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Section 2. Authority 2
Section 3. Purposes 2-3
ZONING ORDINANCE
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
EXCERPTS FROM THE MINUTES OF THE 37th REGULAR SESSION OF THE 11th
SANGGUNIANG BAYAN, MUNICIPALITY OF LIBONA, BUKIDNON HELD IN THE
MUNICIPAL SESSION HALL, LIBONA, BUKIDNON ON MAY 9, 2011 (MONDAY).
Present:
Councilor ERIBERTO Y. CABAÑEZ . . . Member, Temp. Presiding Officer
Councilor ERNIE AL O. EDRALIN . . . Member, Majority Floor Leader
Councilor VICENTE F. BALAIS . . . Member
Councilor FERNANDO P. IBARITA . . . Member,
Councilor ALEJANDRO G. BUENAFLOR . . . Member
Councilor FARRAH L. YONGCO . . . Member, Minority Floor Leader
Councilor VLADIMIR P. GALLEGO . . . Member
Councilor MONICA V. MALABO . . . Member, Acting-SK Rep.
Absent:
Vice Mayor AURELIO B. LOPEZ . . . Chairman
Councilor VIRGILIO B. CABARDO . . . Member, OB-Malaybalay City
Councilor ELEAZAR P. IBONA . . . Member, Liga ng mga Brgy. Rep.
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
WHEREAS, R.A. 7160, otherwise known as the Local Government Code of 1991, mandates
local government units to prepare their Comprehensive Land Use Plans through the enactment of
Zoning Ordinance as the primary for future use of land resources;
WHEREAS, the Housing and Land Use Regulatory Board is task to assist and coordinate
activities with local governments in the preparation of their Comprehensive Land Use Plans;
WHEREAS, the Local Government of Libona revisited and reformulated its Comprehensive
land Use Plans in a series of preparatory activities;
RESOLVED, as it is hereby resolved that the Sangguniang Bayan of the Municipality of Libona
in session assembled adopt the revised Zoning Ordinance for CY 2010~2019 and that the following
enabling ordinance is enacted, thus:
ZONING ORDINANCE 1
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ORDINANCE NO. 11 - 11
WHEREAS, the implementation of comprehensive Land Use Plans would require the
enactment/revision of regulatory measures to translate its planning goals and objectives into reality and a
Zoning Ordinance is one such regulatory measure which is important tool for the implementation of the
comprehensive land use plan;
WHEREAS, the local government code authorizes local government units to enact/revise 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, socioeconomic 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, the LGU supports the co-management principle, multi-level, multi-sectoral approach;
WHEREAS, the Housing and Land Use Regulatory Board has spearheaded and now assists in
coordinates the activities of local governments in comprehensive land use planning;
NOW THEREOF, the Sangguniang Bayan of Libona, Bukidnon in a session assembled hereby
adopts the following zoning ordinance.
ARTICLE I
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance. This Ordinance shall be known as the “Revised Zoning Ordinance of the
Municipality of Libona, Bukidnon” 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 of
1991, “RA 7160” Section 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 and other related laws and orders.
1. Guide, control and regulate future growth and development of Libona, Bukidnon in accordance
with its Comprehensive Land Use Plan.
2. Protect the character and stability of residential, commercial, industrial, institutional, forestry,
agricultural, open space and other functional areas within the locality and promote the orderly
and beneficial development of the same.
ZONING ORDINANCE 2
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
3. Promote and protect the health, safety, peace, 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.
ARTICLE III
DEFINITION OF TERMS
The definition of technical terms used in this 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 Environment 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 (AGZ) - an area within a municipality intended for cultivation/fishing and
pastoral activities (e.g. fish, farming, cultivation of crops, goat/cattle raising, etc).
2. Agro-Industrial Zone (AIZ) - an area within a municipality intended primarily for integrated
farm operations and related product processing activities such as plantation for bananas,
pineapple, tomato, sugar etc.
3. HLURB/BOARD – shall mean the Housing and land use Regulatory Board.
4. 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.
6. Central Business District – shall refer to areas designated principally for trade, service, and
business purpose (Commercial 1 Zone).
7. 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.
8. Compatible Use - uses or land activities capable of existing together harmoniously (e.g.
residential use and parks and playground).
9. 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).
10. Conflicting Use – a use or land activity with contrasting characteristics sited adjacent to each
other (e.g. residential units adjacent to industrial plants).
ZONING ORDINANCE 3
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
11. Conforming Use - a use which is in accordance with the zone classification as provided for in
the Ordinance.
12. Easement - open space imposed on any land use/activities sited along waterways, road-right-of-
ways, cemeteries/memorial parks and utilities.
13. Environmentally Critical Areas – refer to those areas which are environmentally sensitive and
are listed in Presidential Proclamation 2146 dated December 14, 1981.
14. 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.
15. Exception - a devise which grants a property owner relief from certain provisions 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 money.
16. Floor Area Ratio (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 area of any building should be based in its capacity to support
development in terms of the absolute level of density that the transportation and other utility
networks can support.
17. Forest Zone (FZ) - an area within a municipality intended primarily for forest purposes.
18. General Commercial Zone (GCZ) – an area within a municipality for trading/services/business
purposes.
