Major mining and quarrying projects
b. Forestry projects
1. Logging
2. Major wood processing projects
3. Introduction of fauna (exotic animals) in public/private forests
4. Forest occupancy
5. Extraction of mangrove products
6. Grazing
c. Fishery Projects
1. Dikes for/and fishpond development projects

III. Infrastructure Projects


a. Major dams
b. Major power plants (fossil-fueled, nuclear fueled, hydroelectric or geothermal)
c. Major reclamation projects
d. Major roads and bridges

B. Environmentally Critical Areas


1. All areas declared by law as national parks, watershed reserves, wildlife preserves and
sanctuaries;
2. Areas set aside as aesthetic potential tourist spots;
3. Areas which constitute the habitat for any endangered or threatened specifies of indigenous
Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological, or scientific interest;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities (geologic hazards, floods,
typhoons, volcanic activity, etc.);
7. Areas with critical slopes;
8. Areas classified as prime agricultural lands;
9. Recharged areas of aquifers;
10. Water bodies characterized by one or any combination of the following conditions:
a. Tapped for domestic purposes
b. Within the controlled and/or protected areas declared by appropriate authorities
c. Which support wildlife and fishery activities.
11. Mangrove areas characterized by one or any combination of the following conditions:
a. With primary pristine and dense young growth;
b. Adjoining mouth of major river systems;
c. Near or adjacent to traditional productive fry or fishing grounds
d. Which act as natural buffers against shore erosion, strong winds and storm floods
e. On which people are dependent for their livelihood
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 5 OF 31, ORDINANCE NO. 10384-2006,

12. Coral reef characterized by one or any combination of the following conditions:
a. With 50% and above live coralline cover
b. Spawning and nursery grounds for fish
c. Which act as natural breakwater of coastlines

SECTION 13. - LOCATIONAL CLEARANCE. All owners/developers shall secure Locational


Clearance from the Zoning Administrator/Zoning Officer, or in cases of variances and exemptions, from the
City Zoning Board of Adjustment and Appeals (CZBAA) prior to conducting any activity or construction on
their property/land.

SECTION 14. - APPLICATION FEES. The following fees shall be payable on lodgment of an
application, without which the application is deemed to be not lodged:

Locational Clearance Schedule of Fees:


Residential structure single attached or detached, the
project cost which is:
=
P 100,000 and below =
P 100.00
Over =P 100,000 =
P 100 + 0.1% in excess of =
P 100,000

Apartments/Townhouses
Project cost of =
P 500,000 and below =
P 500.00
Project cost over =
P 500,000 =
P 500 + 0.1% in excess of = P 500,000
regardless of the number of doors

Dormitories
Project cost of =
P 500,000 and below =
P 500.00
Project cost over =
P 500,000 =
P 500 + 0.1% in excess of = P 500,000
regardless of the number of rooms

Institutional
=
P 100,000 and below =
P 400.00
Over = P 100,000 =
P 400 + 0.1% in excess of =
P 100,000

Commercial, Industrial, Agro-Industrial


=
P 100,000 and below =
P 1,000.00
Over =
P 100,000 =
P 1,000 + 0.1% in excess of =
P 100,000

Special Uses/Special Projects including Memorial Parks


=
P 100,000 and below
Over =P 100,000 =
P 1,000.00
=
P 1,000 + 0.1% in excess of =
P 100,000

Alteration/Expansion Same as original application


(affected areas only)

Subdivision Project =
P 250/ha. For the first 5 hectares
=
P 100/ha. Every additional hectare or a fraction
thereof

Temporary Use Permit (TUP) =


P 500.00

SECTION 15. - BUILDING PERMIT. No building permit shall be issued by the City Building
Official without a valid Locational Clearance in accordance with this Ordinance.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 6 OF 31, ORDINANCE NO. 10384-2006,

SECTION 16. - NON-USE OF LOCATIONAL CLEARANCE. Upon issuance of a Locational


Clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or
development covered by such Clearance on his property. Non-use of said Clearance within said period shall
result in its automatic expiration, cancellation and the grantee shall not proceed with his project without
applying for a new Locational Clearance.

SECTION 17. - COMMUNITY CONSULTATION. An application for any proposal listed as „Uses that
may or may not receive approval or require Special Permit approval‟ or „Prohibited‟ within any Zone hereof
shall be applied for and involve the community as follows:

1. A satisfactory proof of posting of a conspicuous notice on the project site attesting, in essence, to
the fact that an application has been filed with the CPDO specifying the date of such an
application, the nature and expected level of operation of the establishment, the name of the
project owner/proponent and his/its exact address and telephone and other important
information.
2. If the project is at least citywide in expected impact, the CPDO, through the Zoning
Administrator/Officer, may also require the publication of such a notice in a newspaper of
general circulation within the City at least once a week for two consecutive weeks.
3. In case of objection lodged within two weeks of the latest notice the City Zoning Board of
Adjustment and Appeals shall determine the matter as outline within this Ordinance.

SECTION 18. - TEMPORARY APPROVALS. An activity or an establishment not listed as Allowable


Use in the Zone Regulations within any zone hereof may, on application by the interested party with the
Zoning Administrator/Officer, shall be allowed on a temporary basis under the following conditions:

a. The Zone or area in which the property subject of the application is located, or the area within
the immediate vicinity, or a radius of five (5) kilometers from such property, is not yet built up
or being developed according to the original trend, projection or pattern envisioned in the
Ordinance, or no noticeable and desirable dominant trend has been observed in the area for a
period of at least two (2) years where a non-built up area is one where the dominant use is less
than 40% of the area;
b. The temporary use permit shall be valid for a maximum of one year subject to the terms and
conditions stipulated in the permit;
c. The proposed project shall not in any way pose danger or hazard to the health and safety of its
environment and surrounding neighborhood;
d. The proposed activity shall be subject to the requirements of favorable initial and ongoing
environmental examination and environmental impact assessment;
e. The proponent shall submit a quarterly report of the progress of its operations; and,
f. The proponent shall relocate the project facilities and equipment to another site at his own cost,
in the event the CPDO find that the project‟s continued existence and operation are undesirable.

SECTION 19. - ACTION ON COMPLAINTS AND OPPOSITIONS. A complaint for violations of any
provision of the Zoning Ordinance or of any Clearance or permits issued pursuant thereto shall be filed with
the CZBAA.

However, oppositions to application for Clearance, deviation, shall be treated as a complaint and
dealt with in accordance with the provision of this Section.

SECTION 20. - FUNCTIONS AND RESPONSIBILITIES OF THE CZBAA. There is hereby created a
City Zoning Board of Adjustment and Appeals (CZBAA) which shall perform the following functions and
responsibilities:

A. Act on applications of the following nature:


1. Deviation
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 7 OF 31, ORDINANCE NO. 10384-2006,

2. Non-conforming uses
3. Complaints and opposition to applications.

B. Act on appeals on grant or denial of Locational Clearance by the Zoning Administrator /


Zoning Officer.

Decisions of the CZBAA shall be appealable to the HLURB.

