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Zoning Ordinance of the Municipality of Ternate

ZONING ORDINANCE
OF THE
MUNICIPALITY OF TERNATE
2011 - 2020

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Zoning Ordinance of the Municipality of Ternate

Table of Contents

Page
Municipal Ordinance 4

ARTICLES

I Title of the Ordinance 4


II Authority and Purpose 4

Section 2 Authority
Section 3 Purpose
Section 4 General Zoning Principle

III Definition of Terms 5 - 13


IV Zone Classification 13

Section 5 Division into Zones or District 13 - 14


Section 6 Zoning Maps 14 - 16
Section 7 Zone Boundaries 17 - 21
Section 8 Interpretation of the Zone Boundary 22

V Zone Regulations 23

Section 9 General Provision 23


Section 10 Use Regulations in General Residential Zones
(GRZ) 23 - 24
Section 10a. Use Regulations in Socialized Housing Zones
(SHZ) 24
Section 11 Use Regulations in General Commercial Zones
(GCZ) 25 - 27
Section 12 Use Regulations in Light Industrial Zones (I-1) 27 - 30
Section 15 Use Regulations in General Institutional Zones
(GIZ) 30
Section 15a Use Regulations in Special Institutional Zones
(SIZ) 30 - 31
Section 16 Use Regulations in Parks and Recreation Zones
(PRZ) 31
Section 17 Use Regulations for Agriculture (Agr) Zone (AGZ) 31 - 32
Section 18 Use Regulations in Agro-Industrial Zones (AIZ) 32 - 33
Section 19 Use Regulations in Forest Zones (FZ) 33 - 34
Section 20 Use Regulations in Water Zones (WZ) 34
Section 21 Use Regulations in Tourist Zones (TZ) 34

VI General District Regulation 34

Section 22 Development Density 34 - 35


Section 23 Height Regulations 35
Section 24 Exemptions from Height Regulations in R-1 & R-2 35
Section 25 Area Regulations 36
Section 26 Road Setback Regulations 36
Section 27 Easement 36 - 37
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Zoning Ordinance of the Municipality of Ternate

Section 28 Buffer Regulations 37


Section 29 Specific Provision in the National Building Code 37

VII Innovative Technique 37

Section 30 Innovative Techniques or Design 37

VIII Miscellaneous Provisions 37

Section 31 Projects of National Significance 37


Section 32 Environmental Compliance Certificate (ECC) 37
Section 33 Subdivision Projects 37

IX Mitigating Devices 37

Section 34 Deviation 37 - 38
Section 35 Procedures for Granting Exceptions
and Variances 38 - 39

X Administration and Enforcement 39

Section 36 Locational Clearance 39


Section 37 Building Permit 39
Section 38 Non-User of Locational Clearance 39
Section 39 Certificate of Non-Conformance 39
Section 40 Certificate Non-Conforming Uses and Buildings 39 - 40
Section 41 Responsibility for Administration and Enforcement 40
Section 42 Powers and Function of a Zoning Administrator/
Zoning Officer 40 - 41
Section 43 Action on Complaints and Opposition 41
Section 44 Functions and Responsibilities of the Local
Zoning Board of Adjustment and Appeals 41
Section 45 Composition of Local Zoning Board of
Adjustment and Appeals (LZBAA) 41 - 42
Section 46 Interim Provision 42
Section 47 Review of the Zoning Ordinance 42
Section 48 Composition of the Local Zoning Review
Committee (LZRC) 42 - 43
Section 49 Functions of the Local Zoning Review Committee 43
Section 50 Amendments to the Zoning Ordinance 43
Section 51 Violation and Penalty 43
Section 52 Suppletory Effect of Other Laws and Decrees 43
Section 53 Separability Clause 43
Section 54 Repealing Clause 44
Section 55 Effectivity Clause 44

Consolidated Zoning Map and Sea Use Plan 45


General Zoning Map of Ternate 2010 46
General Zoning Map of Ternate 2020 47

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Zoning Ordinance of the Municipality of Ternate

MUNICIPAL ORDINANCE No.__ 2014


Series of 2014

AN ORDINANCE ENACTING THE ZONING REGULATIONS OF THE MUNICIPALITY OF


TERNATE, PROVINCE OF CAVITE AND PROVIDING FOR THE ADMINISTRATION,
ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT THEREWITH.

Be it enacted by the Sangguniang Bayan of Ternate, Province of Cavite:

WHEREAS, the implementation of 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 of the Comprehensive Land Use Plan;

WHEREAS, the Local Government Code authorizes local government units to enact zoning
ordinances subject to and in accordance with the existing laws;

WHEREAS, the local governments are mandated to mainstream disaster risk reduction and
climate change in development processes such as policy formulation, socio-economic
development planning, budgeting and governance, particularly in the areas of environment,
agriculture, water, energy, health, education, poverty reduction, land use and urban
planning and public infrastructure and housing;

WHEREAS, NIPAS declared the policy of the state to secure for the Filipino people of
present and future generations the perpetual existence of all native plants, animals and
other organisms, through the establishment of a comprehensive system of integrated
protected areas within the classification of national park as provided for in the constitution;

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;

WHEREAS, the Municipal government shall have jurisdiction over municipal waters as
defined in RA 8550 otherwise known as “The Philippine Fisheries Code of 1998”. The
Municipal government in consultation with the FARMC shall be responsible for the
management, conservation, development, protection, utilization and disposition of all fish
and fishery/aquatic resources within their respective municipal waters;

WHEREAS, RA 10066 known as “National Cultural Heritage Act of 2009”, mandates the
purposes of protecting a cultural property against exportation and modification or
demolition.

NOW THEREOF, the Sangguniang Bayan of Ternate, Cavite in a session assembled


hereby adopts the following Zoning Ordinance:

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Zoning Ordinance of the Municipality of Ternate

ARTICLE 1
TITLE OF THE ORDINANCE

Section 1. Title of the Ordinance. This Ordinance shall be known as the Comprehensive
Zoning Ordinance of the Municipality of Ternate and shall be referred to as the Ordinance.

ARTICLE II
AUTHORITY AND PURPOSE
Section 2. Authority. This Ordinance is enacted pursuant to the provisions of the Local
Government Code, RA 7160 Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October
1991, “Authorizing the Municipality through the Sangguniang Bayan to adopt Zoning
Ordinance subject to the provisions of existing laws and in conformity with E.O. No. 72”.

Section 3. Purposes. This Ordinance is enacted for the following purposes:

1. Guide, control and regulate future growth and development of Ternate, Cavite in
accordance with its Comprehensive Land and Water 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 and comfort, convenience and general
welfare of the inhabitants in the locality.

4. Ensure the sustainability of the environment, taking into consideration climate


change adaptation, in synergy with disaster risk reduction and management in all
development processes.

5. Mainstream CCA and DRRM unto CLWUP and ZO.

6. Establish a resilient community from the effects of climate change.

Section 4. General Zoning Principle. This Zoning Regulations is based on the approved
General and Urban Land Use Plans as per Resolution No. ___ dated _____________ 2014
for the Municipality of Ternate, Province of Cavite.

ARTICLE III
DEFINITION OF TERMS
The definition of technical terms used in the Zoning Ordinance shall carry the same
meaning given to them in already approved codes and regulations, such as but not limited
to the National Building Code, Water Code, Philippine Environmental Code, Climate
Change Act of 2009, Disaster Risk Reduction and Management of 2010 and other
Implementing Rules and Regulations, promulgated by the HLURB. The words, terms and
phrases enumerated hereunder shall be understood to have the meaning corresponding
indicated as follows:

1. Agricultural Zone (AZ) – an area within the municipality intended for


cultivation/fishing and pastoral activities, e.g. fish, farming, cultivation of crops,
goat/cattle raising, etc.

