REPUBLIC OF THE PHILIPPINES Province of Pampanga Municipality of San Simon Office of the Sangguniang Bayan PROPOSED MUNICIPAL ORDINANCE NO. ________ Series of 2014 AN ORDINANCE PRESCRIBING THE COMPREHENSIVE LAND USE AND ZONING OF THE MUNICIPALITY OF SAN SIMON PURSUANT TO THE LOCAL GOVERNMENT CODE OF 1991 AND OTHER PERTINENT LAWS. WHEREAS, Rule VII, Article 41 of the Implementing Rules and Regulations (IRR) of Republic Act 7160 or otherwise known as the Local Government Code of 1991 (LGC) provides that Local Government Units (LGUs) shall in conformity with existing laws continue to prepare their respective comprehensive land use plans enacted through a zoning ordinance which shall be the primary and dominant basis for future use of land resources; WHEREAS, the Local Government Code further provides that the requirements for food production, human settlements, and industrial expansion shall be taken into consideration in the preparation of the comprehensive land use plan; WHEREAS, as a policy recommending body of the Local Government Unit, the Local Development Council initiated the formulation and updating of the land use plan, in consultation with the concerned sectors in the municipality which was submitted to the Sangguniang Bayan for enactment into a zoning ordinance as provided for by Executive Order No. 72, Section 1 (a); NOW THEREFORE: BE IT ORDAINED, by the Sangguniang Bayan assembled that: Section 1. This Ordinance shall be known as the San Simon Comprehensive Land Use Plan and Zoning. Section 2. AUTHORITY. This Ordinance is enacted pursuant to the provisions of the Local Government Code of 1991 (RA 7160), Rule VII, Article 41 of its Implementing Rules and Regulations and the Executive Order No. 72 of the President of the Philippines. Section 3. PURPOSE. This Ordinance is enacted to achieve the following purpose: a. To promote and protect public health, safety, peace, morale, comfort, convenience and the general welfare of the inhabitants of the municipality of San Simon; b. To guide, control and regulate the future growth and development of the municipality of San Simon located in the province of Pampanga; c. To protect the character and stability of residential, commercial, industrial, institutional, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same; d. To provide adequate light, air, privacy and convenience of access to property and to ensure safety from fire and other dangers; e. To prevent overcrowding on land and undue concentration of population; f. To regulate the location and use of buildings and land in such a manner as to obviate the danger to public safety caused by undue interference with existing or prospective traffic movement on streets and thoroughfares. Section 4. DECLARED ZONING PRINCIPLES. Zoning is the division for the municipality into land use zones, the specification of patterns, nature and characteristics of uses and the provision of density, and environmental regulations in consonance with the approved development plans and strategies, as well as land use policies and objectives of the community which have been initiated by the Local Development Council prepared by the Municipal Planning and Development Office and adopted by the Sangguniang Bayan. ENACTED. AUGUST___, 2014. MUNICIPALITY OF SAN SIMON, PAMPANGA. APPROVED ______________________ __________________ _______________ Councilor Councilor Councilor ______________________ __________________ _______________ Councilor Councilor Councilor ______________________ __________________ _______________ Councilor Councilor Councilor ______________________ __________________ _______________ Councilor ABC President SK President I hereby certify the correctness of the Above Municipal Ordinance ________________________ Secretary Sangguniang Bayan ATTESTED AND CERTIFIED TO BE DULY APPROVED: _______________________ Municipal Vice Mayor Presiding Officer, Sangguniang Bayan APPROVED this __th day of _________, 2014 __________________________ Municipal Mayor 2 REPUBLIC OF THE PHILIPPINES Province of Pampanga Municipality of San Simon Office of the Sangguniang Bayan PROPOSED MUNICIPAL ORDINANCE NO. ________ Series of 2014 AN ORDINANCE APPROVING ZONING REGULATIONS FOR THE MUNICIPALITY OF SAN SIMON AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH. Be it ordained and enacted by the Sangguniang Bayan ng SAN SIMON: WHEREAS, Section 20-c of Republic Act 7160 or otherwise known as the Local Government Code of 1991 (LGC) provides that Local Government Units (LGUs) shall in conformity with existing laws continue to prepare their respective comprehensive land use plans enacted through a zoning ordinance which shall be the primary and dominant bases for future use of land resources; WHEREAS, the local government of SAN SIMON, in pursuit of its development goals and objectives, prepared its Comprehensive Land Use Plan which would require the enactment of regulatory measure to translate its planning goals and objectives into reality; WHEREAS, the Local Government Code authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws; WHEREAS, this Zoning Ordinance is one such regulatory measure which is an important tool for the implementation of the Comprehensive Land Use Plan; NOW THEREFORE, the Sangguniang Bayan of SAN SIMON, 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 Comprehensive Zoning Ordinance of the Municipality of San Simon 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 RA 7160, otherwise known as the Local Government Code as amended, specifically Sections 458 a.2 (7-9) and 447 a.2 (7-9), authorizing the municipality through the Sangguniang Bayan to adopt a Zoning Ordinance in consonance with the approved comprehensive land use plan subject to existing laws, rules and regulations and in conformity with Executive Order No. 72. Section 3. Purposes. This Ordinance is enacted for the following purposes: 1. Guide, control and regulate the future growth and development of the municipality of San Simon located in the province of Pampanga in accordance with its Comprehensive Land Use Plan. 2. Protect the character and stability of residential, commercial, industrial, institutional, agricultural, open space and other functional areas within the locality and promote the orderly and beneficial development of the same. 3 3. Promote and protect the health, safety, peace, comfort, convenience and general welfare of the inhabitants in the municipality. Section 4. General Zoning Principle. This Zoning Ordinance is based on San Simon Comprehensive Land Use Plan as per Ordinance No. ____ dated __________________ and duly enacted by the Sangguniang Bayan of the municipality of San Simon, Pampanga. ARTICLE III DEFINITION OF TERMS Section 5. Definition of Terms. The definition of technical terms used in the Zoning Ordinance shall carry the same meaning given to them in already approved codes and regulations, such as but not limited to the National Building Code, Water Code, Philippine Environmental Code and other Implementing Rules and Regulations, promulgated by the Housing and Land Use Regulatory Board (HLURB). The words, terms, and phrases enumerated hereunder shall be understood to have the meaning corresponding to and indicated as follows: "Actual Use" - refer to the purpose for which the property is principally or predominantly utilized by the person in possession of the property. "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. "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, sugar, etc. "Accessory Use" - A use customarily subordinate or incidental to the principal use of the building and located on the same lot with such principal use of the building. "Allowable Land Use" - Land use that conforms with the uses allowed in a specific zone. "Aquaculture" - fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas. "Block" – The combined area of one or more lots forming a street block bounded by more than two streets. "Buffer Area" – These consists of 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. "Building" – Any structure having a roof supported by columns or walls. The term building includes the term structure. "Building Density" – The quantity of a building/s distributed over a lot area controlled by a maximum Floor Area Ratio (FAR). "Building Footprint" – The physical extent of a building outlined on the lot or property where it stands. "Building Height Limit (BHL)" - the maximum height allowed for structures or buildings expressed as number of floors or stories. "Building Permit" – Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure. "Built-up-area"