SECTION 21. - COMPOSITION OF THE CZBAA. The city development council shall create a sub-
committee which shall act as the CZBAA composed of the following members:

1. City Mayor as Chairperson


2. City Legal Officer
3. City Assessor
4. City Engineer
5. City Planning and Development Coordinator (if other than the zoning administrator)
6. Two (2) representatives of the private sector nominated by their respective organizations and
confirmed by the city mayor. In the event of non-availability of any of the officials enumerated
above, the Sangguniang Panglunsod shall elect the number of its members as may be necessary
to meet the total number above set forth, as representatives.
7. Two (2) representatives from non-government organizations (NGOs), nominated by their
respective organizations and confirmed by the city mayor. In the event of non-availability of any
of the officials enumerated above, the Sangguniang Panglunsod shall elect the number of its
members as may be necessary to meet the total number above set forth, as representatives.

For purposes of policy coordination, said committee shall be attached to the City Development
Council (CDC).

SECTION 22. - INTERIM PROVISION. Until such time that the City Zoning Board of Adjustment
and Appeal shall have been constituted, the HLURB shall act as the City Zoning Board of Adjustment and
Appeals. As an appellate Board, the HLURB shall adopt its own rules of procedure to govern the conduct of
appeals arising from the administration and enforcement of this Ordinance.

ARTICLE IV
POLICIES

SECTION 23. - PURPOSES. This Ordinance is enacted for the following purposes:

1. Guide, control and regulate future growth and development of the City of Cagayan de Oro
in accordance with its Comprehensive Land Use Plan.
2. Protect the character and stability of residential, commercial, industrial, institutional,
forestry, agricultural, open space and other functional areas within the locality and promote
the orderly and beneficial development of the same.
3. Promote and protect the health, safety, peace, comfort, convenience and general welfare of
the inhabitants in the locality.

SECTION 24. - CITY-WIDE PLANNING OBJECTIVES. The following objectives shall be used to
assess the appropriateness of „Uses that may or may not receive approval or require Special Permit approval‟
listed in Column 2 in each zone:

Form of Development

Objective 1: The development of the City in accordance with the Structure Plan.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 8 OF 31, ORDINANCE NO. 10384-2006,

Objective 2: Orderly and economic development.

Objective 3: A proper distribution and segregation of living, working and recreational activities by the
allocation of suitable areas of land for those purposes, and the proper location of public and
community facilities by the reservation of suitable land in advance of need.

Objective 4: Maintenance of the long-term operational, safety and commercial aviation requirements.

Land Division

Objective 5: Land in appropriate localities divided into allotments in an orderly and economic manner.

Residential Development

Objective 6: A compact urban area.

Objective 7: A variety and choice of dwelling types to meet the needs and preferences of all sections of
the community.

Objective 8: Containment of housing costs through the encouragement of a full range of design and
development techniques.

Objective 9: Safe, pleasant, convenient and efficient residential zones.

(a) Residential development in residential zones adjacent to non-residential zones


should be designed and sited to protect residents from any adverse effects of non-
residential activities.

(b) Non-residential development in residential zones should provide adequate


protection for residents from air and noise pollution, traffic disturbance and other
harmful effects on health or amenity.

(c) Landscaping of development in residential zones should:

I. enhance residential amenity;


II. screen storage, service and parking areas; and
III. provide protection from sun and wind.

(d) Within residential zones, open space should provide for recreational activities,
pedestrian links, and the preservation of natural features.

(e) Dwellings should be supplied with adequate energy, water, waste disposal and
drainage facilities to serve the needs of the prospective users.

(f) Residential development should minimize the potential for personal and property
damage arising from natural hazards including landslip, bushfires, and flooding.

Centers and Commercial

Objective 10: Shopping, administrative, cultural, community, entertainment, educational, religious, and
recreational, facilities located in integrated centers which are distributed rationally
throughout the urban area.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 9 OF 31, ORDINANCE NO. 10384-2006,

Objective 11: Centers established and developed in accordance with a hierarchy based on function, so that
each type of center provides a proportion of the total requirement of goods and services
commensurate with its role.

Objective 12: A hierarchy of centers located in center or commercial zones.

Centers within the urban area are of the following type:


(a) The Central Business District;
(b) District Center;
(c) Other Commercial areas;

Objective 13: The Central Business District to provide the principal focus for the economic, social and
political life of the City.

Objective 14: District Centers to function as the main centers outside the Central Business District for a
full range of shopping, administrative, cultural, community, entertainment, education,
religious and recreational facilities, as public transport interchanges and focus of public
transport networks and public and private office development.

Community Facilities

Objective 20: Appropriate community facilities conveniently accessible to the population they serve.

Transportation

Objective 21: A comprehensive, integrated, and efficient, public and private transport system which will:
(a) provide access to adequate transport services for all people, at an acceptable cost;
(b) effectively support the economic development of the City;
(c) ensure a high level of safety; and
(d) maintain the options for the introduction of suitable new transport technologies.

Objective 22: A road hierarchy to form the basis of development controls and serve as a guide to the
investment of road funds in order to ensure a safe and efficient traffic flow and to promote
the saving of fuel and time.

Objective 23: A network of roads, paths and tracks, to accommodate satisfactorily a variety of vehicular
and pedestrian traffic.

Objective 24: A compatible arrangement between land uses and the transport system which will:
(a) ensure minimal noise and air pollution;
(b) protect amenity of existing and future land uses;
(c) provide adequate access; and
(d) ensure maximum safety.

Objective 25: A form of development adjoining main roads which will:


(a) ensure traffic can move efficiently and safely;
(b) discourage commercial ribbon development;
(c) prevent large traffic-generating uses outside designated center/commercial zones;
(d) provide for adequate off-street parking; and
(e) provide limited and safe points of access and egress.

Industrial Development

Objective 27: Industrial development located in suitable areas.


Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 10 OF 31, ORDINANCE NO. 10384-2006,

Infrastructure

Objective 28: Economy in the provision of infrastructure.

Mining

Objective 29: The continued availability of metallic, industrial and construction, minerals by preventing
development likely to inhibit their exploitation.

Objective 30: The protection of the landscape from undue damage from quarrying and similar extractive
and associated manufacturing industries.

Conservation

Objective 31: The conservation, preservation, or enhancement, of scenically attractive areas, including
land adjoining coastal and river water, and scenic roads.

Objective 32: The preservation of buildings or sites of architectural, historical, or scientific, interest.

Objective 33: The retention of environmentally-significant areas of native vegetation.

Objective 34: The retention of native vegetation where clearance is likely to lead to problems of soil
erosion, soil slip, flooding or a deterioration in the quality of surface waters.

Objective 35: The retention of native vegetation for amenity purposes, for livestock shade and shelter and
for the movement of native wildlife.

Open Space

Objective 36: Adequate public parks and recreation areas conveniently located.