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Zoning Ordinance of the Municipality of Ternate

2. Agro-Industrial Zone (AIZ) – an area within the municipality intended primarily for
integrated farm operations and related product processing activities such as
plantation for bananas, pineapple, sugar, etc.

3. Aquaculture – fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh, brackish and marine water areas.

4. Artificial Reefs – any structure of natural or man-made materials placed on a body


of water to serve as shelter and habitat, source of food, breeding areas for fishery
species and shoreline protection.

5. HLURB/BOARD – shall mean the Housing and Land Use Regulatory Board

6. Buffer Area – these are yards, parks or open spaces intended to separate
incompatible elements or uses to control pollution/nuisance and for identifying and
defining development areas or zones where no permanent structures are allowed.

7. Built-up Area – a contiguous grouping of ten (10) or more structures.

8. Central Business District – shall refer to areas designated principally for trade,
services and business purposes (Commercial Zone).

9. Certificate of Non-Conformance – certificate issued to owners of all uses existing


prior to the approval of the Zoning Ordinance which do not conform in a zone as per
provision of the said Ordinance.

10. Coastal Area/Zone – is a band of dry land and adjacent ocean space (water and
submerged land) in which terrestrial processes and uses directly affect oceanic
processes and uses and vice versa, its geographic extent may include mangrove
swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and
other areas within a seaward limit of 200 meters isobaths to include coral reefs, algal
flats, seagrass beds and other soft-bottom areas.

11. Commercial Fishing – the taking of fishery species by passive or active gear for
trade, business and profit beyond substinence or sports fishing, to be further
classified as:

(1) Small scale Commercial Fishing – fishing with passive or active gear utilizing
fishing vessels of 3.1 gross tons (GT) up to 20 GT;

(2) Medium scale commercial fishing – fishing utilizing active gears and vessels of
20.1 GT up to 150GT;

(3) Large commercial fishing – fishing utilizing active gears and vessels of more
than 150 GT

12. Compatible Use – uses or land activities capable of existing together harmoniously
e.g. residential use and parks and playground.

13. Component Cities/Municipalities – Cities which do not meet the requirements for
highly urbanized cities shall be considered component cities of the province in which
they are located. If a component city is located within the boundaries of two or more

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Zoning Ordinance of the Municipality of Ternate

provinces such city shall be considered component of the province of which it used
to be a municipality (RA 7160).

14. Comprehensive Land use Plan (CLUP) – a document embodying specific


proposals for guiding, regulating growth and/or development. The main components
of the Comprehensive Land Use Plan in this usage are the sectoral studies i.e.
Demography, Socio-Economic, Infrastructure and Utilities, Local Administration and
Land Use.

15. Conflicting Uses – uses or land activities with contrasting characteristics sited
adjacent to each other e.g. residential units adjacent to industrial plants.

16. Conforming Use – a use which is in accordance with the zone classification as
provided for in the Ordinance.

17. Coral – the hand calcareous substance made up of the skeleton of marine
coelenterate polyps which include reefs, shelves and atolls or any of the marine
coelenterate animals living in colonies where their skeletons form a stony mass.
They include : a) skeletons of anthrozoan coelenterates characterized as having a
rigid axis of compact calcareous or horny spicules, belonging to the genus corallium
as represented by the red, pink and white corals which are considered precious
corals; b) skeletons of anthozoan coelenterates characterized by thorny, thorny axis
such as the antiphatarians represented by the black corals which are considered
semi-precious corals, and c) ordinary corals which are any kind of corals that are
not precious nor semi-precious.

18. Coral reef – a natural aggregation of coral skeleton, with or without living coral
polyps, occurring in intertidal and sub-tidal marine waters.

19. Easement – open space imposed on any land use/activities sited along waterways,
road-right-of ways, cemeteries/memorial parks and utilities.

20. Earthquake - shaking/trembling of ground due to volcanic/seismic activities and/or


underground eruption.

21. Endangered Rare and/or Threatened Species – aquatic plants, animals, including
some varieties of corals and sea shells in danger of extinction as provided for in
existing fishery laws, rules and regulations or in the protected areas and Wildlife
Bureau of the Department of Environment and Natural Resources (DENR) and in
the Convention on the International Trade of Endangered Species of Flora and
Fauna (CITES).

22. Environmentally Critical Areas – Refers to those areas which are environmentally
sensitive and are listed in presidential Proclamation 2146 dated December 14, 1981.

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 species of
indigenous Philippine Wildlife (flora and fauna);
4. Areas of unique historic, archaeological , or scientific interests;
5. Areas which are traditionally occupied by cultural communities or tribes;
6. Areas frequently visited and/or hard-hit by natural calamities geologic hazards,

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Zoning Ordinance of the Municipality of Ternate

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 or 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.
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.

23. Environmentally Critical Projects – Refers to those projects which have high
potential for negative environmental impacts and are listed in Presidential
Proclamation 2146 dated December 14, 1981.

I. Heavy Industries
a. Non-ferrous metal industries
b. Iron and steel mills
c. Petroleum and petro-chemical industries including oil 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 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.

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Zoning Ordinance of the Municipality of Ternate

Exception – a device which grants a property owner relief from certain provision of a
Zoning Ordinance where because of the specific use would result in a particular
hardship upon the owner, as distinguished from a mere inconvenience or a desire to
make more money.

24. FARMCs – the Fisheries and Aquatic Resources Management Councils.

25. Farm-to-Market Roads – shall include roads linking the fisheries production sites,
coastal landing points and other post-harvest facilities to major market and arterial
roads and highways.

26. Fine mesh net – net with mesh size of less than three centimeters (3 cm measured
between 2 opposite knots of a full mesh when stretched or as otherwise determined
by the appropriate government agency.

27. Fish Cage – refers to an enclosure which is either stationary or floating made up of
nets or screens sewn or fastened together and installed in the water with opening at
the surface or covered and held in a place by wooden/bamboo post or various types
of anchors and floats.

28. Fish Fingerlings – a stage at which a fish has just been hatched usually with sizes
from 1-2.5cm.

29. Fish pen – an artificial enclosure constructed within a body of water for culturing fish
and fishery/aquatic resources made up of poles closely arranged in an enclosure
with wooden materials, screen or nylon netting to prevent escape of fish.

30. Fisherfolk – people directly or personally and physically engaged in taking and/or
culturing and processing fishery and/or aquatic resources.

31. Fisheries – refers to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving and managing aquatic
resources and the fishery areas, including the privilege to fish or take aquatic
resource thereof.

32. Fish Pond – a land–based facility enclosed with earthen or stone material to
Impound water for growing fish.

33. Fishing Boat/Gear License – a permit to operate specific types of fishing boat/gear
for specific duration in areas beyond municipal waters for demersal or pelagic
fishery resources.

34. Fishery Management Areas – a bay, gulf, lake or any other fishery area which may
be delineated for fishery resource management purposes.

35. Fishery Operator – one who owns and provides the means including land, labor,
capital, fishing gears and vessels, but does not personally engage in fishery.

36. Fishery Refuge and Sanctuaries – a designated area where fishing or other forms
of activities which may damage the ecosystem is prohibited and human access may
be restricted.

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Zoning Ordinance of the Municipality of Ternate

37. Fishworker – a person regularly or not regularly employed in commercial fishing


and related whose income is either in wage, profit-sharing or stratified sharing basis,
including those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn
farms, sea farms, salt beds, fish ports, fishing boat or trawlers or fish processing
and/or packing plants. Excluded from this category are administrators, security
guards and overseers.