19. General Institution Zone (GIZ) – an area within a municipality principally for general types of
institutional establishments (e.g. government offices, schools, hospitals/clinics, health centers,
academic/research, convention centers).
20. General Residential Zone (GRZ) – an area within a municipality principally for
dwelling/housing purposes.
21. General Zoning Map - a duly authenticated map delineating the different zones in which the
whole municipality is divided.
22. 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, elevators shafts, flues, pipe
shafts, vertical ducts, and the like and their enclosing walls;
• Rests rooms or toilets;
• Machine rooms and closets;
• Storage rooms and closets;
• Covered balconies and terraces;
• Interior walls and columns and other interior features
ZONING ORDINANCE 4
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
But excluding:
• Covered areas used for parking and driveways, including vertical penetrations in
parking floors where no residential or office units are present;
• Uncovered areas for AC cooling towers overhead water tanks, roof decks, laundry areas
and cages, wading or swimming pools, whirl pools or Jacuzzis, gardens, courts or
plazas.
23. High Density Residential Zone (R-3) - a subdivision of an area principally for dwelling/housing
purposes with a density of 66 or more dwelling units per hectare.
24. Innovative Design - Introduction and/or application of new/creative designs and techniques in
development projects (e.g. Planned Unit Development (PUD) New town, etc.).
25. Light Industrial Zone (I-1) - a subdivision of an area principally for the following types of
industries:
a. non-pollutive/non-hazardous
b. non-pollutive/hazardous
26. 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.
27. Low Density Commercial Zone (C-1) – an area within a municipality principally for trade,
services, and business activities ordinarily referred to as the Central Business District.
28. Low Density Residential Zone (R-1) - an area within a municipality principally for
dwelling/housing purposes with a density of 20 dwelling units and below per hectare.
29. Medium Density Commercial Zone (C-2) – an area within a municipality with a quasi-trade
business activities and service industries performing complementary/supplementary functions to
principally commercial zone (CBD).
30. Medium Density Residential Zone (R-2) - an area within a municipality principally for
dwelling/housing purposes with a density of 21-65 dwelling units per hectare.
31. Medium Industrial Zone (I-2) - an area within a municipality principally for the following types
of industries:
a. pollutive/non-hazardous
b. pollutive/hazardous
32. Mitigating Device - means to grant relief in complying with certain provisions of the Ordinance.
34. Parks and Recreation Zone (PRZ) - an area designed for diversion/amusements and for the
maintenance of ecological balance of the community.
35. 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 sitting, complementarily of building types and land uses, usable open
spaces and the preservation of significant natural land features.
ZONING ORDINANCE 5
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
36. Rezoning - a process of introducing amendments to or a change in the text and maps of the
zoning ordinance. It also includes amendment or chug in view of reclassification under Section
20 of RA 7160.
38. Setback - the open space left between the building and lot lines.
39. Socialized Housing Zone (SHZ) – shall be used principally for socialized housing/dwelling
purposes for the underprivileged and homeless as defined in RA 7279.
40. Special Institutional Zone (SIZ) – an area within a municipality principally for particular types
of institutional establishments (e.g. welfare homes, orphanages, home for the aged, rehabilitation
and training centers, military camps/reservation/bases/training grounds, etc).
41. Tourist Zone (TZ) - are sites within the municipality endowed with natural or manmade physical
attributes and resources that are conducive to recreation, leisure and other wholesome activities.
42. Urban Areas - include all barangays or portions of which comprising the Crossing, Central
Business District (CBD) and other settlement areas including the urbanizable land and in and
adjacent to said areas and where at least more than fifty percent (50%) of the population are
engaged in non-agricultural activities. CBD shall refer to the areas designated principally for
trade, services and business purposes.
43. Urban Zoning Map - a duly authenticated map delineating the different zones into which the
urban area and its expansion area are divided.
44. Urbanizable Land - area designated as suitable for urban expansion by virtue of land use studies
conducted.
45. Variance - a Special Locational Clearance which grants a property owner relief from certain
provisions of Zoning Ordinance where, because of the 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.
46. Warehouse - refers to a storage and/or depository of those in business of performing warehouse
services for others, for profit.
47. Water Zone (WZ) – are bodies of water within a municipality which include rivers, streams,
lakes, and seas, except those included in other zone classification.
48. Zone/District - an area within the municipality for specific land use as defined by manmade or
natural boundaries.
49. Zoning Administrator/Zoning Officer - a municipal government employee responsible for the
implementation/enforcement of the Zoning Ordinance in a community.
50. Zoning Ordinance - a local legal measure which embodies regulations affecting land use.
ZONING ORDINANCE 6
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ARTICLE IV
ZONING CLASSIFICATIONS
Section 4. Division into Zones or Districts. To effectively carry out the provisions of this Ordinance, the
municipality is hereby divided into the following zones or districts as shown in the Official Zoning
Maps. [Refer to Annexes G and H for appropriate color codes]
Section 5. Zoning Maps. - It is hereby adopted as an integral part of this Ordinance, 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
Sangguniang Panlalawigan.