Open spaces are needed in a city for outdoor recreation, and all age groups must be catered
for. The size of the open spaces must be adequate, and they must be located conveniently
for the people who use them. Suitable land must be acquired or reserved long before the
need becomes evident and long before funds for development are available. If such action is
not taken, then the cost involved will be prohibitive as values rise, or the land will have been
used for other purposes. Consequently, land acquisition should be programmed for a
considerable number of years ahead.

Appearance of Land and Buildings

Objective 37: The amenity of localities not impaired by the appearance of land, buildings and objects.

Coastal Areas

Objective 38: Preserve and manage coastal areas to sustain or enhance the remaining natural coastal
environment.

Objective 39: Maintain and improve public access to and enjoyment of, the coast in keeping with other
objectives.

Objective 40: Due recognition of and allowance for hazards to coastal development such as inundation by
storm tides or combined storm tides and stormwater, coastal erosion and sand drift,
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 11 OF 31, ORDINANCE NO. 10384-2006,

including an allowance for changes in sea level due to natural subsidence and predicted
climate change during the first 100 years of the development.

Objective 41: To avoid the community incurring cost for the protection of private development or the
environment from the effects of coastal processes.

Objective 42: To use urban coastal zones only for development appropriate to a coastal location.

Outdoor Advertisements

Objective 43: An urban environment and rural landscape not disfigured by advertisements.

Objective 44: Advertisements in commercial and industrial urban areas, and center zones, designed to
enhance the appearance of those areas.

SECTION 25. - GENERAL ZONING PRINCIPLE. This Zoning Regulation is based on the approved
General and Urban Land Use Plans as per Ordinance No. 7959-2001 dated December 10, 2001 for the City
of Cagayan de Oro.

SECTION 26. - ZONE BOUNDARIES. The locations and boundaries of the above-mentioned
various Zones into which the City has been divided are hereby identified and specified on the Zoning Map.

SECTION 27. - INTERPRETATION OF THE ZONE BOUNDARY. In the interpretation of the


boundaries for any of the Zones indicated on the Zoning Map, the following rules shall apply:

1. Where zone boundaries are so indicated that they approximately follow the center of streets or
highway, the street or highway right-of-way lines shall be construed to be the boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot
lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the centerlines or
right-of-way lines of streets and highways, such zone boundaries shall be construed as being
parallel thereto and at such distance there from as indicated in the zoning map. If no distance is
given, such dimension shall be determined by the use of the scale shown in said Zoning Map.
4. Where the boundary of a zone follows a stream, lake, or other bodies of water, said boundary
line should be deemed to be at the limit of the political jurisdiction of the community unless
otherwise indicated. Boundaries indicated as following shorelines shall be construed to follow
such shorelines and in case of change in the shorelines, shall be construed as moving with the
actual shorelines.
5. Where a zone boundary line divides a lot, as of record at the effective date of this Ordinance, and
if no distance is given, such dimension shall be determined by the use of the scale shown in said
Zoning Map.
6. Where the zone boundary is indicated as one-lot-deep, said depth shall be the depth of each lot
respectively.
7. Where there is any change of parcel shape or missing parcel on the Zoning Map due to
consolidation, error in technical description, missing data and other circumstances, such
property shall be considered as falling within the less restrictive zone.

SECTION 28. - GENERAL ZONE REGULATIONS. Each zone list land uses that are, may, and are not,
considered appropriate, i.e. lists of permitted, special permit and prohibited uses, as follows:

General Zone Regulations


Column 1 Column 2 Column 3
Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will not
with or without conditions receive approval or require be approved and cannot be
Special Permit approval appealed
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 12 OF 31, ORDINANCE NO. 10384-2006,

List of the uses that are considered to be Everything else not listed as List of the uses that are
appropriate in the zone. „allowable‟ or „prohibited‟. considered to be inappropriate
in the zone.

The aim of the Ordinance is to give certainty to developers. Too much flexibility creates uncertainty
and is therefore not going to encourage economic activity, or a reasonable standard of development.

SECTION 29. - GENERAL PROVISION. The uses enumerated in the succeeding sections are neither
exhaustive nor all-inclusive. The CZBAA shall, subject to the requirements of this Article, allow other uses
not enumerated hereunder provided that they are compatible with the uses expressly allowed.

Allowance of further uses shall be based on the intrinsic qualities of the land and the socio-economic
potential of the locality with due regard to the maintenance of the essential qualities of the Zone.

SECTION 30. - USE REGULATIONS IN GENERAL RESIDENTIAL ZONE (GRZ). A GRZ shall be used
principally for dwelling / housing purposes so as to maintain peace and quiet of the area within the zone. The
following are the allowable and prohibited uses:

Use Regulations in General Residential Zone (GRZ)


Column 1 Column 2 Column 3
Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed
1. Detached dwelling Everything else not listed as Industry
2. Row-houses, apartments „allowable‟ or „prohibited‟ that
3. Residential Condominium is compatible with residential Commercial larger than 20
4. Apartment uses, and that do not create square meters in floor area
5. Hometel noise, or other pollution, or Agro-industry
6. Pension House major traffic congestion.
7. Hotel apartment or apartel
8. Dormitory
9. Boarding House Subdivision
10. Branch libraries and museums
11. Customary accessory uses like:
12. Servants quarter
13. Private garage Commercial larger than 10
14. Guard house square meters in floor area but
less than 20 square meters
15. Home occupation for the practice of
one‟s profession or for engaging home
business such as dressmaking, tailoring,
baking, running a sari-sari store and the
like provided that:
16. The number of persons engaged in such
business/industry shall not exceed five
(5), inclusive of the owner;
17. There shall be no change in the outside
appearance of the building premises;
18. No home occupation shall be
conducted in any customary accessory
uses cited above;
19. No traffic shall be generated by such
home occupation in greater volume
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 13 OF 31, ORDINANCE NO. 10384-2006,

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 the
required front yard;
20. No equipment or process shall be used
in such home occupation which creates
noise, vibration, glare, fumes, odors and
electrical interference detectable to the
normal senses and visual or audible
interference in any radio or television
receiver or causes fluctuations in line
voltage off the premises.

21. Home industry classified as cottage


industry provided that:
22. Such home industry shall not occupy
more than thirty percent (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 a hazard or nuisance.
23. Allotted capitalization shall not exceed
the capitalization as set by the
Department of Trade and Industry
(DTI);
24. Such shall consider same provisions as
enumerated in letters c, d and e number
12, home occupation, this section.