38. Floor Area Ratio OR “FAR” – is the ratio between the gross floor area of a building
and the area of the lot on which it stands, determined by dividing the gross floor area
of the building and the area of the lot. The gross floor area of the building should not
exceed the prescribed Floor Area Ratio (FAR) multiplied by the lot area. The FAR of
any zone should be based on its capacity to support development in terms of the
absolute level of density that the transportation and other utility networks can
support.

39. Forest Zone (FZ) – an area within the municipality intended primarily for forest
purposes.

40. General Commercial Zone (GCZ) – an area within the municipality for
trading/services/business purposes.

41. General Institutional Zone (GIZ) – an area within a city or municipality principally
for general types of institutional establishments e.g. government offices, schools,
hospital/clinics, academic/research, convention centers.

42. General Residential Zone (GRZ) – an area within a city or municipality principally
for dwelling/housing purposes.

43. General Zoning Map - a duly authenticated map delineating the different zones in
which the whole city/municipality is divided.

44. GROSS FLOOR AREA (GFA) – the GFA of a building is the total floor space within
the perimeter of the permanent external building walls, occupied by:
Office Areas, Residential Areas, Corridors; Lobbies; Mezzanine; Vertical
Penetrations, which shall mean Stairs, Fire Escapes, Elevator Shafts, Flues,
Pipe Shafts, Vertical Ducts and the like and their enclosing walls;

45. Rest Rooms or toilets; Machine Rooms and Closets; Storage Rooms and Closets;
Covered Balconies and Terraces;

46. Interior Walls and Columns, and other Interior features but excluding covered areas
used for Parking and Driveways, including Vertical Penetrations in Parking Floors
where no residential or office units are present ;

47. Uncovered areas for AC Cooling Towers, overhead Water Tanks, Roof Decks,
Laundry Areas and Cages, Wading or Swimming Pools, Whirpools or Jacuzzis,
Gardens, Court or Plazas.

48. Heavy Industrial Zone (I 3) – a subdivision of an area principally for the following
types of industries:
highly pollutive/non-hazardous, highly pollutive/hazardous. highly
pollutive/extremely hazardous, pollutive/extremely hazardous,
non-pollutive/extremely hazardous

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Zoning Ordinance of the Municipality of Ternate

49. High Density Commercial Zone (C 3) – an area within a city or municipality


intended for regional shopping centers such as malls and other commercial
activities which are regional in scope or where market activities generate traffic and
require utilities and services that extend beyond local boundaries and requires
metropolitan level development planning and implementation. high rise hotels,
sports stadium or sports complexes are also allowable in this zone..

50. High Density Residential Zone (R–3) - a subdivision of an area principally


dwelling/housing purposes with a density of 66 or more dwelling units per hectare.

51. Highly Urbanized Cities – cities with a minimum population of 200,000 inhabitants
as certified by the national statistics office and with the latest annual income of at
least P 50,000,000.00 based on 1996 constant prices as certified by the city
treasurer. (RA 7160)

52. Independent Component Cities – are those component cities whose charter
prohibits their voting for provincial elective officials. independent component cities
shall be independent of the province. (RA 7160)

53. Innovative Design – introduction and/or application of new/creative designs and


techniques in development projects e.g. PLANNED UNIT DEVELOPMENT (PUD),
New Town, etc.

54. Light Industrial Zone (I-1) - a subdivision of an area principally for the following
types of industries:
non-pollutive/non-hazardous, non-pollutive/hazardous

55. Locational Clearance – a clearance issued to a project that is allowed under the
provisions of this Zoning Ordinance as well as other standards, rules and regulations
on land use.

56. Low Density Commercial Zone (C-1) – an area within the municipality principally
for trade, services and business activities ordinarily referred to as the Central
Business District.

57. Low Density Residential Zone (R-1) – an area within the municipality principally for
dwelling/housing purposes with a density of 20 dwelling units and below per hectare.

58. Mangroves – a community of intertidal plants including all species of trees, shrubs,
vines and herbs found on coasts, swamps or border of swamps.

59. Medium Density Commercial Zone (C-2) – an area within a city or municipality
with quasi-trade business activities and service industries performing
complementary/supplementary functions to principally commercial zone (CBD).

60. Medium Density Residential Zone (R-2) – an area within the municipality
principally for dwelling/housing purposes with a density of 21 to 66 dwelling units per
hectare.

61. Medium Industrial Zone (I-2) – an area within the municipality principally for the
following types of industries:
pollutive/non-hazardous, pollutive/hazardous.

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Zoning Ordinance of the Municipality of Ternate

62. Mitigating Device – a means to grant relief in complying with certain provisions of
the Ordinance.

63. Municipal Waters – include not only streams, lakes, inland bodies of water and tidal
waters within the municipality which are not included within the protected areas as
defined in Republic Act No. 7586 (The NIPAS Law), public forest, timber lands,
forest reserves or fishery reserves, but also marine waters included between two (2)
lines draw perpendicular to the general coastline from points where the boundary
lines of the municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore islands and 15 kilometers from such coastline.
Where 2 municipalities are so situated on opposite shores that there is less than 30
kilometers of marine waters between them, the third line shall be equally distant
from opposite shore of the respective municipalities.

64. New Town – shall refer to a town deliberately planned and built which provides, in
addition to houses, employment, shopping, education, recreation, culture and other
services normally associated with a city or town.

65. Non-Conforming Use – existing non-conforming uses/establishments in an area


allowed to operate inspite of the non-conformity to the provisions of the Ordinance
subject to the conditions stipulated in this Zoning Ordinance.

66. Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements
and for the maintenance of ecological balance of the community.

67. Payao – a fish aggregating device consisting of a loating raft anchored by a


weighted line with suspended materials such as palm fronds to attract pelagic and
schooling species common in deep waters.

68. Planned Unit Development (PUD) – it is a land development scheme wherein


project site is comprehensively planned as an entity via unitary site plan which
permits flexibility in planning/design, building siting, complementarily of building
types and land uses, usable open spaces and the preservation of significant natural
land features.

69. Rezoning – a process of introducing amendments to or a change in the text and


maps of the zoning ordinance. it also includes amendment or change in view of
reclassification under Section 20 of RA 7160.

70. Rural area – area outside of designated urban area.

71. Setback – the open space left between the building and lot lines.

72. Socialized Housing Zone (SHZ) – shall be used principally for socialized
housing/dwelling purposes for the underprivileged and homeless as defined in RA
7279.

73. Special Institutional Zone (SIZ) – an area within a city or municipality principally for
particular types of institutional established e.g. welfare homes, orphanages, home
for the aged, rehabilitation and training centers, military
camps/reservation/bases/training grounds, etc.

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Zoning Ordinance of the Municipality of Ternate

74. Tourist Zone (TZ) – are sites within cities and municipalities endowed with natural
or manmade physical attributes and resources that are conducive to recreation,
leisure and other wholesome activities.

75. Trawl – an active fishing gear consisting of a bag shaped net with or without otter
boards to open its opening which is dragged or towed along bottom or through the
water column to take fishery species by straining them from the water, including all
variations and modifications of trawls (bottom, mid-water and baby trawls) and tow
nets.

76. Urban Area (s) – include all barangay(s) or portion(s) of which comprising the
poblacion, central business district (CBD) and other built-up areas including the
urbanizable land in and adjacent to said areas and where at least more than fifty
(50%) of the population are engaged in non-agricultural activities. CBD shall refer to
the areas designated principally for trade, services and business purposes.

77. Urban Zoning Map – a duly authenticated map delineating the different zone into
which the urban area and its expansion area are divided.