ZONING ORDINANCE 7
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 8
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 9
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 10
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 11
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 12
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 13
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 14
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 15
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 6. 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:
POBLACION
ZONING ORDINANCE 16
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
1. Lot 93, 85 & 94, Pls 12 10.00 M. wide Subdivision Road
(Portion Only)
2. Lot 119-A, Pls 12 (Portion 10.00 M. wide Subdivision Road within Libona Paglaum Village
Only)
3. Lot 117, Pls 12 (Portion 60.00 M. wide Municipal Road Lot 117, Pls 12 Municipal Road
Only) National Road (Portion Only) GIZ
(Health Center)
4. Lot 116, Pls 12 (Portion 10.00 M. wide Subdivision Road
Only)
5. Lot 620, Bsd 7124 (Portion Municipal Road 60.00 M. wide Municipal Road
Only) National Road
MEMORIAL PARK
NORTH SOUTH WEST EAST
1. Lot 148 (Portion Only) & 60.00 M. wide Lot 151, Pls 12 Lot 148, Pls 12 Lot 148 (Portion
149, Pls 12 National Road Agricultural Area (Portion Only) Only) & 150, Pls 12
Agricultural Area Agricultural Area
AGRI-INDUSTRIAL ZONE (AIZ) (see map of Barangay Poblacion with Legend Pink Colors with
Hatch)
ZONING ORDINANCE 17
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
CROSSING
ZONING ORDINANCE 18
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
6. Lot 1378, Pls 229 Barangay Road Lot 1747, 1749 & 15.00 M. wide Lot 1379 & 1896,
1751, Pls 229 Provincial Road Pls 229
MDRZ (R2) Agricultural Area
7. Lot 1384, Pls 229 (Portion Lot 1382, Pls 229 30.00 M. wide Lot 1384, Pls 229 Lot 1385 to 1387,
Only) Agricultural Area National Road (Portion Only) Pls 229
Agricultural Area Agricultural Area
8. Lot 1340 & 1929, Pls 229 NDC Pineapple Lot 1341 & 1429, Lot 1339, Pls 229 Lot 1352 & 1353,
(Sitio Old 12) Plantation Pls 229 Agricultural Area Pls 229
Agricultural Area Agricultural Area
ZONING ORDINANCE 19
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
4. Lot 1447, Pls 229 Lot 1445 - B, Pls 229 Lot 1428, 1448 & Cugman River 30.00 M. wide
(High School) Agri, Res. & 1446, Pls 229 Provincial Road
Barangay Road Residential Zone
Lot 1427, Pls 229 Barangay Road Lot 1707, 1709, Barangay Road Barangay Road
(Portion Only) Brgy. Inst. 1711, 1713, 1715,
1717, 1719, 1721 &
1731, Pls 229
Residential Zone
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
1. Lot 1413, Pls 229 (Portion 10.00 M. wide Subdivision Road 30.00 M. wide 10.00 M. wide
Only) Provincial Road Subdivision Road
2. Lot 1792, Pls 229 Barangay Road 30.00 M. wide Barangay Road
National Road
3. Lot 1786, Pls 229 Lot 1787, Pls 229 Barangay Road Lot 1659, Pls 229
Agricultural Area Agricultural Area
4. Lot 1445 - A, Pls 229 Barangay Road Lot 1445 - B, Pls Barangay Road Lot 1616 & 1627,
229 Agri, Res. & Pls 229
Barangay Road Commercial Zone
5. Lot 1427 - 1, Pls 229 Barangay Road
(Portion Only)
MEMORIAL PARK
NORTH SOUTH WEST EAST
1. Lot 1371, Pls 229 Lot 1370, Pls 229 Lot 1375, Pls 229 Lot 1370, 1372 & Lot 1897, Pls 229
Agricultural Area Agricultural Area 1373, Pls 229 Agricultural Area
Agricultural Area
AGRI-INDUSTRIAL ZONE (AIZ) (see map of Barangay Crossing with Legend Pink Colors with
Hatch)
ZONING ORDINANCE 20
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
GANGO
ZONING ORDINANCE 21
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
1. Lot 1213, Cad 1109 Surrounded by a 10.00 M. wide Barangay Road
MEMORIAL PARK
NORTH SOUTH WEST EAST
1. Lot 1060, Cad 1109 Lot 1061 & 1062, Barangay Road Municipality of Lot 1632, 1633 &
Cad 1109 Baungon 1176, Cad 1109
Agricultural Area Agricultural Area
KILIOG
ZONING ORDINANCE 22
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
ZONING ORDINANCE 23
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
1. Lot 5-1-6098 (6 – 10) Lot 1525 & 1526, Lot 5, 6 & 7, H- 60.00 M. wide H-75317,
Cad 1109, 75222, National Road Agricultural Area
Barangay Kinawe Agricultural Area
(Agricultural Area)
2. H-120479 & H-87840 Lot A – 1, H-201368 , Lot 36, 37, 38, 39, Barangay Road
Agricultural Area Agricultural Area 40, 41, 50 & 51,
SWO
3. Lot 64 – A, B, C, Gss 292 H-201368 & Lot H-197290 Lot 61 & 63, Gss Lot 63, 68, 69, &
61, Gss 292, Agricultural Area 292 Agricultural 70, SWO
Agricultural Area Area Agricultural Area
4. Lot 25, 1, 5 & 6, Gss 292 H-197290 Lot 2, 6, 7, H- Lot 7 & 74, Gss Lot 24, 23, 58 &
Agricultural Area 194036 & Lot 58, 292 Agricultural 65, Gss 292
& Barangay Road Gss 292 Area Agricultural Area
Agricultural Area
