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Malaya (October 30, 2014)

[ VALENZUELA CITY ORDINANCE NO. 164 SERIES OF 2014, October 20, 2014 ]

SANGGUNIANG PANLUNGSOD
** Excerpts from the minutes of the 56th Regular Session of the 6th City Council of Valenzuela held on October 20, 2014 at 3:12 P.M. at the City Council's Session Hall, 3rd Floor, Legislative Building, Valenzuela City Hall, Karuhatan, Valenzuela City, Metro Manila.

AN ORDINANCE AMENDING ORDINANCE NO. 80, SERIES OF 2010, OTHERWISE KNOWN AS THE VALENZUELA CITY ZONING ORDINANCE, INCORPORATING ADDITIONAL ZONES, EXPANDING THE COVERAGE OF GENERAL INDUSTRIAL ZONE AND FOR OTHER PURPOSES.




Authored by: Councilor ANTONIO R. ESPIRITU,
Councilor ROVIN ANDREW M. FELICIANO, Councilor CORAZON A. CORTEZ,
Councilor MARLON PAULO C. ALEJANDRINO, Councilor JENNIFER PINGREE-ESPLANA,
Councilor LORENA NATIVIDAO-BORJA, Councilor KIMBERLY ANN D.V. GALANG,
Councilor LAILANIE P. NOLASCO, Councilor CRISSHA M. PINEDA,
Councilor KRISTIAN ROME T. SY and Councilor RAMON L. ENCARNACION


Be it ordained and enacted by the Sangguniang Panlungsod of VALENZUELA:

WHEREAS, on June 23, 2010 the Sangguniang Panlungsod of Valenzuela enacted Ordinance No. 80, more commonly known as the Valenzuela City Zoning Ordinance, providing the Comprehensive Land Use Plan for the City;

WHEREAS, under the said Zoning Ordinance proposal for changes, amendments or modification thereto may be made based on the review and recommendation made by the Local Zoning Review Committee;

WHEREAS, on November 21, 2013, the Local Zoning Review Committee was constituted by Executive Order No. 2013-196 issued by the Honorable City Mayor Rexion T. Gatchalian;

WHEREAS, one of the recommendations made by the Local Zoning Review Committee for the effective implementation and strict compliance of the said Ordinance is to prescribe and impose administrative penalty in case of violation and/or non-compliance thereof;

WHEREAS, the City Government of Valenzuela, through its Sangguniang Panlungsod, is empowered to regulate the use of land and/or its improvement and to enact measures prescribing reasonable limitations and restraints on the use of property within its jurisdiction;

WHEREAS, the City Government of Valenzuela in the exercise of the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare as provided under its Charter (Republic Act No. 8526) and of the Local Government Code (Republic Act No. 7160) and in the exercise of its power to create its own sources of revenues and to levy fees and charges for its use and disposition hereby adopt the proposed changes recommended by the Local Zoning Review Committee.

NOW THEREFORE, the Sangguniang Panlungsod of VALENZUELA in a session assembled hereby adopts the following Zoning Ordinance.

Section 1. Section 1 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 1. Title of the Ordinance. This Zoning Ordinance shall be known as the VALENZUELA CITY Zoning Ordinance Revisions and shall hereinafter be referred to as the ZO Revisions.

Section 2. Article III - Definition of Terms of Ordinance No. 80 is hereby amended to incorporate the following additional Definition of Terms, to read as follows:

"57. BASE ZONE - refers to the primary zoning classification of areas within the City that are provided with a list of allowable uses and regulations on building density and bulk, among others.

"58. FLOOD OVERLAY ZONE (FLD-OZ) - an area that has been identified as prone to flooding: and where specific regulations are provided in order to minimize its potential negative effect to developments.

"59. LIQUEFACTION OVERLAY ZONE (LQ-OZ) - an area that has been identified as prone to liquefaction and where specific regulations are provided in order to minimize its potential negative effect to developments.

"60. OVERLAY ZONES (OZ) - a "transparent zone" that is overlain on top of the Basic Zone or another Overlay Zone that provides an additional set (or layer) of regulations. These additional layers of regulations may pertain to additionally allowable uses, building density and bulk and building/ structure design that are deemed necessary to achieve the objectives for the Overlay Zone.


Section 3. Section 5 of Ordinance No. 80, Series of 2010 Is hereby amended to read as follows:

Section 5 Division into Zones. The City of VALENZUELA is hereby divided into the following zones, namely, Residential - 2 (Basic), Residential - 2 (Maximum), Residential - 3 (Maximum), Residential 5, Socialized Housing, Commercial - 1, Commercial - 2, Commercial -3, General Industrial, General Institutional, Cultural, Fishpond, Utilities, Cemetery and Special Development.

The above divisions are for the purposes of the following:
  1. implementing the VALENZUELA CLUP;
  2. defining specific areas of the City of VALENZUELA, each requiring different standards of development to meet different circumstances present within the zone; and
  3. serving the purposes and intent of the ZO as outlined in Article II.
Section 4. Section 7 of Ordinance No. 80, Series of 2010 is hereby amended to incorporate the following additional zones to read as follows:

"17. SPECIAL DEVELOPMENT ZONE

"This is a zone that may be developed either as Parks/ Open Space, Cemetery or Socialized Housing as determined by the City Government."