78. Urbanizable Land – area designated as suitable for urban expansion by virtue of
land use studies conducted.

79. Variance – a SPECIAL LOCATIONAL CLEARANCE which grants a property owner


relief from certain provisions of Zoning Ordinance where, because of a particular,
physical, surrounding, shape or topographical conditions of the property, compliance
on height, area, setback, bulk and/or density would result in a particular hardship
upon the owner, as distinguished from a mere inconvenience or a desire to make
more money.

80. Warehouse – refers to a storage and/or depository of those in business of


performing warehouse services for others, for profit.

81. Water Zone (WZ) – are bodies of water WITHIN CITIES AND MUNICIPALITIES
which include rivers, streams, lakes and seas except those included in other zone
classification.

82. Zone/District – an area within a city or municipality for specific land use as defined
by manmade or natural boundaries.

83. Zoning Administrator/ZONING OFFICER – a municipal/city/government employee


responsible for the implementation/enforcement of the Zoning Ordinance in a
community.

84. Zoning Ordinance – a local legal measure which embodies regulations affecting
land use.

ARTICLE IV
ZONE CLASSIFICATIONS

Section 5. Division into Zones or Districts . To effectively carry out the provisions of this
Ordinance, the city/municipality is hereby divided into the following zones or districts as
shown in the Official Zoning Maps.

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Zoning Ordinance of the Municipality of Ternate

1. General Residential Zone (GRZ)


2. Socialized Housing Zone (SHZ)
3. General Commercial Zone (GCZ)
4. Light Industrial Zone (I-1)
5. General Institutional Zone (GIZ)
6. Special Institutional Zone(SIZ)
7. Agricultural Zone (AGZ)
8. Agro-Industrial Zone (AIZ)
9. Forest Zone (FZ)
10. Water Zone (WZ)
11. Tourist Zone (TZ)
12. Central Business District (CBD)
13. Military Reservation Zone (SIZ)
14. Cemetery
15. Strategic Agriculture and Fisheries Development Zone (SAFDZ)

Section 6. 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/municipality (General), wherein
the designation, location and boundaries of the districts/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 PANLALAWIGAN.

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Zoning Ordinance of the Municipality of Ternate

Urban Zoning Map of Ternate

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Zoning Ordinance of the Municipality of Ternate

General Zoning Map of Ternate

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Zoning Ordinance of the Municipality of Ternate

Section 7. Zone Boundaries. The locations and boundaries of the above mentioned various zones into which the municipality has been
divided are hereby identified and specified as follows:

A. For Land use Zones:


ZONE BOUNDARIES
ZONE ZONE BOUNDARIES
  No. NORTH SOUTH EAST WEST
A. Poblacion 1 Area surrounded by Aguada River and Maragondon River and along Ternate-Maragondon
Municipal boundary composed of Poblacion I, I-A, II, and III
   
1. Residential Zone 2 H. Ventura St. Capt. C. DirainSt. Nuñez St. Maragondon River

3 H. Ventura St. Capt. C. DirainSt. C. Ramos St. Sto Nino. St


     Except for the area identified as open spaces and parks 
4 Callejon Capt. C. DirainSt. C.Nuñes St. Sto Nino. St

  5 H. Ventura St. Capt. C. DirainSt. Tibayan St. C. Ramos St.


           
  6 H. Ventura St. Capt. C. DirainSt. Judge P. Ramos St Tibayan St.
           
7 H. Ventura St Governor Drive Ternate National HS Judge P. Ramos St.
Excluding the area occupied by elementary and high school, government offices and commercial establishment
8 Capt. C. Dirain St. Governor Drive Sto. Niño St Maragondon River

  9 Capt. C. Dirain St. M. Caraig St. C. Ramos St Sto.Nino St.


           
  10 Capt. C. Dirain St. M. Caraig St. Tibayan St. C. Ramos St.
    Except for the area occupied by the Iglesia ni Cristo Church and area occupied by Catholic Church and Town
Plaza
  11 Capt. C. Dirain St. M. Caraig St. Judge P. Ramos St Tibayan St

17
Zoning Ordinance of the Municipality of Ternate

           
  12 M. Caraig St. Governor Drive Agricultural land Sto. Nino St.

  Except for the area occupied by the Municipal Cemetery and area occupied by 3 bus terminals
       
  13 H. Ventura St. Maragondon River Ternate Mun. Boundary Agricultural Land
Except for the area occupied by the Multi-purpose hall, agricultural land and Cavite West Point area
  14 Aguada River H. Ventura St. Agricultural Land Ternate Mun. Boundary
  Except for the area occupied by the National Greed Corporation, agricultural land and commercial area
identified
  15 Aguada St. H. Ventura St. C. Nunez St. Maragondon River
         
16 Aguada St. H. Ventura St. Sto. Niño St. Nunez St.

  17 Aguada St. H. Ventura St. C. Ramos St. Sto. Niño St.


         
18 Aguada St. H. Ventura St. Tibayan St. C.Ramos St.

19 Aguada St. H. Ventura St. Judge P. Ramos St. Tibayan St.

  20 Aguada St. H. Ventura St. Ternate Mun. Boundary Judge P. Ramos St.
  Except for the area occupied by the Iglesia ni Cristo Church, Ternate Central Elem. School, commercial
establishment, public market and agricultural land planted with palay
  21 Aguada River Aguada St. Aguada River Maragondon River
  Except for the area occupied by the Multi-purpose hall, Memorial Park, Balot Island and commercial area
  22 San Juan River Aguada River Provincial Road San Jose River
  Excluding the agro-industrial area, fishponds and tourism facilities/commercial area
  23 San Juan River Aguada River Agricultural Land Provincial Road
  Except for the area occupied by the Multi-purpose hall, A. Dinglas Elem. School, Commercial establishment and
agricultural land planted with palay
  24 Ternate-Naic San Juan River Ternate-Naic Ternate-Maragondon Mun.
18
Zoning Ordinance of the Municipality of Ternate

Municipal (Saguibo River) Provincial Road Boundary (Agricultural land)


Boundary
  Excluding all irrigable land, commercial establishments, Institutional areas, government buildings and offices
  25 Ternate-Naic San Juan River Ternate-Naic Manila Bay
Municipal (Saguibo River) Provincial Road
Boundary
Excluding all fishpond areas (SAPDZ), commercial (resort), multi-purpose bldg., government offices and other
institutional areas such as Iglesia ni Cristo Compound, Catholic Church, parks and playground, and agricultural
land
  26 Residential lots inside Ternate Residential Estates and Beverly Homes along Governor Drive

27 Residential area on the Proposed Socialized Housing Zone @ Brggy. Sapang-II approximately 10 has

28 Area along P.T.A. Road both sides extending 150 meters from the center of the road extending along Sapang
river on the north extending up to Socialized Housing Zone on the south

29 Area within the Sapang proper extending 150 meters along the perimeter of the road excluding all government
building and institutional areas identified

30 All residential lots inside Puerto Azul Complex categorized as subdivision

 2. Commercial Zone 31 Areas on both sides of National Road (Governor Drive) from Ternate - Maragondon Municipal boundary and
areas on north side of Provincial Road to Ternate-Naic Municipal boundary with one lot deep from the existing
road excluding the area identified as residential and institutional zone

  32 Areas on the both side of National Road from R. De Leon Bridge up to Pinagpatayan Bridge with one lot deep
from the existing road except churches, elementary school and other institutional area

  33 Area on both sides of the National Road (Governor Drive) from Municipal Hall up to R. De Leon Bridge with 15
meters strip both sides excluding existing utilities, agricultural land and residential areas
 
19
Zoning Ordinance of the Municipality of Ternate

  34 Areas on the north side of H.Ventura St (Provincial Road) with one lot deep from the existing road extending up
to Governor Drive except for agricultural land planted with palay

35 Areas presently occupied by the public market, gasoline station, rural bank, various resort and furniture shop
along Governor Drive

36 Commercial areas inside Puerto Azul Complex and Caylabne Bay Resort

3. CBD- 37 Governor Drive Maragondon River Ternate Kayak Park and Maragondon River
(Commercial Ternate Residential
Business District) Estates
with approximately area of 6.51 hectares

4. Institutional Zone 38 Area occupied by the Iglesia ni Cristo, Aglipayan Church, Catholic Churches, Protestant Church, Seventh-Day
    Adventist, Jesus is Lord, Born Again churches, Jesus in the Later Day Saint and other religious sect and
denominations structures not mentioned
  39 Area occupied by the municipal building, barangay halls, multi-purpose hall and other government buildings and
offices

  40 Area occupied by the Cavite West Point College, Ternate National High School, Ternate West National High
School , and all elementary schools.
 