25. Recreational facilities for the exclusive


use of the members of the family
residing within the premises, such as:
26. Swimming pool
27. Pelota court
28. Others

29. Nursery / Elementary School


30. High School
31. Vocational School
32. Sports Club
33. Religious Use
34. Multi-purpose hall / barangay hall
35. Clinic, nursing and convalescing home,
health center
36. Plant nurseries

SECTION 31. - USE REGULATIONS IN C-1 ZONE. Referred to as the Neighborhood Center, a C-1
zone shall be principally for trade, services and business activities at a neighborhood scale. Enumerated below
are the allowable and prohibited uses:
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 14 OF 31, ORDINANCE NO. 10384-2006,

Use Regulations in C-1 Zone

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. General retail stores and shops like: Everything else not listed as Heavy and medium
a. Department store/shopping center „allowable‟ or „prohibited‟. industry
b. Book store and office supply shop Agro-industry
c. Car shop
d. Home appliance store
e. Photo shop
f. Flower shop

3. Food markets and shops like:


a. Bakery and bake shop
b. Wine store
c. Grocery
d. Mini-market

4. Personal services shops like:


a. Beauty parlor
b. Barber shop
c. Sauna bath and massage clinic
d. Dressmaking an tailoring shops

5. Restaurants and other eateries

6. Filling station/service station


7. Clinic
8. Messengerial service
9. Security agency
10. Janitorial service
11. Bank and other financial institution
12. Typing and photo engraving services
13. Repair of optical instruments and
equipment and cameras
14. Repair of clocks and watches
15. Transportation terminal/garage

SECTION 32. - USE REGULATIONS IN C-2 ZONE. A C-2 zone shall be for quasi-trade, business
activities and service industries performing complimentary/supplementary functions to principally
commercial C-3 Zone for the CBD and District Center Zone. Within the C-2 zone the following uses shall
be allowed and prohibited:
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 15 OF 31, ORDINANCE NO. 10384-2006,

Use Regulations in C-2 Zone

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Repair shops like: Everything else not listed as Heavy and medium
a. House appliances „allowable‟ or „prohibited‟. industry
b. Motor vehicles and accessory Agro-industry
c. Home furnishing shops
2. Transportation terminal/garage with
repair
3. Publishing
4. Medium scale junk shop
5. Machinery display shop/center
6. Gravel and sand
7. Lumber/hardware
8. Manufacture of ice, ice blocks, cubes,
tubes, crush except dry ice
9. Manufacture of signs and advertising
displays (except printed)
10. Chicharon factory
11. Welding shops
12. Machine shop service operation
(repairing/rebuilding, or custom job
orders)
13. Repair of motorcycles
14. Lechon or whole pig roasting
15. Biscuit factory – manufacture of biscuits,
cookies, crackers and other similar dried
bakery products
16. Doughnut and hopia factory
17. Other bakery products not elsewhere
classified
18. Repacking of food products e.g. Fruits,
vegetables, sugar and other related
products
19. Funeral parlors, mortuaries and
crematory services and memorial chapels
20. Parking lots, garage facilities
21. Other commercial activities not
elsewhere classified.

SECTION 33. - USE REGULATIONS IN C-3 ZONE. Referred to as the Central Business District
(CBD), a C-3 zone shall be principally for trade, services and business activities that are regional in scope and
where market activities generate traffic and require utilities and services that extend beyond local boundaries.
Enumerated below shall be the allowable and prohibited uses:
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 16 OF 31, ORDINANCE NO. 10384-2006,

Use Regulations in C-3 Zone


Column 1 Column 2 Column 3
Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Offices like:
a. Office building Everything else not listed as Heavy and medium
b. Office condominium „allowable‟ or „prohibited‟. industry
Agro-industry
2. General retail stores and shops like:
a. Department store/shopping center
b. Book store and office supply shop
c. Car shop
d. Home appliance store
e. Photo shop
f. Flower shop

3. Food markets and shops like:


a. Bakery and bake shop
b. Wine store
c. Grocery
d. Supermarket

4. Personal services shops like:


a. Beauty parlor
b. Barber shop
c. Sauna bath and massage clinic
d. Dressmaking an tailoring shops

5. Recreational center/ establishments


like:
a. Movie house/theater
b. Playcourt e.g. Tennis, bowling,
billiard
c. Swimming pool
d. Day and night club
e. Stadium , coliseum, gymnasium
f. Other sports and recreational
establishments

6. Restaurants and other eateries

7. Short term special education like:


a. Dancing schools
b. Schools for self-defense
c. Driving schools
d. Speech clinics

8. Storeroom and warehouse but only as


may be necessary for the efficient
conduct of the business
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 17 OF 31, ORDINANCE NO. 10384-2006,

9. Commercial condominium (with


residential units in upper floors)
10. Commercial housing like:
a. Hotel
b. Apartment
c. Apartel
d. Boarding house
e. Dormitory
f. Pension house
g. Club house
h. Motel

11. Embassy/consulate
12. Library, museum
13. Filling station/service station
14. Clinic
15. Vocational/technical school
16. Convention center and related facilities
17. Messengerial service
18. Security agency
19. Janitorial service
20. Bank and other financial institution
21. Radio and television station
22. Building garage
23. Commercial job printing
24. Typing and photo engraving services
25. Repair of optical instruments and
equipment and cameras
26. Repair of clocks and watches
27. Manufacture of insignia, badges and
similar emblems except metal
28. Transportation terminal/garage
29. Plant nurseries
30. Scientific, cultural and academic centers
and research facilities except nuclear,
radioactive, chemical and biological
warfare facilities.

SECTION 34. - USE REGULATION IN LIGHT INDUSTRIAL ZONE (I-1). An I-1 zone shall be for
non-pollutive/ non-hazardous manufacturing/processing establishments, compatible with adjoining
residential areas. Enumerated below shall be the allowable and prohibited uses:

Use Regulation in Light Industrial Zone (I-1)

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Drying fish Everything else not listed as List of the uses that are
2. Biscuit factory – manufacture of biscuits, „allowable‟ or „prohibited‟. considered to be
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 18 OF 31, ORDINANCE NO. 10384-2006,

cookies, crackers and other similar dried inappropriate in the zone.


bakery products
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti & Non-pollutive but
vermicelli & other noodles hazardous Industries.
5. Other bakery products not elsewhere
classified (N.E.C.)
6. Life belts factory
7. Manufacture of luggage, handbags,
wallets and small leather goods
8. Manufacture of miscellaneous products
of leather and leather substitute and
N.E.C.
9. Manufacture of shoes except rubber,
plastic and wood
10. Manufacture of slipper and sandal except
rubber and plastic
11. Manufacture of footwear parts except
rubber and plastic
12. Printing, publishing and allied industries
and those N.E.C.
13. Manufacture or assembly of typewriters,
cash registers, weighing, duplicating and
accounting machines
14. Manufacture or assembly of electronic
data processing machinery and
accessories
15. Renovation and repair of office
machinery
16. Manufacture or assembly of
miscellaneous office machines and those
N.E.C.
17. Manufacture of rowboats, bancas,
sailboats
18. Manufacture of animal drawn vehicles
19. Manufacture of children vehicles and
baby carriages
20. Manufacture of laboratory and scientific
instruments, barometers, chemical
balance, etc.
21. Manufacture of measuring and
controlling equipment, plumb bomb,
rain gauge, taxi meter, thermometer, etc.
22. Manufacture or assembly of surgical,
medical, dental equipment and medical
furniture
23. Quick freezing and cold packaging for
fish and other seafoods
24. Quick freezing and cold packaging for
fruits and vegetables
25. Popcorn/rice factory
26. Manufacture of medical/surgical
supplies: adhesive tapes, antiseptic
dressing, sanitary napkins, surgical
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 19 OF 31, ORDINANCE NO. 10384-2006,