5. Lot 32 – J, Gss 292 Lot 32 – C, Gss Lot 32 – L, Gss Lot 32 – E, Gss Bigaan Creek
292 Agricultural 292 Agricultural 292 Agricultural
Area Area Area
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
1. Lot 36, Gss 292 Lot 2 & 3, H- DAR-ADB Farm Lot 49, Gss 292, Lot 44, Gss 292
75222 to Market Road Agricultural Area Kiliog School Site
(Agricultural Area)
2. Lot 37, Gss 292 (Part Only) Barangay Road Barangay Road 60.00 M. wide Lot 37, Gss 292
National Road (Part Only)
Barangay
Institution
MEMORIAL PARK
NORTH SOUTH WEST EAST
1. Lot 9 – A, Gss 292 Lot 9 – B, Gss 292 Lot 10, Gss 292 Bigaan Creek (with Proposed Barangay
Agricultural Area Agricultural Area 20.00 M. Wide Road
Legal Easements)
KINAWE
ZONING ORDINANCE 24
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
3. Lot 1374, Cad 1109 (Portion Lot 1374, Cad 1109 Barangay Road 60.00 M. wide Barangay Road
Only) Barangay Institution (Portion Only) National Road
Agricultural Area
4. Lot 1448, Cad 1109 (Elem. Old Barangay Site Lot 1570, Cad 60.00 M. wide Barangay Road
School) 1109 Park National Road
ZONING ORDINANCE 25
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
1. Lot 42 (within Old Barangay Barangay Road Barangay Road 60.00 M. wide Barangay Road
Site) National Road
2. Lot 1507, Cad 1109 Lot 1448, Cad Barangay Road 60.00 M. wide Barangay Road
1109 GIZ (ES) National Road
3. Lot 1520, Cad 1109 (Portion 10.00 M. wide Subdivision Road
Only)
4. Lot 1372, Cad 1109 (Portion 10.00 M. wide Subdivision Road
Only)
MEMORIAL PARK
NORTH SOUTH WEST EAST
1. Lot 1429 & 1430, Cad 1109 Lot 1422, Cad DAR-ADB Farm- Lot 1427, Cad Lot 1476, Cad
1109 Agricultural to-Market Road 1109 Agricultural 1109 Agricultural
Land Land Land
LATURAN
ZONING ORDINANCE 26
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
AGRI-INDUSTRIAL ZONE (AIZ) (see Barangay Laturan Map with Legend Pink Colors with Hatch)
NORTH SOUTH WEST EAST
1. Lot 737, 738 & 739, Bsd Lapinigan & Lot 740 & 741, Lapinigan Creek Sinaplotan Creek
7124 Sinaplotan Creek Bsd 7124, Pineapple
Plantation
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
1. Lot 674, Bsd 7124 (Portion 15.00 M. wide 15.00 M. wide 30.00 M. wide 15.00 M. wide
Barangay Road Barangay Road Barangay Road
ZONING ORDINANCE 27
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
MEMORIAL PARK
NORTH/EAST SOUTH/WEST
1. Lot 722 – D, Bsd 7124 Barangay Road (Lot 722 – C, Bsd 7124, Barangay Road (Lot 722 – C, Bsd 7124,
Agricultural Area) Agricultural Area)
SANTA FE
ZONING ORDINANCE 28
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
PARKS/PLAYGROUND
NORTH SOUTH WEST EAST
ZONING ORDINANCE 29
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
1. Lot 67, Pls 229 Lot 68, Pls 229 Lot 66, Pls 229 Barangay Road Migbanga Creek
Agricultural Area Agricultural Area
2. Lot 25, Pls 229 Barangay Road Barangay Road Barangay Road Barangay Road
3. Lot 22, Pls 229 (Part Only Lot 22, Pls 229 Lot 22, Pls 229 Lot 22, Pls 229 Lot 22, Pls 229
LOTE) (Part Only LOTE) Barangay Road Barangay Road Barangay Road
MDRZ-(R2)
MEMORIAL PARK
NORTH SOUTH WEST EAST
1. Lot 71, Pls 229 (Part Only) Lot 71, Pls 229 Lot 68, Pls 229 Barangay Road Migbanga Creek
AIZ and Agricultural Area (w/ 20.00 M. wide
Agricultural Area Legal Easements
Section 7.Interpretation of the Zone Boundary. In the interpretation of the boundaries for any of the zones
indicated on the Zoning Map, the following rules shall apply:
ZONING ORDINANCE 30
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
1. Where zone boundaries are so indicated that they approximately follow the center of streets or
highway, the street or highway right-of-way lines, shall be construed to be the boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot
lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the 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 said zoning map.
4. 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.
5. 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.
6. 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 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 less
than fifty percent (50%) of the total area of the 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.
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.
7. The textual description of the zone boundaries shall prevail over that of the Official Zoning
Maps.
ARTICLE V
ZONE REGULATIONS
Section 8. General Provision. The uses enumerated in the succeeding sections are not exhaustive or all-
inclusive. The MUNICIPAL ZONING BOARD OF ADJUSTMENTS AND APPEALS
(MZBAA) 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
and ecological/biophysical 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 is said zones, such that the cumulative effect of zoning shall be intra-
zonal and not inter-zonal.