41 Area being proposed as the site of People’s General Hospital (PGH) @ Barangay Sapang-I

5. Parks and Open 42   All areas occupied by the barangay as barangay parks and the Municipal Park along Town Plaza
Spaces Zone
   
 6. Socialized Housing Areas designated as Socialized Housing Zone in reflected in Official Zoning map along Governor Drive,
43 Barangay Sapang-II with approximately 10 hectares allocation 
Zone 

20
Zoning Ordinance of the Municipality of Ternate

 7. Cemeteries 44 Areas occupied by the Catholic, Aglipayan and Municipal cemeteries including Himlayang Paraiso Memorial
Park and the proposed Blue Haven Memorial park.
           
45 Areas to be donated by PALI to Barangay Sapang-I designated as the extension of municipal public cemetery

8. Utilities 46 All areas occupied by National Greed Corporation, Cellsites tower, Bus terminals, and road networks

9. Sanitary Landfill 47 Areas being proposed as Landfill by the Province before will be utilized as the Proposed Municipal Sanitary
landfill

General          
           
A. Agricultural Zone 48 All agricultural areas not zoned as Forest or Urban Expansion Areas
           
49 All agricultural areas in the ZAPDZ.
         
B. Agro-Industrial 50 Areas along Ternate - Naic Road @ Barangays San Jose. Easement of 10 meters from the Provincial Roads
Zone must be observed
   
C. Forest Zone 51 Mt. Palaypalay Mataas na Gulod National Park and adjoining forest totalling to 3,973.13 hectares more or less
    (Proclamation No. 1594 dated October 26, 1976)
           
  52 All other areas covered by NIPAS and other productive areas Included in the forest areas with slope of 50% and
over on the South Western portion of the municipality

53 All permanent forest areas

D. Tourism Zone 54 And all other areas zoned as the First Tourism of the Philippines under Presidential Proclamation No. 1520
dated November 28, 1975

21
Zoning Ordinance of the Municipality of Ternate

55 The entire area of Tourism facilities and amenities and tourism support infrastructure facilities of Puerto Azul
Beach and Clubhouse and Caylabne Bay Resort.

56 The entire beaches along the Ternate with a total coastline of 23,627.35 meters. This area starts from the
coastline of Sitio Calumpang which ends at the Ternate-Naic boundary in Barangay San Juan. It extends more
or less 50.0 meters inland and extends westward to the sea stretching along the Ternate coastline.

E. Military 57 Area under Presidential Proclamation No. 1582-A declared on the 6 th of September 1976 approximate area of
Reservation 808.99 has

F. Industrial Zone 58 Situated along Ternate - Naic municipal boundary on the north side, on the south the Aplaya Road, on the West
Side is Manila Bay and by the east is agricultural area adjacent along Ternate-Naic Provincial Road
approximately 75 hectares reserved area for industrial purposes.
G. Water Zone 59 Such bodies of water which shall include rivers, streams, lakes and seas.

22
Zoning Ordinance of the Municipality of Ternate

Section 8. Interpretation of the Zone Boundary . In the interpretation of the boundaries


for any of the zones indicated in 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, 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 center lines 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 the said zoning map.

4. Where the boundary of a zone follows approximately a railroad line, such


boundary shall be deemed to be the railroad right-of-way.

5. Where the boundary of a zone follows a stream, lake or other bodies of water,
said boundary line shall 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 the event of
change in the shorelines, shall be construed as moving with the actual
shorelines.

6. Where a lot of one ownership, as of record at the effective date of this Ordinance,
is divided by a zone boundary line, the lot shall be construed to be within the
zone where the major portion of the lot is located. In case the lot is bisected by
the boundary line, it shall fall in the zone where the principal structure falls.

7. Where zone boundary is indicated as one-lot-deep, said depth shall be construed


to be the average lot depth of the lots involved within each particular
city/municipal block. Where, however, any lot has a depth greater than said
average, the remaining portion of said lot shall be construed as covered by the
one-lot-deep zoning district provided the remaining portion has an area
equivalent to fifty percent (50%) of the total area of the entire lot. If the remaining
portion has an area equivalent to fifty percent (50%) or more of the total area of
the lot then the average lot depth shall apply to the lot which shall become a lot
divided and covered by two or more different zoning districts, as the case may
be.

8. In case of any remaining doubt as to the location of any property along zone
boundary lines, such property shall be considered as falling within the less
restrictive zone.

9. The textual description of the zone boundaries shall prevail over that the Official
Zoning Maps.

23
Zoning Ordinance of the Municipality of Ternate

ARTICLE V
ZONE REGULATIONS

Section 9. General Provision. The uses enumerated in the succeeding sections are not
exhaustive nor all-inclusive. The LOCAL ZONING BOARD OF ADJUSTMENT AND
APPEALS (LZBAA) 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.

 Specific uses/activities of lesser density within a particular zone (R-1) may be


allowed within the zone of higher density (R-2, R-3) but not vice versa, nor in another
zone and its subdivisions (e.g. GC, C-1,C-2) except for uses expressly allowed in
said zones, such that the cumulative effect of zoning shall be intra-zonal and not
inter-zonal.

Section 10. Use Regulations in General Residential Zone (GRZ). A GR zone 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 uses:

1. Detached family dwelling


2. Multi-family dwelling e.g. row-houses, apartments
3. Residential condominiums
4. Apartments
5. Hometel
6. Pension House
7. Hotel apartment or apartel
8. Dormitory
9. Boarding House
10. Branch Libraries and Museums
11. Customary accessory uses like:
a. Servant’s quarter
b. Private garage
c. Guard house
12. 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:

a. The number of persons engaged in such business/industry shall not


exceed five (5), inclusive of the owner;

b. There shall be no change in the outside appearance of the building


premises;

24
Zoning Ordinance of the Municipality of Ternate

c. No home occupation shall be conducted in any customary


accessory uses cited above;

d. No traffic shall be generated by such home occupation in greater


volume 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.

e. 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.

13. Home Industry Classified as cottage industry provided that:


a. 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;

b. Allotted capitalization shall not exceed the capitalization as set by


the Department of Trade and Industry (DTI);

c. Such shall consider same provisions as enumerated in letters c, d


and e of number 12, home occupation, this section.