gauge, etc.
27. Manufacture of orthopedic and
prosthetic appliances (abdominal
supporter, ankle supports, arch support,
artificial limb, kneecap supporters, etc.)
28. Manufacture of photographic equipment
and accessories
29. Manufacture or assembly of optical
instruments
30. Manufacture of eyeglasses and spectacles
31. Manufacture of optical lenses
32. Manufacture of watches and clocks
33. Manufacture of pianos
34. Manufacture of string instruments
35. Manufacture of wind and percussion
instruments
36. Manufacture of assembly of electronic
organs
37. Manufacture of sporting gloves and
mitts
38. Manufacture of sporting balls (not of
rubber or plastic)
39. Manufacture of gym and playground
equipment
40. Manufacture of sporting tables (billiards,
pingpong, pool)
41. Manufacture of other sporting and
athletic goods, N.E.C.
42. Manufacture of toys and dolls except
rubber and mold plastic
43. Manufacture of pens, pencils and other
office and artist materials
44. Manufacture of umbrella and canes
45. Manufacture of buttons except plastic
46. Manufacture of brooms, brushes and
fans
47. Manufacture of needles, pens, fasteners
and zippers
48. Manufacture of insignia, badges and
similar emblems (except metal)
49. Manufacture of signs and advertising
displays (except printed)
50. Small scale manufacture of ice cream

SECTION 35. - USE REGULATIONS IN GENERAL INDUSTRIAL ZONE (I-2). An I-2 zone shall be for
and potentially pollutive/hazardous manufacturing and processing establishments. Enumerated below shall
be the allowable and prohibited uses:

Use regulations in General Industrial Zone (I-2)

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 20 OF 31, ORDINANCE NO. 10384-2006,

with or without conditions receive approval or require not be approved and


Special Permit approval cannot be appealed

All non-polutive industry. Everything else not listed as All residential development.
„allowable‟ or „prohibited‟.

SECTION 36. - USE REGULATIONS IN GENERAL INSTITUTIONAL ZONE (GIZ). In GIZ, the
following uses shall be allowed and prohibited:

Use Regulations in General Institutional Zone (GIZ)

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Government center to house national, Everything else not listed as Potentially pollutive or
regional or local offices in the area „allowable‟ or „prohibited‟. hazardous industry.
2. Colleges, universities, professional
business schools, vocational and trade Support personal and business
schools, technical schools and other services related under allowable
institutions of higher learning uses of this Zone.
3. General hospitals, medical centers,
multipurpose clinics
4. Scientific, cultural and academic centers
and research facilities except nuclear,
radioactive, chemical and biological
warfare facilities
5. Convention centers and related facilities
6. Religious structures e.g. Church,
seminary, convents
7. Museums
8. Embassies/consulate
9. Student housing e.g. Dormitories,
boarding house

SECTION 37. - USE REGULATIONS IN SPECIAL INSTITUTIONAL (SIZ) ZONE. In SIZ, the following
uses shall be allowed and prohibited:

Use Regulations in Special Institutional (SIZ) Zone

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 21 OF 31, ORDINANCE NO. 10384-2006,

1. Welfare homes, orphanages, boys and Everything else not listed as Potentially pollutive or
girls town, home for the aged and the „allowable‟ or „prohibited‟. hazardous industry.
like
2. Rehabilitation and vocational training Support personal and business
center for ex-convicts, drug addicts, services related under allowable
unwed mothers, physically, mentally and uses of this Zone.
emotionally handicapped, ex-sanitaria
inmates and similar establishments
3. Military camps/reservations/bases and
training grounds
4. Penitentiary and correctional institution

SECTION 38. - USE REGULATIONS IN PARKS AND RECREATION ZONE (PRZ). The following uses
shall be allowed in parks and recreation zones:

Use Regulations in Parks and Recreation zone (PRZ)


Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Parks/gardens Support personal and business Everything else not listed as


2. Resort areas e.g. Beaches, including services related under allowable „allowable‟ uses under
accessory uses uses of this Zone. Columns 1 & 2.
3. Open air or outdoor sports activities and
support facilities, including low rise
stadia, gyms, amphitheaters and
swimming pools
4. Golf courses, ball courts, race tracks and
similar uses
5. Memorial /shrines monuments, kiosks
and other park structures
6. Sports club
Underground parking
structures/ facilities

SECTION 39. - USE REGULATIONS FOR AGRICULTURAL ZONE (AGZ). In AG Zone the following
uses shall be permitted or prohibited:

Use Regulations for Agricultural Zone (AGZ)


Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Cultivation, raising and growing of Everything else not listed as List of the uses that are
staple crops such as rice, corn, camote, „allowable‟ or „prohibited‟. considered to be
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 22 OF 31, ORDINANCE NO. 10384-2006,

cassava and the like inappropriate in the zone.


2. Growing of diversified plants and trees, Support personal and business
such as fruit and flower bearing trees, services related under allowable
coffee, tobacco, etc. uses of this Zone.
3. Silviculture, mushroom culture, fishing
and fish culture, snake culture, crocodile
farm, monkey raising and the like
4. Customary support facilities such as
palay dryers and rice treshers and storage
barns and warehouses
5. Ancillary dwelling units/farmhouses for
tillers and laborers
6. Agricultural research and
experimentation facilities such a
breeding stations, fish farms, nurseries,
demonstration farms, etc.
7. Pastoral activities such as goat raising and
cattle fattening
8. Backyard raising of livestock and fowl,
provided that:

a. For livestock - a maximum of 10


heads
b. For fowl – a maximum of 500 birds

SECTION 40. - USE REGULATIONS IN AGRO-INDUSTRIAL ZONE (AIZ). In the AI zone the
following uses shall be permitted and prohibited:

Use Regulations in Agro-Industrial Zone (AIZ)

Column 1 Column 2 Column 3

Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. All uses allowed in agriculture Everything else not listed as List of the uses that are
2. Rice/corn mills (single pass) „allowable‟ or „prohibited‟. considered to be
3. Drying, cleaning, curing and preserving inappropriate in the zone.
of meat and its by products and
derivatives
4. Drying, smoking and airing of tobacco
5. Flour mill
6. Cassava flour mill
7. Manufacture of coffee
8. Manufacture of unprepared animal
feeds, other grain milling, N.E.C.
9. Production of prepared feeds for animals
10. Cigar and cigarette factory
11. Curing and redrying tobacco leaves
12. Miscellaneous processing tobacco leaves,
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 23 OF 31, ORDINANCE NO. 10384-2006,