"18. FLOOD OVERLAY ZONE.

'This is an Overlay Zone covering areas that have been determined as flood-prone.

"19. LIQUEFACTION OVERLAY ZONE.

"This is an Overlay Zone covering areas that have been determined as prone to liquefaction."

'Section 5. Section 8 (Zoning Map) of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

  "Section 8.
Zoning Mao. It is hereby adopted as an integral part of the ZO, the Official Amended Zoning Map of the City, duly signed by the Mayor. The designation, location and boundaries of the Base Zones herein established are shown and indicated in the said Official Zoning Map (Figure 1). The designation, location and boundaries of the Overlay Zones are attached as Figure 2 Flood Overlay Zone and Figure 3 Liquefaction Overlay Zone.
Section 6. Section 9 of Ordinance No, 80, Series of 2010 is hereby amended to read as follows:

  "Section 9.
Zone Boundaries. The locations and boundaries of the above mentioned zones into which the City has been subdivided are presented, in the attached Official Amended Zoning Map and in the map of Overlay Zones.
   
   
The zone boundaries for Commercial 2 is reckoned to be one lot deep along MH del Pilar St., T. Santiago to Sapang Bakaw - Kabesang Porong- Ibaba -Bignay- Gitna - Hulo Road (Lawang Bato-Punturin Road), Maysan Road, Bagbaguin Rd., Gen. T. de Leon St, SulokRd.
   
   
The zone boundaries for Commercial 3 are reckoned to be:
   
   
-
One lot deep along McArthur Highway from Marulas until the junction of Gen. T. De Leon Rd.
   
-
One lot deep along McArthur Highway from railroad crossing in Malinta and junction of Malinta-Maysan Rd. to Malanday
   
-
One lot deep along Mindanao Avenue Extension.

Section 7.
Section 10 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 10. Interpretation of the Zone Boundary. In the interpretation of the boundaries for any of the zones indicated on the Official Amended Zoning Map, the following rules shall apply:
  1. Where zone boundaries are so indicated that they approximately follow the center of streets or highway, the street or highway right-of-way lines shall be construed to be the boundaries.

  2. Where zone boundaries are so indicated that they approximately follow barangay boundary lines, the delineation shall be based on those indicated on the amended zoning maps.

  3. Where zone boundaries are so indicated that they are approximately parallel to the centerlines or right-of-way lines of streets and highways, such zone boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated in the Official Amended Zoning Map. If no distance is given, such dimension shall be determined by the use of the scale shown in said zoning map.

  4. Where the boundary of a zone follows a stream, lake or other bodies of water, said boundary line should be deemed to be at the limit of the political jurisdiction of the community unless otherwise indicated.   Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shorelines, shall be construed as moving with the actual shorelines. Boundaries following bodies of water shall be subject to public easement requirements as provided in the Water Code, in the provisions of this ordinance and with other applicable regulations.

  5. Where a zone boundary line divides a lot, the lot shall be construed to be within the zone where its major portion is located.  In case the boundary line bisects the lot, it shall fall in the zone where the principal structure falls.

  6. Where zone boundaries are said to be as indicated in the Official Amended Zoning Map, the location of the parcel in consideration shall be determined by overlapping the cadastral map to the former.
Section 8. Section 19 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 19. Subdivision Projects. All owners and developers of subdivision projects shall be required, in addition to securing a Locational Clearance as provided by this ZO, to secure a Development Permit pursuant to the provisions of PD 957 and its Implementing Rules and Regulations or BP 220 and its Implementing Rules and Regulations in the case of Socialized Housing Projects in accordance with the procedures laid down in EO 71, Series of 1993.

Further, proposed subdivision projects shall prepare their respective Deed Restrictions that shall include, among others, regulations pertaining to allowable uses within their project sites. The list of allowable uses within subdivisions shall be within the list of allowable uses within the zone to which it belongs. Compliance with the provisions of Deed Restrictions shall form part of the requirements for Locational Clearance.

Existing subdivisions, if without Deed Restrictions with a list of allowable uses, shall prepare the same within six months from the passage of this ZO, for the approval of the Zoning Administrator.

Moreover, socialized housing projects are required to provide and deliver completely asphalted/ concreted roads, as well as drainage, power, potable water, fire fighting and other utilities.


Section 9. Section 20 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

Section 20. Easement. The following easements shall be observed:
  1. Pursuant to the provisions of the Water Code, the following easements of public use in the interest of recreation, navigation, floatage, fishing and salvage shall be observed throughout the entire lengths of the banks of rivers and streams and the shores of seas and lakes, as applicable: three meters in urban areas, 20 meters in agricultural areas and 40 meters in forest areas.

    Per Section 31 Determination of Easements of the Water Code's Implementing Rules and Regulations (as amended), "all easements for public use prescribed for the banks of rivers and the shores of seas and lakes shall be reckoned from the line reached by the highest flood which does not cause inundation or the highest equinoctial tide whichever is higher."

    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.

