chapter 9 - land use plan

CHAPTER 9 Land Use Plan 9.1 Introduction Land use planning is the outcome after land classification. This is the

proce process ss

of

drawin drawing g

up

the

spatia spatiall

config configura uratio tion n

that that

will

complement and supplement the socio-economic development focus shapin shaping g up

the

utiliz utilizati ation on

of

the

land. land. Severa Severall

metho methods ds of

land land

classification a re being used. The best system should account for the permanent physical characteristics of the land and the imposed risk as the limitation for its utilization. There are several key interpretation and classification of the land for specific purpose such as the slope, soil, depth, depth, permeabil permeability, ity, water holding holding capacity capacity and geology. geology. A soil map has been presented presented as the basis for the capability or design for development.

9.2

Physical Profile and Land Use of the Province of Cebu The Province Province of Cebu Cebu

is part of the Centra Centrall Visayas Visayas Region

(Region (Region VII). VII). As viewed viewed on the map, the province province stands stands like an elonga elongated ted

mass mass of

land land

surrou surrounde nded d

by

bodies bodies

of

seawa seawate terr

and

sporadic islands and islets. Its longest stretch is about 220 kilometers and its widest widest portion portion is about about 41 kilometer kilometers. s. Its terrain terrain is rugged rugged and mountainous. Sixty four percent (64%) of the land area is in the category of 18-30% slope.

All urban centers, towns and

villages are

located located in flat lands lands covering covering about 24.1% of the land areas. The three three

major major

island island

groups groups

of

Cebu Cebu

are are

Macta Mactan, n, Camot Camotes es

and

Bantayan. There There

are more protectio protection n

lands in

Cebu province province

comprisin comprising g

48.6% of the total land use. Production lands, however, places second with 45.9%. Built-up areas, where urban centers are situated comprise only 3.8%/ Rampant conversion and encroachment of both protection and production lands are taking place. Major watershed areas are issued proclamations to protect them from other uses.

City of Toledo Page Comprehensive Land Use Plan (CLUP)

212

9.3 The Provincial Physical Framework Plan The goals of the Provincia Provinciall Physical Physical Framework Framework Plan (PPFP) (PPFP) are directed towards the attainment of the following: •

To ensure rational distribution of population;

•

To ensure sustainable use of land resources and protection of critical environment values;

•

To provide adequate and efficient infrastructure and support facilities and utilities and;

•

To establish institutional capability and ensure that sectoral activities are supportive of the comprehensive development of Cebu Province.

The following alternative spatial strategies were identified and evaluated as the means to attain the goals of the PPFP: •

Trend Scenario

•

Alternative 1: Industrialization

•

Alternative 2: Agro-Industrial Development

•

Alternative 3: Eco-Tourism

The Preferred Spatial Alternative/Framework Alternative/Framework is the combination of the three alternatives presented. Growth centers and the accompanying accompanying types of economies to be developed are presented. The identified major catalyst of growth for the preferred framework is industrialization.

9.4

Toledo City within the Context of the Cebu PPFP

A.

Settlement Plan: Toledo City has been identified as a small town (Secondary Urban

Center B Category) in the 1990 Hierarchy of Urban Centers, with an urban population of 16,596 against rural population of 103,178. However, Toledo Toledo City City is projec projected ted in year year 2002 2002 as one of

the Large Large Towns Towns

(Primary Urban Center B Category) with Talisay, Consolacion, Carcar and Bogo. Total Total

land land

requir required ed

for

urban urban

develo developme pment nt in Toledo Toledo

estimated at 21,627.75 hectares in 2003.However, the

City City is

existing settlement

pattern of the Province of Cebu show that in the western board,


213

Toledo City with above 100K population and the only large city outside Metro Cebu, is setting an urban growth trend that can generate above above normal normal growth rates rates when mining mining acitivitie acitivities s based based in the area reached full capacity level. Cebu has 3,848,730 population in 2007, that is 60.15% of the region’s population of 6,398,439 and 4.34% of the country’s population of 88,57 88,570,0 0,000. 00.