N.E.C.
13. Weaving hemp textile
14. Jute spinning and weaving
15. Manufacture of charcoal
16. Milk processing plants (manufacturing
filled, reconstituted or recombined milk,
condensed or evaporated)
17. Butter and cheese processing plants
18. Natural fluid milk processing
(pasteurizing, homogenizing,
vitaminizing, bottling of natural animal
milk and cream related products)
19. Other dairy products, N.E.C.
20. Canning and preserving of fruits and
fruit juices
21. Canning and preserving of vegetable and
vegetable juices
22. Canning and preserving of vegetable
sauces
23. Miscellaneous canning and preserving of
fruit and vegetables N.E.C.
24. Fish canning
25. Patis factory
26. Bagoong factory
27. Processing, preserving and canning of
fish and other seafoods N.E.C.
28. Manufacture of dessicated coconut
29. Manufacture of starch and its products
30. Manufacture of wines from juices of
local fruits
31. Vegetable oil mills, including coconut
oil
32. Sugarcane milling (centrifugal and
refines)
33. Sugar refining
34. Muscovado sugar mill
35. Cotton textile mill
36. Manufacture / processing of other
plantation crops e.g. Pineapple, bananas,
etc.
37. Other commercial handicrafts and
industrial activities utilizing plant or
animal parts and/or products as raw
materials, N.E.C.
38. Other accessory uses incidental to agro-
industrial activities

SECTION 41. - USE REGULATIONS IN FOREST ZONES (FZ). No development use, or activity shall
be allowed in forest zones unless consistent with the department of environment and natural resources‟
(DENR) development regulations for forest zones and a permit, lease or license is issued by the DENR for
the following:
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 24 OF 31, ORDINANCE NO. 10384-2006,

Use Regulations in Forest Zones (FZ)


Column 1 Column 2 Column 3
Allowable Uses, i.e. will be approved Uses that may or may not Prohibited Uses, i.e. will
with or without conditions receive approval or require not be approved and
Special Permit approval cannot be appealed

1. Contract reforestation with forest land Everything else not listed as List of the uses that are
management agreement [FLMA] „allowable‟ or „prohibited‟. considered to be
2. Commercial tree plantation and inappropriate in the zone.
industrial forest plantation [IFP]
3. Integrated social forestry programs [ISF]
4. Community based forest management
5. Reforestation compliance by forest users
by temporary lease agreement
6. Reforestation compliance by pasture
lease agreement
7. Ecological revolution programs
[ECOREV]

Other allowable uses such a mining, infrastructure development, fishpond and resettlement
purposes should be in consonance with national policies as enumerated below:

1. Mining - No extraction excavation or other mining activity shall be


undertaken except in accordance with the mining code and its
implementing rules and regulations.

2. Fishpond purposes - Fishing activities within the Forest Zone shall be undertaken
pursuant to the provisions of the fisheries code and its
implementing rules and regulations and the revised forestry code of
the Philippines as amended.

3. Infrastructure and resettlement - Infrastructure development and resettlement undertaken within


Forest Zones shall be consistent with the provisions of the revised
forestry code of the Philippines, as amended, and subject to an
environmental impact assessment, prior to the approval of such
projects in order to determine their environmental impacts and
social acceptability.

SECTION 42. - USE REGULATIONS IN PLANNED UNIT DEVELOPMENT (PUD). In all existing
approved subdivision projects, the landuse shall be permitted in accordance with its approved Development
Permit. All uses that are considered to be inappropriate in the approved Subdivision Plan shall be prohibited
uses.

In event that the owner/developer of the Subdivision Project / portion of the subdivision intends to
use certain lots other than its approved uses, an Alteration Permit shall be approved.

SECTION 43. - REGULATIONS IN TOURIST ZONE (TZ). No tourism project or tourist related
activities shall be allowed in tourist zones unless developed or undertaken in accordance with the Department
of Tourism [DOT] guidelines and standards and granted approval by the Tourism Estate Department of
DOT.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 25 OF 31, ORDINANCE NO. 10384-2006,

SECTION 44. - UTILIZATION OF WATER RESOURCES. The utilization of the water resources for
domestic and industrial use shall be allowed provided it is in consonance with the development regulations of
DENR, provisions of the water code, and the revised forestry code of the Philippines, as amended, and
provided further, that it is subjected to an environmental impact assessment prior to the approval of its use.

Other uses such as recreation, fishing and related activities, floatage/transportation and mining (e.g.
off shore oil exploration), shall also be allowed provided it is in consonance with the provisions of the water
code, and the revised forestry code of the Philippines, as amended.

Such bodies of water shall include rivers, streams, lakes and seas.

SECTION 45. - DEVELOPMENT DENSITY. Permitted density shall be based on the zones capacity to
support development.

A. Residential zones

1. High-density residential development allowed density is more than seventy (70) dwelling units
per hectare.
2. Medium density residential development allowed density is twenty one to seventy (21 to 70)
dwelling units per hectares;
3. Low density residential development allowed density is twenty (20) dwelling units and below
per hectare;

B. All other zones

There is no fixed maximum density but should be based on the planned absolute level of density that
is intended for each concerned zone based on the comprehensive land use plan.

SECTION 46. - BUILDING DENSITY REGULATIONS. The allowable building densities in the zones
and subzones defined in this Ordinance are enumerated below. Building density shall be controlled by the
maximum Floor Area Ratio (FAR) and maximum lot coverage.

FAR is defined as the ratio between the Gross Floor Area (GFA) of a building and the area of the lot
on which it is built. The total GFA of any building or buildings in a lot should not exceed the prescribed
maximum FAR multiplied by the lot area. Unless otherwise prescribed in this Ordinance, prescribed
maximum FARs shall apply only to developable lots and not to roads and other lots or parcels of land not
intended for vertical development.

Maximum lot coverage shall be prescribed for zones and subzones in order to preserve the open
space character of the area and to provide better ventilation of the building. Lot coverage is defined as the
percentage of total area covered by the building in the lot on which it is built.

Building Density
ZONE Maximum Maximum
FAR Lot Coverage
Low Density Residential Zone (R1) 2.0 65%
Medium Residential Zone (R2) 2.0 75%
General Residential Zone High Density Residential Zone (R3) 3.0 80%
(GRZ) Socialized Housing Area (R4) 1.6 80%
Rural Residential Area (R5) 1.0 65%
Low Density Commercial Zone (C-1) 4.0 80%
Commercial Zone Medium Density Commercial Zone (C-2) 5.0 80%
High Density Commercial Zone (C-3) 10.0
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 26 OF 31, ORDINANCE NO. 10384-2006,

Industrial Zone Light Industrial Zone (I-1) 65%


General Industrial Zone (I-2) 65%
Institutional Zone General Institutional Zone (GIZ) 60%
Special Institutional Zone (SIZ) 60%
Parks and Recreational Zone (PRZ) 20%
Agro-Industrial Zone (AIZ) 50%
Tourism Zone (TZ) 20%
Areas whose slope = more than 18% 0.6 30%

SECTION 47. - HEIGHT REGULATIONS. Building height must conform to the height restrictions
and requirements of the Air Transportation Office (ATO) as well as the requirements of the National
Building Code, the Structural Code as well as all laws, ordinances, design standards, rules and regulations
related to land development and building construction and the various safety codes.