Section 9. Use Regulations in Residential Zone (RZ). A Residential 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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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
7. 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;
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 in any radio or television
receiver or causes fluctuations in line voltage off the premises.
`
8. 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 number 8, home
occupation, this section.
9. 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
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 10a. Use Regulations in Low Density Residential Zone (R-1) - An R-1 shall be used principally for
housing/dwelling purposes so as to maintain the peace and quiet of the area within the zone with a
density of 20 dwelling units and below per hectare. The following are allowable uses:
4. Home occupation for the practice of one’s profession or for engaging an in-house 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;
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 in a required front yard;
e. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odors or electrical interference delectable to the normal senses
and visual or audible interference in any radio or television receivers or causes
fluctuation in line voltage off the premises.
b. Allotted capitalization shall not exceed the capitalization as set by the Department of
Trade and Industry (DTI);
6. 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
7. Religious use
8. Multi-purpose/Barangay hall
Pre-school
10. Sports club
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 10b. Use Regulations in medium Density Residential (R-2) Zone. R-2 zones shall be for
housing/dwelling PURPOSES (i.e. 21 to 65 dwelling units per hectare). The following are the
allowable uses:
Section 10c. Use Regulations in High Density Residential (R-3) Zone. An R-3 shall be for housing/dwelling
purposes of high density (i.e. 66 or more dwelling units per hectare). The following are the allowable
uses:
Section 10d. Use Regulations in Socialized Housing Zone (SHZ) - An SHZ shall be used principally for
socialized housing/dwelling purposes for the underprivileged and homeless defined in RA 7279.
Allowable uses:
Section 11. Use Regulations in General Commercial Zone (GCZ) . A GC Zone shall be
business/trade/service uses. Within the zone the following types of establishments shall be allowed:
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
7. Storerooms but only as may be necessary for the efficient conduct of the business
9. Library museum
10. Filling Station/service station
11. Clinic
12. Vocational/technical school
13. Convention Center and related facilities
14. Messengerial service
15. Security agency
16. Janitorial service
17. Bank and other financial institutions
18. Radio and television station
19. Building garage, parking lot
20. Bakery and baking of bread, cake, pastries, pies and other similar perishable products
21. Custom dressmaking shop
22. Custom tailoring shop
23. Commercial and job printing
24. Typing and photo engraving services
25. Repair of optical instruments and equipment and cameras
26. Repair of clocks and watches
27. Transportation terminals/garage with and without repair
28. Repair shops like:
a. house appliances repair shops
b. motor vehicles and accessory repair shops
c. home furnishing shops
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 11a. Use Regulations in C-1 Zone. A C-1 Zone shall be principally for trade, services and business
activities enumerated below are the allowable uses:
9. Library, museum
10. Filling station/service station
11. Clinic
12. Vocational/technical school
13. Convention center and related facilities
14. Messengerial service
15. Security Agency
16. Janitorial service
17. Bank and other financial institution
18. Radio and television station
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 11b. Use Regulations in C-2 Zone. A C-2 Zone shall be for quasi trade business activities and
service industries performing complimentary/supplement functions to principally Commercial Zone
(CBD). Within the C-2 Zone the following use are allowed:
1. All uses in C-1 may be allowed in C-2
2. Repair shops like:
a. house appliances
b. motor vehicles and accessory
c. home furnishing shops
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:
1. Non-Pollutive/Non-Hazardous Industries
i. Other bakery products not elsewhere classified (n.e.c.)
b. Manufacture of animal drawn vehicles
2. Non-Pollutive/Hazardous Industries
a. Manufacture of house furnishing
ii. Jute bag factory
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 13. Use Regulations in Medium Industrial Zone (I-2). An I-2 Zone shall be for pollutive/non-
hazardous and pollutive/hazardous manufacturing and processing establishments. Enumerated below
are the allowable uses:
1. Pollutive/Non-Hazardous Industries
a. Poultry processing and canning
b. Corn mill/Rice mill
c. Peanuts and other nuts factory
d. Manufacture of hand tools
e. Manufacture of general hardware
f. Manufacture of miscellaneous cutlery hand tools and general hardware
g. Manufacture of household metal works and furniture
2. Pollutive/Hazardous Industries
a. Flour mill
b. Cassava flour mill
c. Manufacturing of coffee
d. Manufacturing of unprepared animal feeds other grain milling n.e.c.
e. Production prepared feeds for animals
f. Manufacture of rough lumber, unworked
g. Manufacture of worked lumber
h. Resawmills
i. Treating and preserving of wood
j. Manufacture of wood and cane blinds, screens and shades
k. Manufacture of wood working machinery
l. Manufacture of wood furniture including upholstered
m. Manufacture of rattan furniture including upholstered
n. Manufacture of box beds and mattresses
Section 14. Use Regulations in Heavy Industrial Zone (I-3). An I-3 Zone shall be highly pollutive/non-
hazardous; highly pollutive/hazardous; highly pollutive/ extremely hazardous; non-
pollutive/extremely hazardous. Enumerated below are the allowable use manufacturing and
processing establishments. Enumerated below are the allowable uses:
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
b. Sugar refining
c. Muscovado sugar mill
Section 15. Use Regulations in General Institutional (GI) Zone. In GI Zone following uses shall be allowed:
Section 16. Use Regulations in Special Institutional (SI) Zone. In SI Zones, the following uses shall be
allowed:
1. Welfare homes, orphanages, boys and girls town, home for the aged and the
2. Rehabilitation and vocational training center
Section 17. Use Regulations in Parks and Recreation (PR) Zone. The following uses shall be allowed in
Parks and Recreation Zones:
1. Parks/gardens
2. Open air or outdoor sports activities and support facilities, including low rise stadia, gyms,
amphitheaters and swimming pools
3. Golf courses, ball courts, race tracts and similar uses
4. Memorial/Shrines monuments, kiosks and other park structures
5. Sports Club
6. Functional wetlands, easement and buffer areas.
Section 18. Use Regulations for Agricultural (Agr.) Zone. 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, mushroom culture, fishing and fish culture, snake culture, crocodile farm, monkey
raising and the like.
4. Customary support facilities such as palay dryers and rice treasures and storage barns and
warehouses.
5. Ancillary dwelling units/farmhouses for tillers and laborers.
6. Agricultural research and experimentation facilities such a breeding stations, fish farms,
nurseries, demonstration farms, etc.
7. Pastoral activities such as goat raising and cattle fattening.
8. 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;
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;
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
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 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 Department of Trade
and Industry (DTI);
c. Such shall consider same provisions as enumerated in letters c, d and e Home
Occupation, this section.
Section 19. Use Regulations in Agro-Industrial (Agri-I) Zone. In Agri-I Zones the following use shall be
permitted:
Section 20. Use Regulations in Forest Zones (FZ). No development use, or activity shall be allowed in forest
zones unless consistent with the Department on Environment and Natural Resources (DENR)
Development Regulations for Forest Zones and 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 (ITP/IFP)
3. Integrated Social Forestry Programs (ISF)
4. Community-Based Forest Management
5. Reforestation Compliance by Forest Users by Temporary Lease Agreement
6. Reforestation Compliance by Pasture Lease Agreement
7. Ecological Revolution Programs(ECOREV)
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Other allowable uses such as Mining, Fishpond, Infrastructure development, and Resettlement
purposes should be in consonance with National Policies as enumerated below:
1. Mining
No extraction, excavation or other mining activity shall be undertaken except in accordance
with the Mining Code and its implementing rules and regulations.
2. Fishpond Purposes
Fishing activities within the forest zone shall be undertaken pursuant to the provisions of the
Fisheries Code and its implementing rules and regulations and the Revised Forestry Code of the
Philippines as amended.
3. Infrastructure
Infrastructure development undertaken within forest zones shall b consistent with the
provisions of the Revised Forestry Code of the Philippines, as amended, and subject to an
environmental impact and vulnerability assessment, prior to the approval of such projects in order to
determine their environmental impacts and social acceptability.
4. Indigenous People and Cultural Minority. No settlement development shall be allowed unless it is
supported with ancestral domain claim and/or in accordance with the Indigenous Peoples Act.
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 assessment of its carrying capacity, environmental impact and vulnerability
assessment 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. off shore oil exploration) shall also be allowed provided it is consonance with the
provisions of the Water Code, and the Revised Forestry Code of the Philippines, as amended.
(bodies of water shall include rivers, streams, and lakes) as well as other laws and regulations
such as Water Act, CCA and DRRM.
No tourism project or tourist related activities shall be allowed in tourist zones unless developed or
undertaken in accordance with the Department of Tourism (DOT) Guidelines and Standards and granted
approval by the Tourism Estate Department of DOT and subject to an environmental impact and vulnerability
assessment.
1. Cockpit Arena use shall be allowed within agricultural areas and or recreational projects and
shall be undertaken in accordance with the National Laws on Cockfighting and the Municipal
Cockfighting Ordinance of 2011.
ARTICLE VI
GENERAL DISTRICT REGULATION
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 24. Development Density. Permitted density shall be based on the zones capacity to support
development.
1. Residential Zones
a. Low Density Residential Zone (R-1) – In R-1 zone, allowed density is twenty (20)
dwelling units and below per hectare;
b. Medium Density Residential Zone (R-2) – In R-2 zone, allowed density is twenty one to
sixty five (21 to 65) dwelling units per hectares;
c. High Density Residential Zone (R-3) – In R-3 zone, allowed density is sixty six (66) or
more dwelling units per hectare.
Section 25. Height Regulations. Building permit must conform to the height restrictions and requirements of
the Air Transportation Office (ATO) as well as the requirements of the National Building Code, the
Structural Code as well as all laws, ordinances, design standards, rules and regulations related to
land development and building construction and the various safety codes.
1. Residential Zones
a. Low Density Residential Zones (R-1) – In R-1 zone, no building or structure for human
occupancy whether public or private shall be higher than ten (10) meters above highest
natural grade line in the property of front sidewalk (main entry) level; low rise dwellings
are up to three storey.
b. 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 storey.
c. High Density Residential Zones (R-3) – In R-3 zone, high rise dwelling units of eight or
more storey are allowed provided it conforms to 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). (Refer to Annexes B~F for illustration on how Floor Area
Ratio is used in a zoning plan).