  2. Mandatory five-meter easement on both sides of earthquake fault traces on the ground identified by PHIVOLCS.

  3. As required by the City Government, road widening and road construction program illustrated in Figure 5 as well as other projects that may later on be identified.
Section 10. Section 24 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 24. Buffer Yards. Building setbacks or yards shall be considered as buffer yards. Aside from providing light and ventilation, buffers can mitigate adverse impacts and nuisances between two adjacent developments. Whenever necessary, buffers shall be required to be extended and/or provided with planting materials in order to ameliorate said negative conditions such as, but not limited to, noise, odor, unsightly buildings or danger from fires and explosions. A buffer may also contain a barrier, such as a beam or a fence, where such additional screening is necessary to achieve the desired level of buffering between various activities.
  1. Buffers Between Adjoining Properties. Between two different developments, e.g. Residential -2 and Commercial - 3, the more intense land use shall provide the proper buffer design and materials. If a development shall occur beside a vacant lot, the owners of the properties in consideration may submit a contractual agreement whereby the required buffer for the first area to develop shall be reduced or waived. If additional buffer will be required at the time the vacant lot develops, it shall be provided by the latter development.

    The hierarchy of land use intensities, from most to least intensive, is provided below:

    • Waste Disposal
    • General Industrial
    • Utilities
    • Cemetery
    • Commercial- 3
    • Commercial – 2
    • Commercial -1
    • Residential - 5
    • Maximum Residential - 3
    • Cultural
    • General Institutional
    • Fishpond
    • Parks and Recreation
    • Socialized Housing
    • Maximum Residential- 2
    • Basic Residential - 2

  2. Buffers on Simultaneous Developments. The more intense use shall provide the necessary buffer in cases when two developments occur simultaneously.

  3. Location of Buffers.  The building setbacks or yards shall serve as buffer locations, at the outer perimeter of a lot or parcel. In no case shall buffers occupy public or private street rights-of-way.

  4. Types of Buffers. Open spaces, landscaped buffers with suitable foliage are encouraged. On developments where it may not be possible to put in open-space, landscaped buffers (such as narrow lots), the developer may put up a firewall that is compliant with the requirements of the National Building Code.

  5. Land Uses in Buffer Areas. Buffers are part of yards and open spaces and in no case shall buildings encroach upon it. It may, however, be used for passive recreation such as gardening, pedestrian trails, etc.

    If a developer chooses to provide an open-space landscaped buffer in a General Industrial Use facility, the setback from the outer face of the building wall to the property line shall not be less than three meters.
Section 11. Section 25 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 25. Environmental Conservation and Protection Standards. It is the intent of the ZO to protect the natural resources of the City. In order to achieve this objective, all developments shall comply with the following regulations:
  1. Views shall be preserved for public enjoyment especially in sites with high scenic quality by closely considering building orientation, height, bulk, fencing and landscaping.

  2. The installation of deep wells shall not be allowed.  All potable water requirements shall be sourced from the water concessionaire.

    Heavy-water using facilities such as golf courses, inland water-based resorts, shopping malls, soft drink bottling plants and the like are required to submit a Water Management Plan that ensures that their neighboring areas are not adversely affected by the rate and volume of their requirements from the water concessionaire Further, the Water Management Plan shall provide for the sustainable use of water such as controlled discharge to prevent undue flooding in nearby properties, re-use of water, and other environment-friendly technologies. "

  3. Land use activities shall not cause the alteration of natural drainage patterns or change the velocities, volumes, and physical, chemical, and biological characteristics of storm water. Streams, watercourses, wetlands, lakes or ponds shall not be altered, re-graded, developed, piped, diverted or built upon;

  4. All developments shall limit the rate of storm water runoff so that the rate of runoff generated is no more than that of the site in its natural condition;

  5. All developments shall undertake the protection of rivers, streams, lakes and ponds from sedimentation and erosion damage;

  6. The internal drainage systems of developments shall be so designed as not to increase turbidity, sediment yield, or cause the discharge of any harmful substances that will degrade the quality of water.  Water quality shall be maintained according to DENR DAO No. 34 - Revised Water Usage and Classification/Ambient Water Quality Criteria;

  7. Municipal and industrial wastewater effluents shall not discharge into surface and groundwater unless it is scientifically proven that such discharges will not cause the deterioration of the water quality.   Effluents shall be maintained according to DENR DAO No. 35 - 91 - Establishing Effluent Quality Standards for Class "C" Inland Waters;

  8. Floodplains shall not be altered, filled and/or built upon without proper drainage design and without proper consideration of possible inundation effects on nearby properties;

  9. All developments, particularly those in sloping areas, shall undertake adequate and appropriate slope and erosion protection as well as soil conservation measures;

  10. Facilities and operations that cause the emission of dust, dirt, fly ash, smoke, gas or any other air polluting material that may have deleterious effects on health or cause the impairment of visibility are not permitted. Such facilities should have appropriate pollution control devices. Air quality at the point of emission shall be maintained at specified levels according to DENR DAO No. 14 - Revised Air Quality Standards of 1992.; and

  11. Appropriate stabilization measures shall be provided for buildings/structures that are near areas prone to soil subsidence."
Section 12. Section 28 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 28. Site Performance Standards. The City considers it in the public interest that all projects are designed and developed in a safe, efficient and aesthetically pleasing manner. Site development shall consider the environmental character and limitations of the site and its adjacent properties. All project elements shall be in complete harmony according to good design principles and the subsequent development must be visually pleasing as well as efficiently functioning especially in relation to the adjacent properties and bordering streets.