14. Recreational facilities for the exclusive use of the members of the family
residing within the premises, such as:

a. Swimming pool
b. Pelota court
c. Others
15. Nursery/Elementary School
16. High School
17. Vocational School
18. Sports Club
19. Religious Use
20. Multi-purpose hall/barangay hall
21. Clinic, nursing and convalescing home, health center
22. Plant nurseries
Section 10a. Use Regulations in Socialized Housing Zone (SHZ) - An SHZ shall be
used principally for socialized housing/dwelling purposes for the underprivileged and
homeless as defined in RA 7279. Allowable uses:

1. All uses allowed in General Residential Zone, R1, R2 and R3 Zones.

25
Zoning Ordinance of the Municipality of Ternate

Section 11. Use Regulations in General Commercial Zone (GCZ). A GC Zone shall be
for business/trade/service uses. Within the zone the following types of establishments shall
be allowed:

1. Offices like:
a. office building
b. office condominium
2. General retail stores and shops like:
a. department store
b. bookstore and office supply
c. home appliance store
d. car shop
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 service shops like:
a. beauty parlor
b. barber shop
c. sauna bath and massage clinic
d. dressmaking and tailoring shops
5. Recreational center/establishments like:
a. moviehouse/theater
b. playcourt e.g. tennis court, bowling lane, billiard hall
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. school for self defense
c. driving schools
d. speech clinics

26
Zoning Ordinance of the Municipality of Ternate

8. Storerooms but only as may be necessary for the efficient conduct of the
business

9. Commercial condominium (with residential units in upper floors)


10. Commercial housing
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 institutions
21. Radio and television station
22. Building garage, parking lot
23. Bakery and baking of bread, cake, pastries, pies and other similar perishable
products

24. Custom dressmaking shop


25. Commercial and job printing
26. Typing and photo engraving services
27. Custom tailoring shop
28. Repair of optical instruments and equipment and cameras
29. Repair of clocks and watches
30. Manufacture of insignia, badges and similar emblems except metal
31. Transportation terminals/garage with and without repair
32. Repair shops like:

27
Zoning Ordinance of the Municipality of Ternate

a. house appliances repair shops


b. motor vehicles and accessory repair shops
c. home furnishing shops
33. Printing/publishing
34. Machinery display shop/center
35. Gravel and sand
36. Lumber/hardware
37. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
38. Printing and publishing of books and pamphlets, printing cards and stationary
39. Manufacture of signs and advertising displays (except printed)
40. Chicharon factory
41. Manufacture of wood furniture including upholstered
42. Manufacture of rattan furniture including upholstered
43. Manufacture of box beds and mattresses
44. Welding shops
45. Machine shop service operation (repairing/rebuilding, or custom job orders)
46. Medium scale junk shop
47. Repair of motorcycles
48. Lechon or whole pig roasting
49. Biscuit factory - manufacture of biscuits, cookies, crackers and other similar
dried bakery products

50. Doughnut and hopia factory


51. Other bakery products not elsewhere classified (n.e.c.)
52. Repacking of food products e.g. fruits, vegetables, sugar and other related
products

53. Plant nursery


54. Funeral parlors, mortuaries and crematory services and memorial chapels
55. Parking lots, garage facilities
56. Other commercial activities not elsewhere classified
Section 12. Use Regulation in Light Industrial Zone (I – 1). An I – 1 zone shall be for
non-pollutive/non-hazardous and non-pollutive/hazardous manufacturing/processing
establishments. Enumerated below are the allowable uses:

a. Non-Pollutive/Non-Hazardous Industries
1. Drying fish
2. Biscuit factory – manufacture of biscuits, cookies, crackers and other
similar dried bakery products

28
Zoning Ordinance of the Municipality of Ternate

3. Doughnut and hopia factory


4. Manufacture of macaroni, spaghetti and vermicelli and other noodles
5. Other bakery products not elsewhere classified (n.e.c)
6. Life belts factory
7. Manufacture of luggage, handbags, wallet 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 and assembly of typewriters, cash registers, weighing,
duplicating and accounting machines

14. Manufacture and 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 gauge, etc.

27. Manufacture of orthopedic and prosthetic appliances (abdominal


supporter, ankle supports, arch supports, artificial limb, etc)

28. Manufacture of photographic equipment and accessories

29
Zoning Ordinance of the Municipality of Ternate

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. Manufacturing of string instruments
35. Manufacture of wind and percussion instruments
36. Manufacture or 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 metals)
49. Manufacture of signs and advertising displays (except printed)
50. Small-scale manufacture of ice cream
b. Non-Pollutive/Hazardous Industries
51. Manufacture of house furnishing
52. Textile bag factories
53. Canvass bags and other canvass products factory
54. Jute bag factory
55. Manufacture of miscellaneous textile goods, embroideries and
weaving apparel

56. Manufacture of fiber batting, padding and upholstery filling except


choir

57. Men’s and boy’s garment factory


58. Women’s and girl’s and ladies’ garment factory
59. Manufacture of hats, gloves, handkerchief, neckwear and related
clothing accessories

30
Zoning Ordinance of the Municipality of Ternate

60. Manufacture of raincoats and waterproof outer garments except jacket


61. Manufacture of miscellaneous wearing apparel except footwear and
those n.e.c

62. Manufacture of miscellaneous fabricated mill work and those n.e.c.


63. Manufacture of wooden and cane containers
64. Sawali, nipa and split cane factory
65. Manufacture of bamboo, rattan and other cane baskets and ware
66. Manufacture of cork products
67. Manufacture of wooden shoes, shoe lace, and other similar products
68. Manufacture of miscellaneous wood products and those n.e.c.
69. Manufacture of miscellaneous furniture and fixture except primarily of
metals and those n.e.c

70. Manufacture of paper stationary, envelopes and related articles


71. Manufacture of dry ice
72. Repacking of industrial products e.g. paints, varnishes and other
related products

Section 15. Use Regulations in General Institutional (GIZ) Zone . In GI Zone, the
following uses shall be allowed:

1. Government center to house national, regional or local offices in the area.

2. Colleges, universities, professional business schools, vocational and trade


schools, technical schools and other institutions of higher learning

3. General hospitals, medical centers, multi-purpose 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 structure e.g. church, seminary, convents

7. Museums

8. Embassies/consulate

9. Student housing e.g. dormitories, boarding house

Section 15a. Use Regulations in Special Institutional Zone(SIZ). In SI Zones, the


following uses shall be allowed:

1. Welfare homes, orphanage, boys and girls town, home for the aged and the like

2. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed

31
Zoning Ordinance of the Municipality of Ternate

mother, physically, mentally and emotionally handicapped, ex sanitaria inmates


and similar establishments

3. Military camps/reservations/bases and training grounds

4. Penitentiary and correctional institution

Section 16. Use Regulations in Parks and Recreation Zone (PRZ). The following uses
shall be allowed in Parks and Recreation Zones:

1. Parks/gardens
2. Resort areas e.g. beaches, including accessory uses
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 tracts and similar uses
5. Memorial/Shrines monuments, kiosks and other park structures
6. Sports club
7. UNDERGROUND PARKING STRUCTURES/FACILITIES

Section 17. Use Regulations for Agriculture (Agr) Zone (AGZ). In Agr. Zones the
following uses shall be permitted:

1. Cultivation, raising and growing of staple crops such as rice, corn, camote,
cassava and the like

2. Growing of diversified plants and trees, such as fruit and flower bearing trees,
coffee, tobacco, etc

3. Silviculture, mushrooms, fishing and fish culture, snake culture, crocodile farm,
monkey raising and the like

4. Customary support facilities such as palay dryers and rice thresher and storage
barns and warehouses

5. Ancillary dwelling units/farmhouses for tillers and laborers

6. Agricultural research and experimentation facilities such as breeding stations,


fishfarms, nurseries, demonstrations farms, etc

7. Pastoral activities such as goat raining and cattle fattening

8. Home occupation for the practice of one’s profession or engaging home business
such as dressmaking, tailoring, baking, running a sari-sari store and the like
provided that:
a. Number of persons engaged in such business/industry shall not exceed
five (5), inclusive of the owner;

b. There shall be no change in the outside appearance of the building


premises;
32
Zoning Ordinance of the Municipality of Ternate

c. No home occupation shall be conducted in any customary accessory uses


cited above

d. No traffic shall be generated by such home occupation in greater volume


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 in a place other than the required front yard

e. No equipment or process shall be used in such 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.