Section 26. 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 structure not covered by the height regulations of the National Building Code
and/or the Air Transportation Office (ATO).
Section 27. Area Regulations. Area regulation in all zones shall conform to the minimum requirement of the
existing codes such as:
1. P.D. 957 - the “Subdivision and Condominium Buyers’ Protective Law” and its revised
implementing rules and regulations.
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
2. 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.
3. P.D. 1096 - National Building Code
4. Fire Code
5. Sanitation Code
6. Plumbing code
7. Structural Code
8. Executive Order No. 648
9. Other relevant guidelines promulgated by the national agencies concerned.
Section 28. Road Setback Regulations. The following road setback regulations shall be applied:
ROAD SETBACK
---------------------------------------------------------------------------------------------------------------------------
: Major : Secondary : Tertiary
Zoning Classification : Thoroughfare : Road : Road
: 30m. & above : : 6m. & below
: -----------------------------------:---------------------------------- :-------------------------------------
: Diversion/Railways : Provincial : Mun./ Brgy.
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Residential : 10 m. : 10 m. : 3 m.
Commercial : 20 m. : 20 m. : 7 m.
Industrial : 30 m. : 25 m. : 10 m.
Agriculture : 20 m. : 20 m. : 7 m.
Agro-Industrial : 30 m. : 25 m. : 10 m.
Institutional : 20 m. : 20 m. : 10 m.
Parks & Recreation : 10 m. : 10 m. : 3 m.
Forest : 30 m. : 25 m. : 10 m.
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Source: DPWH
1. The banks of rivers and streams 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,
floatage, fishing and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for space or
recreation, floatage, fishing or salvage or to build structures of any kind.
Plants or trees that shall be planted along the buffer zones shall consider varieties that have
very good water retentive capacity.
The above easement regulations shall be the minimum as provided for by PD 1067 and shall
be increased or enlarged subject to climate change and disaster risk reduction management
studies.
2. Mandatory five-meter easement (minimum) on both sides of fault trace and such other fault
traces on the ground identified by PHIVOLCS and MGB-DENR.
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 30. Buffer Regulations. A buffer of 3 meters (minimum) shall be provided along entire boundary
length between two or more conflicting zones (allocation 1.5. meters) allocating equal distances from
each side 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 31. 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 32. Innovative Techniques or Designs. For projects that introduce flexibility and creativity in design
or plan such as but not limited to Planned Unit Development, Housing projects covered by New
Town Development under R.A. 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 33. Projects of National Significance. Projects maybe declared by the NEDA Board as Projects of
National Significance pursuant to Section 3 of EO 72. When a project is declared by the NEDA
Board as a Project of National Significance the Locational Clearance shall be issued by HLURB
pursuant to EO 72.
Section 34. Environmental Compliance Certificate (ECC). Notwithstanding the issuance of Locational
Clearance under Section 37 of this ordinance, no environmentally critical projects or projects located
in environmentally critical areas shall be commenced, developed or operated unless the requirements
of ECC have been complied with.
Section 35. Subdivision Projects. All owners and/or developers of subdivision projects shall in addition to
securing a Locational Clearance under Section 37 of this Ordinance be required to secure
Development Permit pursuant to provisions of PD 957 and its implementing rules and regulations
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
ZONING ORDINANCE 44
MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 36. Deviation. Exceptions, variance 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.
o Conforming to the provisions of the Ordinance will cause undue hardship on the
part of the owner or occupant of the property due to physical conditions of the
property (topography shape, etc.) which is not self created.
o The proposed variance is the minimum deviation necessary to permit reasonable use
of the property.
o 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.
o That the variance will not weaken the general purpose of the Ordinance and will not
adversely affect the public health, safety or welfare.
2. Exceptions
a. The exception will not adversely affect the public health, safety and welfare and is in
keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/provided livelihood, vital
community services and facilities while at the same time posing no adverse effect on the
zone/community.
c. The exception will not adversely affect the appropriate use of adjoining property in the
same district.
d. The exception will not alter the essential character and general purpose of the district
where the exception sought is located.
Section 37. 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 section of this Ordinance under which the same is
sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign (indicating the name and nature of the proposed
project) shall be posted at the project site.
3. The Local Zoning Board of Adjustment and Appeals shall conduct preliminary studies on the
application.
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MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
4. A written affidavit of non-objection of the project by the owners of the properties adjacent to the
project shall be filed by the applicant with the LZBAA at least fifteen (15) days prior to the
decision for exception/variance.
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 the application,
exclusive of the time spent for the preparation of 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 38. Locational Clearance. All owners/developers shall secure Locational Clearance from the Zoning
Administrator/Zoning Officer or in case of variances and exemptions, from the Local Zoning Board
Adjustment and Appeals (LZBAA) prior to conducting any activity or construct on their
property/land.
Section 39. Building Permit . No Building Permit shall be issued by the Local Building Officer without a
valid Locational Clearance in accordance with this ordinance.
Section 40. Non-User of Locational Clearance. Upon issuance of a Locational Clearance, the grantee thereof
shall have year within which to commence or undertake the use, activity development covered by
such clearance on his property. Non-compliance 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 41. Certificate of Non-Conformance. A certificate of Non-Conformance shall be applied for by the
owner of the structure or operator of the activity involved with six (6) months from the ratification of
the zoning ordinance by the HLURB, Sangguniang Bayan (SB). Failure on the part of the owner
register/apply for a Certificate of Non-Conformance shall be considered in violation 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 on Non-Conformance.