The quality of every neighborhood shall always be enhanced. The design, construction, operation and maintenance of every facility shall be in harmony with the existing and intended character of its neighborhood. It shall not change the essential character of the said area but will be a substantial improvement to the value of the properties in the neighborhood in particular and the community in general.

Further, designs should consider the following:
  1. Sites, buildings and facilities shall be designed and developed with regard to safety, efficiency and high standards of design. The natural environmental character of the site and its adjacent properties shall be considered in the development of each building and facility.

  2. The height and bulk of buildings and structures shall be so designed that it does not impair the entry of light and ventilation, cause the loss of privacy and/or create nuisances, hazards or inconveniences to adjacent developments.

  3. Abutments to adjacent properties shall not be allowed without the neighbor's prior written consent which shall be required by the Zoning Administrator prior to the granting of a Locational Clearance;

  4. The capacity of parking areas/lots shall be per the minimum requirements of the National Building Code.  These shall be located, developed and landscaped in order to enhance the aesthetic quality of the facility.  For parking lots having at least 20 car parking slots, the minimum height of trees at the time of securing an Occupancy Permit shall be 1.80 meters from the base to the crown.

    In no case shall parking areas/lots encroach into street rights-of-way.

  5. Developments that have lot areas of two hectares or more and/or which attract a significant volume of public modes of transportation, such as tricycles, PUJs, buses, etc., shall provide on-site parking for the same. These should also provide vehicular loading and unloading bays so as through street traffic flow will not be impeded.

  6. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to all noise and vibration-producing machinery. Noise levels shall be maintained according to levels specified in DENR DAO No. 30 -Abatement of Noise and Other Forms of Nuisance as Defined by Law.

  7. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond the limits of the property.

  8. For all land uses except General Industrial, fencing along roads shall be see-through and have a maximum height of 1.80 meters from the finish sidewalk elevation along the property line. The base of such fences shall be made of concrete, hollow blocks, rock or any opaque material and shall have a height of no greater than 1.00 meter from the finish sidewalk elevation along the property line. Side and rear fencing between adjacent lots (not facing a road) shall have a maximum height of 1.80 meters and may be of opaque material.

  9. For General Industrial Uses, fencing along roads shall be see-through and have a maximum height of 4.00 meters from the finish sidewalk elevation along the property line. The base of such fences shall be made of concrete, hollow blocks, rock or any opaque material and shall have a height of no greater than 1.00 meter from the finish sidewalk elevation along the property line.  Side and rear fencing between adjacent lots (not facing a road) shall also have a maximum height of 4.00 meters and may be of opaque material.

  10. Basement and upper level parking are encouraged.  Parking buildings may also be built provided that these are designed to appear as regular buildings.

  11. Gates of industrial developments that are used for the entrance/ exit of trucks shall be setback by at least three meters from the edge of the road right-of-way line bordering such development.
Section 13. Section 37 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 37. Commercial -1 Zone Guidelines

  Allowed Exclusive Uses
     
  Office like:
    - Office building
    - Office condominium
  General retail stores and shops like:
    - Department store
    - Bookstore and office supply shop
    - Home appliance store
    - Car shop
    - Photo shop
    - Flower shop
  Flower shop Food market and shops like:
    - Bakery and bakeshop
    - Wine store
    - Grocery
    - Supermarket
  Personal service shops like:
    - Beauty parlor
    - Barbershop
    - Spa
    - Dressmaking and tailoring shop
  Recreational center/ establishments like
    - Moviehouse/theatre
    - Playcourt e.g. tennis court, bowling lane, billiard hall
    - Swimming pool
    - Gymnasium
    - Day and night club
    - Stadium, coliseum, gymnasium
    - Other sports and recreational establishment
  Restaurant and other eateries
  Short term special education like:
    - Dancing schools
    - Schools for self-defense
    - Driving school
    - Speech clinics
 
Commercial - Residential condominium (with residential units in upper floors; at least 60% of leasable or saleable floor area allotted for commercial purposes)
  Commercial housing like
    - Hotel
    - Apartment
    - Apartelle
    - Boarding house
    - Dormitory
    - Pension house
    - Club house
  Embassy/ consulate
  Library/ museum
  Clinic
  Vocational/ technical school
  Convention center and related facilities
  Messengerial services
  Security agency
  Janitorial services
  Bank and other financial institution
  Radio and television station
  Building garage
  Commercial job printing
  Typing and photo engraving services
  Repair of optical instrument and equipment and cameras
  Repair of clocks and watches
  Manufacture of insignia, badges and similar emblems except metal
  Transportation terminal/ garage
  Plant nurseries
  Scientific, cultural and academic centers and research facilities except nuclear, radioactive, chemical and biological warfare facilities
  Internet Shops
 
Parks and recreation uses such as parks/ gardens, open-air or outdoor sports activities and support facilities including low-rise stadia, gyms, amphitheaters and swimming pools
  Customary accessory uses incidental to any of the above uses such as:
    - Staff houses/quarters
    - Building garage
    - Storerooms and warehouses but only as may be necessary for the efficient conduct of the business
    - Pump houses
    - Generator houses.
     
