Professional Documents
Culture Documents
ZONING ORDINANCE
OF THE
MUNICIPALITY OF TERNATE
2011 - 2020
1
Zoning Ordinance of the Municipality of Ternate
Table of Contents
Page
Municipal Ordinance 4
ARTICLES
Section 2 Authority
Section 3 Purpose
Section 4 General Zoning Principle
V Zone Regulations 23
IX Mitigating Devices 37
Section 34 Deviation 37 - 38
Section 35 Procedures for Granting Exceptions
and Variances 38 - 39
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Zoning Ordinance of the Municipality of Ternate
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.
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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”.
1. Guide, control and regulate future growth and development of Ternate, Cavite in
accordance with its Comprehensive Land and Water Use Plan.
3. Promote and protect the health, safety peace and comfort, convenience and general
welfare of the inhabitants in the locality.
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:
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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.
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.
8. Central Business District – shall refer to areas designated principally for trade,
services and business purposes (Commercial Zone).
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).
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.
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.
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Zoning Ordinance of the Municipality of Ternate
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
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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.
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
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
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)
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.
66. Parks and Recreation Zone (PRZ) – an area designed for diversion/amusements
and for the maintenance of ecological balance of the community.
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.
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.
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
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
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Zoning Ordinance of the Municipality 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:
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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.
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.
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Zoning Ordinance of the Municipality of Ternate
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
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
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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
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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
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
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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.
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Zoning Ordinance of the Municipality of Ternate
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.
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.
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.
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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.
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:
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Zoning Ordinance of the Municipality of Ternate
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:
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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
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Zoning Ordinance of the Municipality of Ternate
8. Storerooms but only as may be necessary for the efficient conduct of the
business
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Zoning Ordinance of the Municipality of Ternate
a. Non-Pollutive/Non-Hazardous Industries
1. Drying fish
2. Biscuit factory – manufacture of biscuits, cookies, crackers and other
similar dried bakery products
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Zoning Ordinance of the Municipality of Ternate
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.
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Zoning Ordinance of the Municipality of Ternate
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Zoning Ordinance of the Municipality of Ternate
Section 15. Use Regulations in General Institutional (GIZ) Zone . In GI Zone, the
following uses shall be allowed:
4. Scientific, cultural and academic centers and research facilities except nuclear,
radioactive, chemical and biological warfare facilities
7. Museums
8. Embassies/consulate
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
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Zoning Ordinance of the Municipality of Ternate
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
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;
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.
Section 18. Use Regulations in Agro-Industrial Zone (AIZ). In Agr.-I Zones the following
uses shall be permitted:
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. 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.
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.
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.3. High Density Residential Zone (R-3) – In R-3 zone, allowed density
is sixty six (66) or more dwelling units per hectare.
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.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.
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:
Section 26. Road Setback Regulations. The following road setback regulations shall be
applied:
ROAD SETBACK
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
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.
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
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.
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.
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 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:
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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.
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 37. Building Permit. No building permit shall be issued by the local building
officer without a valid locational clearance in accordance with this ordinance.
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
2. That no such non-conforming use which has ceased operation for more than
one (1) year be again revived as non-conforming use.
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.
I. Enforcement
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.
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Zoning Ordinance of the Municipality of Ternate
5. City or Municipal Planning & Development Coordinator (if other than the Zoning
Administrator)
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:
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.:
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Zoning Ordinance of the Municipality of Ternate
Section 49. Functions of the Local Zoning Review Committee The LOCAL ZONING
REVIEW COMMITTEE shall have the following powers and 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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