A. Residential zones

A.1 low density residential development no building or structure for human occupancy whether
public or private shall be higher than ten (10) meters above highest natural grade line in the
property or front sidewalk (main entry) level; low rise dwellings are up to three storeys.
A.2 medium density residential development no building or structure for human occupancy
whether public or private shall be higher than twenty-one (21) meters above highest natural
grade line in the property or front sidewalk (main entry) level; mid-rise dwellings are four
to seven storeys.
A.3 high density residential development high rise dwelling units of more storeys are allowed
provided it conforms with the zone‟s prescribed floor area ratio (FAR). The FAR shall be
based on the planned building density intended for the zone.

B. All other zones

There is no fixed building height limits except those prescribed by the Air Transportation
Office [ATO] and other government regulations. Within these zones, building heights shall be
based on the prescribed Floor Area Ratio [FAR].

SECTION 48. - EXEMPTIONS FROM HEIGHT REGULATION. Exempted from the imposition of
height regulations in residential zones are the following: towers, church, steeples, water tanks and other
utilities and such other structures not covered by the height regulations of the national building code and/or
the air transportation office.

SECTION 49. - AREA REGULATIONS. Area regulation in all Zones shall conform with the
minimum requirement of the existing codes such as:

a) P.D. 957 - the “subdivision and condominium buyers‟ protective law” and its revised
implementing rules and regulations.
b) B.P. 220 – “promulgation of different levels of standards and technical requirements for
economic and socialized housing projects” and it‟s revised implementing rules and regulations”.
c) P.D. 1096 - National Building Code
d) Fire Code
e) Sanitation Code
f) Plumbing Code
g) Structural Code
h) Executive Order no. 648
i) Other relevant guidelines promulgated by the national agencies concerned.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 27 OF 31, ORDINANCE NO. 10384-2006,

SECTION 50. - GEO-TECHNICAL CONDITIONS. In order to avoid landslide and other similar
accident, geo-technical report is required for all structure indicating the soil condition where the structure is
to be located and whether the footing design is appropriate for those conditions.

SECTION 51. - ACCESS TO ROAD OR RIGHT-OF-WAY. Ever lot shall have direct access to a public
road or right-of-way at least 4 meters wide for pedestrian and vehicular access.

SECTION 52. - SUBDIVISION DEVELOPMENT GUARANTEE. A development guarantee in the form


of a binding and secure Bank Guarantee equivalent to the 20% of development cost of the subdivision (or a
stage thereof) including all approved roadworks and infrastructure shall be lodged with the City to enable it to
complete the works in the event that the developer fails to do so. Such bond shall be returned to the bank on
satisfactory completion of the works.

SECTION 53. - ROAD SETBACK REGULATIONS. The following minimum road setbacks shall be
applied:

Minimum Road Setback


Zoning Classification Major Thoroughfare Secondary Road Local Road
(30m wide & above) (between 8 & 30m wide) (8m wide)

Residential 5m. 3m. 2m.


Commercial 8m. 5m. 3m.
Industrial 20m. 15m. 10m.
Agriculture 20m. 20m. 10m.
Agro-industrial 20m. 15m. 10m.
Institutional 15m. 10m. 5m.
Parks & recreation 10m. 10m. 3m.

SECTION 54. - EASEMENT. Pursuant to the provisions of the Water Code, the banks of rivers and
streams and the shores of the seas and lakes throughout their entire length and within a Zone of three (3)
meters in urban areas; twenty (20) meters in agricultural areas and forty (40) meters in forest areas, along their
margins, shall be subject to easement of public use in the interest of recreation, navigation, floatage, fishing
and salvage.

No person shall be allowed to stay in this zone longer than what is necessary for space or recreation,
navigation, floatage, fishing or salvage or to build structures of any kind.

SECTION 55. - BUFFER REGULATIONS. A buffer of 3 meters shall be provided on each side along
the entire zone boundary length between two or more conflicting zones. Such buffer strip should be open
and not encroached upon by any building or structure and should be a part of the yard or open space, and
include a solid concrete or masonry wall on the boundary at least 2 meters high and constructed as part of the
industrial or other conflicting development.

SECTION 56. - SPECIFIC PROVISIONS IN THE NATIONAL BUILDING CODE. Specific provisions
stipulated in the National Building Code (P.D. 1096) as amended thereto relevant to traffic generators,
advertising and business signs, erection of more than one principal structure, dwelling or rear lots, access yard
requirements and dwelling groups, which are not in conflict with the provisions of the Zoning Ordinance,
shall be observed.

SECTION 57. - SUBDIVISION PROJECTS. All owners and/or developers or subdivision projects shall
in addition to securing a Locational Clearance be required to secure a Development Permit pursuant to
provisions of PD 957 and its implementing rules and regulations or BP 220 and its implementing rules and
regulations in the case of socialized housing projects in accordance with the procedures laid down in EO 71,
series of 1993.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 28 OF 31, ORDINANCE NO. 10384-2006,

SECTION 58. - INNOVATIVE TECHNIQUES OR DESIGNS. Applications for projects that introduce
flexibility and creativity in design or plan such as but not limited to Planned Unit Development, housing
projects covered by New Town development under RA 7279, BLISS commercial complexes, etc., may be
approved by the Zoning Administrator/Zoning Officer provided that:

1. The proposed land use will not alter the essential character of the zone, especially its density,
traffic/parking generation, sewerage and the dominant land use of the zone;
2. Necessary environmental clearances, social acceptability and other government approvals are
obtained;
3. Other plans or studies that may be required by the office of the Zoning Administrator/Zoning
Officer in order to assess the application are submitted;
4. The application follows the process prescribed by the Office of the Zoning Administrator/
Zoning Officer.

SECTION 59. - DEVIATION. Deviations from the provisions of this Ordinance may be allowed by
the CZBAA only when the following terms and conditions are existing:

a) The deviation is limited to design standards and not to land use;


b) The deviation will be in harmony with the Objectives listed in this Ordinance;
c) Conforming to the provisions of the Ordinance is unreasonably difficult due to physical conditions
of the property (topography, shape, etc.) which is not self created;
d) The proposed deviation is the minimum deviation necessary to permit reasonable use of the
property;
e) The deviation will not adversely affect the appropriate use of adjoining properties;
f) The deviation will not alter the essential character and general purpose of the Zone where the
deviation sought is located;
g) The deviation will not weaken the general purpose of the Ordinance and will not adversely affect the
public health, safety or welfare;
h) The proposed project shall support economic based activities/provide livelihood, vital community
services or facilities.