  Building Height Limit
     
  Five storeys or 15 meters

Section 14.
Section 39 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 39. Commercial -3 Zone Guidelines
Allowed Exclusive Uses • All uses allowed in C-1 "and C-2" Zones"
• Regional shopping malls
• Commercial parking lots and garages
•Shopping malls/ centers
•Sports complexes

Building Height Limit

60 storeys or 180 meters
Section 15. Section 40 of Ordinance No. 80, Series of 2010 Is hereby amended to read as follows:

"Section 40. General Industrial Zone Guidelines
  Allowed Dominant Uses
     
  1. Medium Industrial Uses
  Pollutive/Non-Hazardous Industries
    - Manufacturing and canning of ham, bacon and native sausage
    - Poultry processing and canning
    - Large-scale manufacturing of ice cream
    - Corn mill/ rice mill
    - Chocolate and cocoa factory
    - Candy factory
    - Chewing gum factory
    - Peanuts and other nuts factory
    - Other chocolate and confectionery products
    - Manufacturing of flavoring extracts
    - Manufacture of food products n.e.c. (vinegar, vetsin)
    - Manufacture of fish meal
    - Oyster shell grading
    - Manufacture of medicinal and pharmaceutical preparations
    - Manufacture of stationery, art goods, cut stone and marble products
    - Manufacture of abrasive products
    - Manufacture of miscellaneous non-metallic mineral products n.e.c.
    - Manufacture of cutlery, except table flatware
    - Manufacture of hand tools Manufacture of general hardware
    - Manufacture of miscellaneous cutlery hand tools and general hardware n.e.c.
    - Manufacture of household metal furniture
    - Manufacture of office, store and restaurant metal furniture
    - Manufacture of metal blinds, screens and shades
    - Manufacture of miscellaneous furniture and fixture primarily of metal n.e.c.
    - Manufacture of fabricated structural iron and steel
    - Manufacture of architectural and ornamental metal works
    - Manufacture of boilers, tanks and other structural sheet metal works
    - Manufacture of other structural products n.e.c.
    - Manufacture of metal cans, boxes and containers
    - Manufacture of stamped coated and engraved metal products
    - Manufacture of fabricated wire and cable products
    - Manufacture of heating, cooking and lighting equipment except electrical
    - Sheet metal works generally manual operation
    - Manufacture of other fabricated metal products except machinery and equipment n.e.c.
    - Manufacture or assembly of agricultural machinery and equipment
    - Native plow and harrow factory
    - Repair of agricultural machinery
    - Manufacture or assembly of service industry machines
    - Manufacture or assembly of elevators and escalators
    - Manufacture or assembly of sewing machines
    - Manufacture or assembly of cooking ranges
    - Manufacture or assembly of water pumps Refrigeration industry
    - Manufacture or assembly of other machinery and equipment except electrical n.e.c.
    - Manufacture or assembly of electrical apparatus Manufacture or assembly of electrical cables and wires
    - Manufacture of other electrical industrial machinery and apparatus n.e.c.
    - Manufacture or assembly of electric equipment- radio, television, tape recorder, stereo
    - Manufacture or assembly of radio and television transmitting, signaling and detection equipment
    - Manufacture or assembly of telephone and telegraphic equipment
    - Manufacture of other electronic equipment and apparatus n.e.c.
    - Manufacture of industrial and commercial electrical appliances
    - Manufacture of household cooking, heating and laundry appliances
    - Manufacture of other electrical appliances n.e.c.
    - Manufacture of electric lamp fixtures
    - Warehouse/ Storage Facility for pollutive/ non-hazardous industries"
  Pollutive/ Hazardous Industries
    - Flour mill
    - Cassava flour mill
    - Manufacture of coffee
    - Manufacturing of unprepared animal feeds, other grain milling n.e.c.
    - Production prepared feeds for animals
    - Cigar and cigarette factory
    - Curing and redrying tobacco leaves
    - Miscellaneous processing tobacco leaves n.e.c.
    - Weaving hemp textile
    - Jute spinning and weaving
    - Miscellaneous spinning and weaving mills n.e.c.
    - Hosiery mill
    - Underwear and outwear knitting mills
    - Fabric knitting mills
    - Miscellaneous knitting mills n.e.c.
    - Manufacture of mats and mattings
    - Manufacture of carpets and rugs
    - Manufacture of cordage, rope and twine
    - Manufacture of related products from abaca, sisal, henequen, hemp, cotton, paper, etc.
    - Manufacture of linoleum and other surface coverings
    - Manufacture of artificial leather, oil cloth and other fabrics except rubberized
    - Manufacture of coir
    - Manufacture of miscellaneous textile n.e.c.
    - Manufacture of rough lumber, unworked
    - Manufacture of worked lumber
    - Re-sawmills
    - Manufacture of veneer, plywood and hardwood
    - Manufacture of doors, windows and sashes
    - Treating and preserving of wood
    - Manufacture of charcoal
    - Manufacture of wood and cane blinds, screens and shades
    - Manufacture of containers and boxes of paper and paper boards