9. Home industry classified as cottage industry e.g. mat weaving, pottery making,
food preservation, etc. provided that:

a. Such home industry shall not occupy more than thirty (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.

b. Allotted capitalization shall not exceed the capitalization as set by the


Department of Trade and Industry (DTI);

c. Such shall consider same provisions as enumerated in letters c, d and e


of Home Occupation, this section.

10. Backyard raising of livestock and fowl, provided that:

a. For livestock – a maximum of 1 sow and 10 heads


b. For fowl – a maximum of 500 birds

Section 18. Use Regulations in Agro-Industrial Zone (AIZ). In Agr.-I Zones the following
uses shall be permitted:

1. All uses allowed in agriculture


2. Rice/corn mills (single pass)
3. Drying, cleaning, curing and preserving of meat and its 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 re-drying tobacco leaves
12. Miscellaneous processing tobacco leaves, n.e.c.
33
Zoning Ordinance of the Municipality of Ternate

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 vegetables and vegetable juices
21. Canning and preserving of fruits and fruit 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 of raw materials, n.e.c.

38. Other accessory uses incidental to agro-industrial activities.

Section 19. 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:

1. Contract reforestation with forest land management agreement (FLMA)


2. Commercial tree plantation and industrial forest plantation (TP/IFP)
3. Integrated social forestry programs (ISFP)
34
Zoning Ordinance of the Municipality of Ternate

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 as 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 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 impact and
social acceptability.

Section 20. Use Regulations in Water Zone (WZ).

1. 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.

2. Other uses such as recreation, fishing and related activities, floatage/transportation


and mining (e.g. Offshore 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 21. 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
Tourism (DOT).

ARTICLE VI
GENERAL DISTRICT REGULATION

Section 22. Development Density. Permitted density shall be based on the zones
capacity to support development.

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Zoning Ordinance of the Municipality of Ternate

A. Residential Zones
A.1. Low Density Residential Zone (R-1) – In R-1 zone, allowed density is
twenty (20) dwelling units and below per hectare;

A.2. Medium Density residential Zone (R-2) – In R-2 zone, allowed


density is twenty one to sixty five (21 – 65) dwelling units per hectares.

A.3. High Density Residential Zone (R-3) – In R-3 zone, allowed density
is sixty six (66) or more dwelling units per hectare.

B. All Other Zones.


There is no fixed maximum density but should based on the planned
absolute level of density that is intended for each concerned zone based
on the Comprehensive Land Use Plan.

Section 23. 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 the 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 Zones (R-1) – In R-1 zone, no building or
structure for human occupancy whether public or private shall higher than
ten (10) meters above highest natural grade line in the property or front
sidewalk (main entry) level; low rise dwelling are up to three storeys.

A.2. Medium Density Residential Zones (R-2) – In R-2 zone, 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 Zones (R-3) – In R-3 zone, high rise
dwelling units of eight or more storeys are allowed provided it conforms
with the zone’s prescribed floor area ratio (FAR). The FAR of an R-3 zone
shall be based on the planned density of development intended for the
zone.

B. All Other Zone

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 24. Exemptions from Height Regulation in R-1 and R-2. 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.

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Zoning Ordinance of the Municipality of Ternate

Section 25. 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.

Section 26. Road Setback Regulations. The following road setback regulations shall be
applied:
ROAD SETBACK

Zoning Major Thoroughfare Secondary Road Tertiary Road


Classification 30m & above 6m & above
Diversion/Railways Provincial Municipal/Barangay

Residential
Commercial 10 m 10 m 3m
Industrial 20 m 20 m 7m
Agriculture 30 m 25 m 10 m
Agro-Industrial 20 m 20 m 7m
Institutional 30 m 25 m 10 m
Parks and 20 m 20 m 10 m
Recreation 10 m 10 m 3m
Forest 30 m 25 m 10 m

Source: DPWH

Section 27. Easement. Pursuant to the provisions of The Water Code:

1. 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, are subject to easement of public use in the
interest of recreation, navigation, floatage, fishing and salvage.

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Zoning Ordinance of the Municipality of Ternate

2. 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.

3. Mandatory five-meter (5 m) easement on both sides of the Marikina fault trace


and such other fault traces on the ground identified by PHILVOCS.

Section 28. Buffer Regulations. A buffer of 3 meters shall be provided along entire
boundary length between two or more conflicting zones allocating 1.5 meters from each
sides of the district boundary. 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.

Section 29. 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.

ARTICLE VII
INNOVATIVE TECHNIQUES

Section 30. Innovative Techniques or Designs. For projects that introduce flexibility and
creativity in designs 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., the Zoning Administrator/Zoning Officer shall on grounds of innovative
development techniques forward applications to HLURB for appropriate action, unless the
local government units concerned has the capacity to process the same.

ARTICLE VIII
MISCELLANEOUS PROVISIONS

Section 31. PROJECTS OF NATIONAL SIGNIFICANCE. Projects may be declared by the


NEDA board as project 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 the HLURB pursuant to EO 72.

Section 32. Environmental Compliance Certificate (ECC). Notwithstanding the issuance


of locational clearance under section 36 of this ordinance, no environmentally critical
projects nor projects located in the environmentally critical areas shall be commenced,
developed or operated unless the requirements of ECC have been complied with.

Section 33. SUBDIVISION PROJECTS. All owners and/or developers of subdivision


projects shall in addition to securing a Locational Clearance under section 36 of this
Ordinance 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.

ARTICLE IX
MITIGATING DEVICES

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Zoning Ordinance of the Municipality of Ternate

Section 34. Deviation. Exceptions, variances or deviations from the provisions of this
Ordinance may be allowed by the Local Zoning Board of Adjustment and Appeals (LZBAA)
only when the following terms and conditions are existing:

1. Variance
a. The property is unique and different from other properties in the adjacent
locality and because of its uniqueness, the owner/s cannot obtain a
reasonable return on the property.

This condition shall include at least 3 of the following provisions:

 Conforming to the provisions of the Ordinance will cause undue hardship on


the part of the owner or occupant of the property (topography, shape,
etc.)WHICH is not self created.

 The proposed variance is the minimum deviation necessary to permit


reasonable use of the property.

 The variance will not alter the physical character of the district or zone where
the property for which the variance is sought is located and will not
substantially or permanently injure the use of the other properties in the
same district or zone.

 That the variance will not weaken the general purpose of the Ordinance and
will not adverse affect the public health, safety or welfare.

 The variance will be in harmony with the spirit of this Ordinance.

2. Exceptions
 The exception will not adversely affect the public health, safety and welfare
and is keeping with the general pattern of development in the community.

 The proposed project shall support economic based activities/provide


livelihood, vital community services and facilities while at the same time
posting no adverse effect on the zone/community.

 The exception will not adversely affect the appropriate use of adjoining
property in the same district.

 The exception will not alter the essential character and general purpose of the
district where the exception sought is located.

Section 35. Procedures for Granting Exceptions and Variances. The procedure for the
granting of exception and/or variance is as follows:

1. A written application for an exception or variance SHALL be filed WITH THE


LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA) citing
the sections of this Ordinance under which the same is sought and stating the
ground/s thereof.