Section 42. Existing Non-Conforming Uses and Buildings. The lawful uses of building, structure or land
at the of adoption or amendment of this Ordinance may be continued, although such uses do not conform
with the provision of this Ordinance, provided:
1. That no such non-conforming use shall be enlarged or extended to occupy a greater area of land
than that already occupied by such use at the time of the adoption of this Ordinance or moved in
whole or in part, to any other portion of the lot or parcel or land where such non-conforming use
exists at the time of the adoption of this Ordinance.
2. That no such non-conforming use which has ceased operation for more than one (1) year be
again revived as non-conforming use.
3. An idle/vacant structure shall not be used for non-conforming activity.
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MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
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.
7. That no such non-conforming structure may be enlarged or altered in a way which increases its
non-conformity, but any structure or portion thereof may be altered to decrease its non-
conformity.
8. That should such structure be moved for any reason to whatever distance, it shall thereafter
conform to the regulation of the district in which it is moved or relocated.
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 43. Responsibility for Administration and Enforcement. This Ordinance shall be enforced and
administered by the Local Chief executive through the Zoning Administrator/Zoning Officer shall be
appointed by the former in accordance with existing rules and regulations on the subject.
Section 44. Powers and Functions of a Zoning Administrator/Zoning Officer. Pursuant to the provisions of
EO 72 implementing RA 7160 in relation to Sec. 5 Paragraph a and d, and Section 7 of Executive
Order No. 648 dated 07 February 1981, the Zoning Administrator/Zoning Officer shall perform the
following functions, duties and responsibilities.
1. Enforcement
A. Act on all applications for Locational Clearances for all projects.
B. Monitor on-going/existing projects within their respective jurisdictions and issue notices
of violation and show cause order to owner developers, or managers of projects that are
violative of zoning ordinance and if necessary, pursuant to Sec. 3 of EO 7 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 relative to the
foregoing.
2. Planning
A. Coordinate with the Regional Office of the HLURB regarding proposed amendments to
the zoning ordinances prior to adoption by the Sangguniang Bayan.
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MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 45. Action on Complaints and Oppositions. A complaint for violations of any provision of the
Zoning ordinance or of any clearance or permits issued pursuant thereto shall be filed with the
LZBAA.
Section 46. Functions and Responsibilities of the Local Zoning Board of Adjustment and Appeals. There is
hereby crated a LZBAA which shall perform the following functions and responsibilities:
Decisions of the Local Zoning Board of Adjustment and Appeals shall be appealable to the HLURB.
Section 47. Composition of the Local Zoning Board of Adjustment and Appeals (LZBAA). The Municipal
Development Council shall create a sub-committee which shall act as the LZBAA composed of the
following members:
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.
Section 48. 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 49. Review of the Zoning Ordinance. The Municipal 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 arise, based on the following
reasons/situations :
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 50. Composition of the Municipal Land Use Committee (MLUC). The Municipal Land Use
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.:
For purposes of policy and program coordination, the MLUC shall also be mandated to advise
the municipal Mayor, Sangguniang Bayan and Municipal Development Council on matters of Land
Use Development.
Section 51. Functions of the Municipal Land Use Committee. The Municipal Land Use Committee shall
have the following powers and functions:
3. 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.
4. Provide information to the HLURB that would be useful in the exercise of its functions.
Section 52. 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 the Public hearing and
review evaluation of the Local Zoning review Committee and shall be carried out through a
resolution of three fourths (3/4) vote of the Sangguniang Bayan. Said amendments shall take effect
only after approval and authentication by Sangguniang Panlalawigan.
Section 53. Violation and Penalty. Any person who violates any of the provision of this Ordinance, shall,
upon conviction, be punished by a fine not exceeding Two Thousand Five Hundred Pesos (Php.
2,500.00) (for municipalities) or an imprisonment for a period not exceeding one (1) year 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.
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MUNICIPALITY OF LIBONA
MUNICIPAL COMPREHENSIVE LAND USE PLAN CY 2010 - 2019
Section 54. Suppletory Effect of Other Laws and Decrees. The provisions of this Ordinance shall be without
prejudice to the application of other laws, presidential decrees, letter of instructions and other
executive or administrative orders vesting national agencies with jurisdiction over specific land
areas, which shall remain in force and effect, provided that land use decisions of the national
agencies concerned shall be consistent with the Comprehensive Land Use Plan of this municipality.
Section 55. Separability Clause. Should any section or provision of this Ordinance be declared by the Courts
to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a
whole or any part thereof other than the part so declared to be unconstitutional or invalid.
Section 56. 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 57. Effectivity Clause. This Ordinance shall take effect after the review by the Sangguniang
Panlalawigan and after its posting in three (3) conspicuous places within the municipality for a
period of three (3) consecutive weeks, whichever comes later.
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I HEREBY CERTIFY that the foregoing resolution and ordinance were considered and
approved by the 11th Sangguniang Bayan (Municipal Council) of Libona, Bukidnon during its 37th
Regular Session held on May 9, 2011.
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MUNICIPALITY OF LIBONA