    - Manufacture of miscellaneous pulp and paper products n.e.c.
    - Manufacture of perfumes, cosmetics and other toilet preparations
    - Manufacture of waxes and polishing preparations
    - Manufacture of candles
    - Manufacture of inks
    - Manufacture of miscellaneous chemical products n.e.c.
    - Tire retreating and rebuilding
    - Manufacture of rubber shoes and slippers
    - Manufacture of industrial and molded rubber products
    - Manufacture of plastic footwear
    - Manufacture of plastic furniture
    - Manufacture of other fabricated plastic products n. a. c.
    - Manufacture of table and kitchen articles
    - Manufacture of pottery, china and earthen ware n.e.c.
    - Manufacture of flat glass
    - Manufacture of glass containers
    - Manufacture of miscellaneous glass and glass products n.e.c.
    - Manufacture of clay bricks, clay tiles and hollow clay tiles
    - Manufacture of miscellaneous structural clay products n.e.c
    - Manufacture of structural concrete products
    - Manufacture of asbestos products
    - Manufacture of engines and turbines except motor vehicles, marine and aircraft
    - Manufacture of metal cutting, shaving and finishing machinery
    - Manufacture of wood working machinery
    - Manufacture, assembly, rebuilding, repairing of food and beverage making machinery
    - Manufacture, assembly, rebuilding, repairing of textile machinery and equipment
    - Manufacture, assembly, rebuilding, repairing of paper industry machinery
    - Manufacture, assembly, rebuilding, repairing of trade machinery and equipment
    - Manufacture of rice mills
    - Manufacture of machines for leather and leather products
    - Manufacture of construction machinery
    - Manufacture of machines for clay, stove and glass industries
    -
Manufacture, assembly, repair and rebuilding of miscellaneous special industrial machinery and equipment n.e.c.
    - Manufacture of dry cells, storage battery and other batteries
    - Boat building and repairing
    - Ship repairing industry, dock yards, dry dock, shipways
    - Miscellaneous shipbuilding and repairing n.e.c.
    - Manufacture of locomotives and parts
    - Manufacture of railroad and street cars
    - Manufacture or assembly of automobiles, cars, buses, trucks and trailers
    - Manufacture of wood furniture including upholstered
    - Manufacture of rattan furniture including upholstered
    - Manufacture of box beds and mattresses
    - Warehouse/ Storage Facility for pollutive/ hazardous industries"
  2. Heavy Industrial Uses
  Highly Pollutive/ Non-Hazardous Industries
    - Meat processing, curing, preserving except processing of ham, bacon, sausage and chicharon
    - Milk processing plants (manufacturing filled, reconstituted, or recombined milk, condensed or evaporated)
    - Butter and cheese processing plants
    - Natural fluid milk processing (pasteurizing, homogenizing, vitaminizing, bottling of natural animal milk and cream-related products)
    - Other dairy products n.e.c.
    - Canning and preserving of fruits and fruit juices
    - Canning and preserving of vegetables and vegetable juices
    - Canning and preserving of vegetable sauces
    - Miscellaneous canning and preserving of fruits and vegetables n.e.c.
    - Fish canning
    - Patis factory
    - Bagoong factory
    - Processing, preserving and canning of fish and other seafoods n.e.c.
    - Manufacture of desiccated coconut
    - Manufacture of starch and its products
    - Manufacture of wines from juices of local fruits
    - Manufacture of malt and malt liquors
    - Manufacture of soft drinks carbonated water
    - Manufacture of instant beverages and syrups
    - Other non-alcoholic beverages n.e.c.
    - Other slaughtering, preparing and preserving meat products n.e.c.
    - Warehouse/ Storage facility for highly pollutive/ non-hazardous Industries"
  Highly Pollutive/ Hazardous Industries
    - Vegetable oil mills, including coconut oil
    - Manufacture of refined cooking oil and margarine
    - Manufacture of fish, marine and other animal oils
    - Manufacture of vegetable and animal oils and fats n. e. c.
    - Sugar cane milling (centrifugal and refined)
    - Sugar refining
    - Muscovado sugar mill
    - Distilled, rectified and blended liquors n.e.c.
    - Cotton textile mill
    - Ramie textile mill
    - Rayon and other man-made fiber textile mill
    - Bleaching and drying mills
    - Manufacture of narrow fabrics
    - Tanneries and leather finishing plants
    - Pulp mill
    - Paper and paperboard mills
    - Manufacture of fiberboard
    - Manufacture of inorganic salts and compounds
    - Manufacture of hydraulic cement
    - Manufacture of lime and lime kilns
    - Manufacture of plaster
    - Products of blast furnaces, steel works and rolling mills
    - Products of iron and steel foundries
    - Manufacture of smelted and refined non-ferrous metals
    - Manufacture of rolled, drawn or astruded non-ferrous metals
    - Manufacture of non-ferrous foundry products
    - Oil depot/ terminal (greater than 7.950 kilo-liters
    - Warehouse/ Storage facility for highly pollutive/ hazardous industries"
  Allowed Secondary Uses
     