SECTION 60. - PROCEDURE FOR DEVIATIONS. The procedure for the granting of deviations shall
be as follows:

1. A written application for a deviation shall be filed with the CZBAA citing the section of this
Ordinance under which the same is sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed
project) shall be posted at the project site.
3. The City Zoning Board of Adjustment and Appeals (CZBAA) shall conduct preliminary studies on
the application.
4. A written affidavit of non-objection of the project by the owners of the properties adjacent to the
project shall be filed by the applicant with the CZBAA at least fifteen (15) days prior to the decision
for deviation.
5. In case of objection, the CZBAA shall hold public hearing.
6. At the hearing, any party may appear in person, or be represented by agent/s. All interested parties
shall be accorded the opportunity to be heard and present evidences and testimonies.
7. The CZBAA shall render a decision within thirty (30) days from the filing of the application,
exclusive of the time spent for the preparation of written affidavit of non-objection and the public
hearing in case of any objection to the granting of deviation.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 29 OF 31, ORDINANCE NO. 10384-2006,

ARTICLE V
REVIEW OF ZONING ORDINANCE PROCESS, TIMING

SECTION 61. - REVIEW OF THE ZONING ORDINANCE. The City Development Council shall
create a sub-committee, the Local Zoning Review Committee (LZRC) that shall review the Zoning
Ordinance considering the Comprehensive Land Use Plan, as the need arises, based on the following
reasons/situations:

a. Change in local development plans


b. Introduction of projects of national significance
c. Petition for rezoning
d. Other reasons which are appropriate for consideration

SECTION 62. - COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE (LZRC). The local
zoning review committee shall be composed of sectoral experts, as follows:

1. City Planning and Development Coordinator


2. City Health Officer
3. City Agriculturist
4. President, Association of Barangay Captains
5. City Engineer
6. City Environment and Natural Resources Officer (CENRO)
7. Municipal Agrarian Reform Officer (MARO)
8. District School Supervisor
9. Three (3) Private Sector Representatives [Local Chamber of Commerce, Housing Industry and
Homeowner‟s Association]
10. Two (2) NGO Representatives from the City Development Council (CDC)

For purposes of policy and program coordination, the LZRC shall be attached to the City
Development Council.

SECTION 63. - FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE. The Local Zoning
Review Committee shall have the following powers and functions:

A. Review the Zoning Ordinance for the following purposes:


1. Determine amendments of revisions necessary in the Zoning Ordinance because of changes
that might have been introduced in the Comprehensive Land Use Plan.
2. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of
permits given, and exceptions and variances granted.
3. Identify provisions of the ordinance difficult to enforce or are unworkable.

B. Recommend to the Sangguniang Panglungsod necessary legislative amendments and to the local
planning and development staff the needed changes in the plan as a result of the review conducted.

C. Provide information to the HLURB that would be useful in the exercise of its functions.

SECTION 64. - AMENDMENTS TO THE ZONING ORDINANCE. Changes in the Zoning Ordinance
as a result of the review by the Local Zoning Review Committee (LZRC) 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 by the Local Zoning Review Committee and shall be carried out through an
Ordinance of three fourths vote of the Sangguniang Panglungsod. Said amendments shall take effect only
after approval and authentication by HLURB.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 30 OF 31, ORDINANCE NO. 10384-2006,

ARTICLE VI
ENFORCEMENT

SECTION 65. - RIGHT TO INSPECT PROPERTY. Officers appointed by the City Mayor, and in any
case the Zoning Administrator/Zoning Officer and Zoning Inspectors, shall be authorized to enter private
property to inspect it for compliance with the provisions of this Ordinance.

SECTION 66. - INSPECTION OF INACCESSIBLE PROPERTY. Where a property cannot be accessed


due to locks or the like, the owner thereof shall provide access thereto within one week of receiving a notice
in writing.

SECTION 67. - VIOLATION AND ADMINISTRATIVE PENALTIES. Any person who violates any of the
provisions of this Ordinance shall, after due notice, be punished by an administrative fine not exceeding
P5,000 or at the discretion of the court, an imprisonment for a period not exceeding one (1) year or both fine
and imprisonment.

If the violation is committed by a company, corporation, partnership or association, the managing


partners, directors or any person in-charge with the management thereof shall be held responsible.
Professionals who are in charge of the project, if found to be constructing any structure without the necessary
Locational Clearance in violation of this Ordinance, shall be held liable and the case will be referred to the
Professional Regulation Commission (PRC) for appropriate action. City Building Offical found to be issuing
building permits without the required Locational Clearance shall likewise be held liable and the case will be
referred to the City Mayor for appropriate action.

ARTICLE VII
FINAL PROVISIONS

SECTION 68. - CERTIFICATE OF NON-CONFORMANCE. A certificate of non-conformance shall be


applied for by the owner of the structure or operator of the activity involved within six (6) months from the
ratification of the zoning ordinance by the HLURB. Failure on the part of the owner to register/apply for a
certificate of non-conformance shall be considered in violation of the Zoning Ordinance and is subject to
fine/penalties.

Upon approval of this ordinance, the Zoning Administrator/Zoning Officer shall immediately notify
owners or known existing non-conforming use to apply for a certificate of non-conformance.

SECTION 69. - ISSUANCE OF BUSINESS AND OTHER LOCAL PERMITS. Subject to the pertinent
legalities, business license, mayor‟s and other local permits shall only be issued upon compliance with the
provisions of this Ordinance or satisfactory proof of non-coverage thereof, including but not limited to the
payment of fees, surcharge, fines and compliance with sanctions which may have been properly imposed.

SECTION 70. - OWNER/OPERATOR/TENANT RESPONSIBILITIES. At all times the owner of a


property shall be responsible for activities undertaken on said property. Operators or tenants shall also be
responsible for activities undertaken by them.

SECTION 71. - SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be
declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

SECTION 72. - REPEALING CLAUSE. All ordinances, rules or regulations in conflict with the
provisions of this ordinance are hereby repealed; Provided, That the rights that are vested upon the effectivity
of this Ordinance shall not be impaired.
Republic of the Philippines
CITY OF CAGAYAN DE ORO

OFFICE OF THE CITY COUNCIL


(08822) 724854; (088) 857-4029; 857-4035; 857-2258

PAGE 31 OF 31, ORDINANCE NO. 10384-2006,

SECTION 73. - EFFECTIVITY CLAUSE. This ordinance shall take effect upon approval by the
Housing and Land Use Regulatory Board.

UNANIMOUSLY APPROVED.

Present: - Councilor Juan Y. Sia - Councilor Edgar S. Cabanlas


- Councilor Ian Mark Q. Nacaya - Councilor Alfonso C. Goking
- Councilor Jose Benjamin A. Benaldo - Councilor Reynaldo N. Advincula
- Councilor Maryanne C. Enteria - Councilor Zaldy O. Ocon
- Councilor Alexander S. Dacer

Out of the Session Hall: - Councilor Caesar Ian E. Acenas - Councilor Alvin R. Calingin
- Councilor Simeon V. Licayan - Councilor Jerico Goldmar P. Ebabacol

On Official Business: - Councilor Annie Y. Daba

DONE in the City of Cagayan de Oro this 20TH day of November 2006.

I hereby certify to the correctness of the aforestated Ordinance.

ARTURO S. DE SAN MIGUEL


CITY COUNCIL SECRETARY

Attested as duly enacted:

MICHELLE T. SPIERS
CITY VICE MAYOR
PRESIDING OFFICER

Approved:

VICENTE Y. EMANO
CITY MAYOR

Attested:

MARY JANE L. BUTASLAC


ASSISTANT CITY BUDGET OFFICER

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