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Zoning Ordinance of the Municipality of Ternate

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 LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS shall


conduct preliminary studies on the application.

4. A written affidavit on non-objection of the project by the owners of the


properties adjacent to the project shall be filed by the applicant with the
LZBAA at least fifteen (15) days prior to the decision for exception/variance.

5. In case of objection, the LZBAA 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 LZBAA shall, render a decision within thirty (30) days from the filing of
application, 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 exception/variance.

ARTICLE X
ADMINISTRATION AND ENFORCEMENT

Section 36. Locational Clearance. All owners/developers shall secure LOCATIONAL


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

Section 37. Building Permit. No building permit shall be issued by the local building
officer without a valid locational clearance in accordance with this ordinance.

Section 38. Non-User 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 clearance.

Section 39. Certificate of Non-Conformance. A certificate of Non-Conformance shall be


applied for and 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 SANGGUNIANG
PANLALAWIGAN (SP). 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 of known existing non-conforming use to apply for a certificate of non-
conformance.

Section 40. 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 with the provision of this Ordinance, provided:

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Zoning Ordinance of the Municipality of Ternate

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 non-conforming structure or structures under one ownership which
has been damaged maybe reconstructed and used as before provided that
such reconstruction is not more than fifty percent (50%) of the replacement
cost.

5. That no such non-conforming use maybe moved to displace any conforming


use.

6. 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.

7. That 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.

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.

Section 41. 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 42. Powers and Functions of a Zoning Administrator/Zoning Officer . Pursuant


to the provisions of EO 72 implementing RA 7160 in relation to Section 5, Paragraph a and
d, Section 7 of Executive Order No. 648 dated 07 February 1981. The Zoning
Administrator/Zoning Officer shall perform the following functions, duties and responsibilities.

I. Enforcement

A. Act on all applications for locational clearances for all projects.

1. Issuance of Locational Clearance for projects conforming with


zoning regulations.

2. Recommend to the Local Zoning Board of Adjustment and Appeals


(LZBAA) the grant or denial of applications for variances and
exceptional 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.
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Zoning Ordinance of the Municipality of Ternate

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 are violative of 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 Municipal Attorney for other legal actions/remedies to
the foregoing.

II. Planning

Coordinate with the Regional Office of the HLURB regarding proposed amendments
to the zoning ordinances prior to adoption by the Sangguniang Bayan .

Section 43. Action on Complaints and Opposition. A complaint for violation of any
provision of the zoning ordinance or of any clearance or permits issued pursuant thereto
shall be filed with the LZBAA.

However, oppositions to application for clearance, variance or exception shall be


treated as a complaint and dealt with in accordance with the provision of this section.

Section 44. FUNCTIONS AND RESPONSIBILITIES OF THE LOCAL ZONING BOARD


OF ADJUSTMENT AND APPEALS. THERE IS HEREBY CREATED A LZBAA WHICH
SHALL PERFORM THE FOLLOWING FUNCTIONS AND RESPONSIBILITIES:

A. ACT ON APPLICATIONS OF THE FOLLOWING NATURE:


1. Variances
2. Exceptions
3. Non-Conforming Uses
4. COMPLAINTS AND OPPOSITON TO APPLICATIONS
B. ACT ON APPEALS ON GRANT OR DENIAL OF LOCATIONAL
CLEARANCE BY THE ZONING ADMINISTRATOR/ZONING OFFICER.

Decisions of the Local Zoning Board of Adjustment and Appeals shall be


appealable to the HLURB.

Section 45. COMPOSITION OF THE LOCAL ZONING BOARD OF ADJUSTMENT AND


APPEALS (LZBAA). THE MUNICIPALITY/CITY DEVELOPMENT COUNCIL SHALL
CREATE A SUB-COMMITTTEE WHICH SHALL ACT AS THE LZBAA COMPOSED OF
THE FOLLOWING MEMBERS:

1. City or Municipal Mayor as Chairman


2. City or Municipal Legal Officer
3. City or Municipal Assessor
4. City or Municipal Engineer

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Zoning Ordinance of the Municipality of Ternate

5. City or Municipal Planning & 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 municipal mayor. In the event of non-
availability of any of the officials enumerated above, the Sangguniang Bayan
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, nominated by their


respective organizations and confirmed by the municipal mayor.

In the event of non-availability of any of the officials enumerated above, the


Sangguniang Bayan shall elect the number of its members as may necessary to meet the
total number above set forth, as representatives.

FOR PURPOSES OF POLICY COORDINATION, SAID COMMITTEE SHALL BE


ATTACHED TO THE MUNICIPAL DEVELOPMENT COUNCIL.

Section 46. Interim Provision. Until such time that the LOCAL ZONING BOARD OF
ADJUSTMENT AND APPEALS shall have been constituted, the HLURB shall act as the
LOCAL 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.

Section 47. Review of the Zoning Ordinance. The Municipality 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 of rezoning
d. Other reasons which are appropriate for consideration

Section 48. Composition of the Local Zoning Review Committee (LZRC). The Local
Zoning Review Committee shall be composed of sectoral experts.

These are the Local Officials/Civic Leaders responsible for the operation, development and
progress of all sectoral undertakings in the locality, e.g.:

a. Municipal Planning and Development Coordinator


b. Municipal Health Officer
c. Municipal Agriculturist
d. President, Association of Barangay Captains
e. Municipal Engineer
f. Community Environment and Natural Resources Officer (CENRO)
g. Municipal Agrarian Reform Officer (MARO)

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Zoning Ordinance of the Municipality of Ternate

h. District School Supervisor


i. Three (3) Private Sector Representatives (Local Chamber of Commerce, Housing
Industry and Homeowner’s Association)

j. Two (2) NGO Representatives


FOR PURPOSES OF POLICY AND PROGRAM COORDINATION, THE LZRC
SHALL BE ATTACHED TO THE MUNICIPAL DEVELOPMENT COUNCIL.

Section 49. 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 or 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 Bayan 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 the functions.

Section 50. Amendments to the Zoning Ordinance. Changes in the Zoning Ordinance as
a result of the review by the Local Zoning Review Committee shall be treated as an
amendment, provided that any amendment to the Zoning Ordinance or provisions thereof
shall be SUBJECT TO PUBLIC HEARING AND REVIEW EVALUATION OF THE LOCAL
ZONING REVIEW COMMITTEE AND SHALL BE carried out through a resolution of three
fourths vote of the Sangguniang Bayan. Said amendments shall take effect only after
approval and authentication by SANGGUNIANG PANLALAWIGAN.

Section 51. Violation and Penalty. Any person who violates any of the provisions of this
Ordinance, shall, upon conviction, be punished by a fine NOT EXCEEDING P 2,500.00 or an
imprisonment for a period not exceeding six (6) months or both at the discretion of the Court.
In case of violation by a corporation, partnership or association the penalty shall be imposed
upon the erring officers thereof.

Section 52. Suppletory Effect of Other Laws and Decrees. The provisions of the
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 53. Separability Clause. Should any section or provision of the 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.

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Zoning Ordinance of the Municipality of Ternate

Section 54. 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.

Section 55. Effectivity Clause. This Ordinance shall take effect upon approval by the
SANGGUNIANG PANLALAWIGAN.

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Zoning Ordinance of the Municipality of Ternate

Consolidated Zoning Map and Sea Use Plan of Ternate

46
Zoning Ordinance of the Municipality of Ternate

General Zoning Map 2010

47
Zoning Ordinance of the Municipality of Ternate

General Zoning Map 2020

48

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