  All Dominant Uses allowed in R-2 (Maximum) Zone
  All Secondary Uses allowed in R-2 (Basic) Zone
  All Dominant Used allowed in C-1 Zone"
     
  Building Height Limit
     
  27 meters per the National Building Code
Section 16. Section 47 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:
"Section 47. Special Development Zone Guidelines"

Allowed Exclusive Uses

Allowed exclusive uses shall be as determined by the City Government:

• Parks/ Open Space
• Cemetery
• Socialized Housing

Building Height Limit

Five storeys or 15 meters
Section 17. A new section is hereby incorporated to provide guidelines to new zones provided in this Ordinance to read as follows:

  "Section 47-A Flood Overlay Zone Guidelines
   
  Objective
 
FLD-OZ regulations are applied in areas that have been determined as Hood-prone. The objective of the Flood Overlay Zone is to protect lives and properties from the harmful effects of flood.
     
    Allowable Uses
     
 

Allowable uses shall be as provided in the respective Base Zone subject to the following additional regulations.

     
    Building/ Structure Design Regulations
     
  Buildings may be made flood proof through any or combination of the following means:
     
 
º
Raising the lowest floor line at or above the Flood Protection Elevation (FPE) as determined by the City's Flood Control Division (FCD) either through fill or by using stilts;
 
º
Limitations on uses of spaces below flood protection elevation such as parking, access or limited storage only;
 
º
Providing roof decks that can be used for evacuation purposes;
 
º
Wet and dry flood proofing measures such as backflow valves, waterproofing for doors and windows, elevated electric circuits, etc. (see image)
 
º
Natural drainage patterns should not be altered; and
 
º
Use sustainable urban drainage systems (SUDS) to include rainwater storage tanks, green roofs, permeable surfaces, etc, that can decrease the flow and make productive use of storm water run-off, (provide images)
     
  Buildings/ structures with lowest floor lines above the FPE shall be allowed increased Building Heights equivalent to the height of the FPE.
     
    "Section 47-B Liquefaction Overlay Zone Guidelines Objective
     
 

LQ-OZ regulations are applied in areas that have been determined as flood-prone. The objective of the Liquefaction Overlay Zone is to ensure that developments are provided with appropriate designs to prevent the possible damage to lives and properties that may occur due to incidents of liquefaction

     
    Allowable Uses
     
       Applications for development on properties within the LQ-OZ shall be required to secure a certification from the Mines and Geo-sciences Bureau regarding soil and related conditions.
  Allowable uses shall be as provided in the respective Base Zone subject to the following additional regulations.
     
    Building/ Structure Design Regulations
     
 
To the extent possible, areas within properties that are within the LQ-OZ shall be kept open and/ or made part of yards and setbacks.
 
Regardless of height/ number of storeys, all applications shall be required to conduct re-testing to verify soil suitability;
 
Buildings/ structures shall be provided with appropriate engineering design, subject to the review and approval of the City's Building Official."

Section 18.
Anew section is hereby incorporated to provide additional requirement for property/ies adjacent to waterways or have waterways within their property/ies, to read as follows:

"Section 50-A Waterways Clearance. All applicants for Locational Clearance whose property/ies is/are adjacent to waterways or have waterways within their property/ies shall first secure a Waterways Clearance from the City's Flood Control Division. The Waterways Clearance shall form part of the requirements for Locational Clearance."

Section 19. Section 51 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 51. Ground Preparation and Building Permit. The Local Building Official shall not issue a Ground Preparation and/ or Building Permit without a valid Locational Clearance issued in accordance with the ZO."

Section 20. Section 52 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 52. Business Permit. The Business Permits and Licensing Office shall not issue a Business Permit unless a valid Locational Clearance has been issued, except in special cases as justified by exigencies and public service when conditional Business Permits may be issued."

Section 21. Section 53 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 53. Real Estate Tax on idle Land. The assessed value of idle lands, for purposes of real estate taxation, shall remain the same and shall not be affected by the zoning classification provided in this Zoning Ordinance.

Section 22. Section 54 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 54. Non-User of Locational Clearance. Upon issuance of a Locational Clearance, the grantee thereof shall have one year within which to commence or undertake the use, activity or development covered by such clearance on his/her property.

Non-use of said clearance within the said period shall result in its automatic cancellation and the grantee shall not proceed with his/her project without applying for a new Locational Clearance.

Section 23. Section 55 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 55. Issuance of Zoning Classification/ Certification." An applicant may request from the Office of the Zoning Administrator the status of their land/property in relation to the ZO. Such document shall not be used as a Locational Clearance but as reference only for planning and may be amended by the Local Zoning Review Committee without any prior notice from the owner or applicant as the need arises based on the reasons/situations stated herein.

Section 24. Section 56 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 56. Notice of Non-Conformance. Within 60 days from the effectivity of this Ordinance, the Zoning Administrator shall inventory all lands and issue Notices of Non-Conformance to owners of existing non-conforming uses.

Section 25. Section 57 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 57. Existing Non-Conforming Uses and Buildings. The lawful uses of any building, structure or land at the time of amendment of the ZO may be continued, although such uses do not conform with the provision of the ZO, provided:
  1. That such non-conforming use shall be allowed to expand only within the lot where the building has been built upon.

  2. That no such non-conforming use which has ceased operation for more than one year be again revived as non-conforming use;

  3. An idle/vacant structure may not be used for non-conforming activity;

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

  5. That should such non-conforming portion of structure be destroyed by any means to an extent of more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the ZO;

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

  7. 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; and

  8. That such non-conforming use and/ or structure should not cause nuisance (effects to its neighborhood, such as but not limited to pollution of whatever form (air, noise, land, water, etc.), undesirable traffic (whether vehicular or pedestrian) and the like and should further not pose health and safety hazards.
Section 26. Section 63 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 63. Composition of the Local Zoning Board of Adjustment and Aooeals (LZBAA). The Local Zoning Board of Adjustment and Appeals shall be composed of the following members:
  1. City Mayor, or his designated representative, as Chairman,"
  2. City Legal Officer;
  3. City Assessor;
  4. City Engineer;
  5. City Planning and Development Coordinator
  6. One representative from the private sector nominated by their respective organizations and confirmed by the City Mayor.  In the event of non-availability of any of the officials enumerated above, the Sangguniang Panlungsod shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives; and
  7. One representative from non-government organizations nominated by their respective organizations and confirmed by the City Mayor. In the event of non-availability of any of the officials enumerated above, the Sangguniang Panlungsod shall elect the number of its members as may be necessary to meet the total number above set forth, as representatives.

    For purposes of policy co-ordination, the LZBAA shall be attached to the City Development Council.

    The City Planning and Development Office shall serve as the Secretariat to the LZBAA.
Section 27. Section 64 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 64. Review of the Zoning Ordinance.There is hereby created a Local.  Zoning Review Committee (LZRC) that shall review the ZO considering the CLUP, and as the need arises, based on the following reasons/situations:"
  1. Change in local development plans;
  2. Introduction of projects of national significance;
  3. Petition for rezoning; and
  4. Other reasons which are appropriate for consideration.
Section 28. Section 65 of Ordinance No. 80, Series of 2010 is hereby amended I to read as follows:

"Section 65. 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.:
  1. City Administrator
  2. City Legal Officer
  3. City Planning and Development Coordinator
  4. City Health Officer
  5. City Agriculturist
  6. President, Association of Barangay Captains
  7. City Engineer
  8. Community Environment and Natural Resources Officer (CENRO)
  9. Disaster Preparedness Office
  10. Flood Control Division”
  11. District School Supervisor
  12. Three Private Sector Representatives (Local Chamber of Commerce, Housing Industry and Homeowner's Association)
  13. Two NGO Representatives
For purposes of policy and program co-ordination, the LZRC shall be attached to the City Development Council.

Section 29. Section 68 of Ordinance No. 80, Series of 2010 is hereby amended to read as follows:

"Section 68. Criminal Prosecution. Any natural or juridical person who violates any of the provisions of this Ordinance, shall, upon conviction, by the Court shall be punished by an imprisonment for a period not exceeding six months and/or a fine not exceeding P5,000.00 and a closure order in both cases 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.

The Wing of a criminal case shall be without prejudice to the provision of Ordinance No. 148, Series of 2014, imposing administrative penalties in case of violation of Ordinance No. 80, Series of 2010 and this Ordinance.


Section 30. Section 69 of Ordinance No. 80, Series of 2010 is hereby amended

"Section 69. Suppletory Application of Other Laws and Decrees." The provisions of the ZO shall be without prejudice to the application of other laws, presidential decrees, letters of instruction 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 CLUP.

Section 31. Ordinance No. 148, Series of 2014 is hereby incorporated and considered as part of this amendatory Ordinance.

Section 32. Implementing Rules and Regulations - The Local Zoning Board of Adjustments and Appeals shall prepare the necessary Implementing Rules and Regulations for the effective and efficient implementation of this Ordinance.

Section 33. Repealing Clause - Ail Ordinances, rules or regulations in conflict with the provisions of this Ordinance are hereby repealed.

Section 34. Separability Clause - In the event that any part or provision of this Ordinance shall be held invalid, the other parts or provisions hereto which are not affected thereby shall continue to be in full force and effect.

Section 35. Effectivity - This ordinance shall take effect within fifteen (15) days after publication in newspaper of general circulation.

ENACTED.
OCTOBER 20, 2014.
VALENZUELA CITY, METROPOLITAN MANILA.


(Sgd.) HON. ANTONIO R. ESPIRITU
Councilor
Majority Floor Leader
(Sgd.) HON. ROSALIE ESTEBAN-CAYCO
Councilor
Minority Floor Leader
   
   
HON. MARCELINO G. MORELOS
Councilor
Asst. Minority Floor Leader
(Sgd.) HON. LORENA NATIVIDAD-BORJA
Councilor
   
   
(Sgd.) HON. ROVIN ANDREW M. FELICIANO
Councilor
(Sgd.) HON. LAILANIE P. NOLASCO
Councilor
   
   
(Sgd.) HON. CORAZON A. CORTEZ
Councilor
(Sgd.) HON. KIMBERLY ANN D.V. GALANG
Councilor
   
   
(Sgd.) HON. MARLON PAULO C. ALEJANDRINO
Councilor
(Sgd.) HON. CRISSHA M. PINEDA
Councilor
   
   
(Sgd.) HON. JENNIFER PINGREE-ESPLANA
Councilor
(Sgd.) HON. KRISTIAN ROME T. SY
Councilor
   
   
(Sgd.) HON. RAMON L. ENCARNACION
Councilor
(President, League of Barangays)
 
 
ATTESTED:
 
 
  (Sgd.) FLAVIO C. DIAZ
Secretary
 
CERTIFIED CORRECT:
 
 
(Sgd.) HON. ERIC M. MARTINEZ
Presiding Officer
City Vice Mayor
 
 
APPROVED:
 
 
(Sgd.) HON. REXLON T. GATCHALIAN
City Mayor
Date Signed: ___________________
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