Cebu Cebu

has

avera average ge

densit density y

of

756 756

person persons s per

square square

kilometer that is 76% higher than the region’s average of 427 persons per sq. km. and 151% higher than that of the country’s 300 persons per sq. km. average average.. In the western western part, part, Toledo Toledo City is fast becoming becoming a growth center center with 4% population share share

and Balamban, Balamban, the adjacent

municipality with average population growth rate of 1.45%. The growth may not have the same pace as Metro Cebu, nevertheless, a trend is already already taking taking place upon the continuing continuing presence presence of large industrial industrial firms. After 30 years, Metro Cebu will saturate 70-80% population share, the remaining remaining population population will be significant significantly ly distributed distributed in three three (3) differ different ent

growth growth

center centers s – Toledo Toledo City City-Ba -Balam lamban ban corr corrido idor, r, Bogo Bogo CityCity-

Daanbantayan link and the Bantayan island group.

B.

Functional Ro Role of of To Toledo Ci City Toledo City is one of the growth centers identified by RDC in the

RPFP-CAID strategy and CIADMPS Western Seaboard Industrial Area. Its strategic location makes the city the gateway of goods and services to the western w estern coast of Cebu via the Cebu-Manipis and Naga-Uling arterial roads and

Negros Negros

Island Island

via

San Carlos Carlos

City RORO

facilities facilities..

The

completion of the Cebu TransCentral Highway will further improve its role as the center of trade, commerce and industry in the western side. The city is also expected to play its dominant role as t he region’s major contributor contributor and

exporter exporter of

rich

natural natural

resource resources s

products products

such as

copper, coal, etc.


214

9.5

Land Use Plan A.

Existing General Land Use

The dominant land use of Toledo City is agricultural land with a total area of 83.55 sq km or 38.631% 38.631% of city’s city’s total total land. This area is mostly under the rural land category and is based on the PPFP’s estimation of agricultural production areas in A & D and forestland. Other dominant general land uses are Forest Forest areas areas with 53.33 sq km (24.58%) (24.58%) and mining/indu mining/industria striall (21.812% (21.812%). ).

Mining Mining

area is dominate dominated d by

ACMDC. Built-up area was w as estimated a t 7.272 sq.km (3.362%). Based on the preliminary estimates, the following are the existing Genera Generall

Land Land

Use Use

categ categori ories es

with

corre correspo spondi nding ng

area area

in

square square

kilometers:

Land Use Category

Area (has.)

% Distribution

Agricultural Land

8,355.00

38.63%

Forest Land

5,333.00

24.66%

Mining/Industrial Area

4,717.50

21.81%

Idle/Vacant Land

2,380.00

11.00%

727.20

3.36%

Built-Up Area Swamp/Mangrove/ Fishpond TOTAL AREA

115.00 21,627.75


0.53% 100.00%

215

B.

Existing Urban Land Use

Land Use Category

Area (has)

% Distribution

141.42

48.29%

Industrial

88.96

30.37%

Commercial

23.71

8.10%

Parks/Open Space

20.85

7.12%

Institutional

13.64

4.66%

4.3

1.47%

292.88

100.00%

Residential

Other Uses -Cemetery TOTAL AREA

The existing existing urban land use of the city is comprising comprising 48.29% of

primarily primarily residentia residentiall

the total urban area. This is

followed followed by the

industrial urban land use comprising comprising 30.37%. This area is largely found in Barangay Sangi where two (2) industrial companies are situated . The third largest urban land use is allocated

as commercial commercial taking consideration the presence of numerous numerous

business establishments along the commercial area.


216

Fig. 9.1 Existing General Land Use Map

City of Toledo Comprehensive Land Use Plan (CLUP) (CLUP)

Page

217

Fig. 9.2 Existing Urban Land Use Map City of Toledo Comprehensive Land Use Plan (CLUP) (CLUP)

Page

218

Fig. 9.2 Existing Urban Land Use Map City of Toledo Comprehensive Land Use Plan (CLUP) (CLUP)

C.

218

Page

Proposed Ge General La Land Us Use Under the proposed general land l and use for year 2015, built-up

area has and increase of 3,231.90 has. The presence of barangay centers in every barangay is also a factor that is considered in the increases of the proposed general land use. Pursuant to the city government’s vision to promote eco-tourism, some areas in the city were considered for tourism development which to mention are Barangay Cantabaco, Bagacay, Bagacay, Ilihan, DAS and General Climaco. Forest, timberland and fishpond were maintained over the planning period. Mining Area is allocated at 21.82% with anticipation that mining mining

activities activities

will heightene heightened d

with

the

re-openin re-opening g

of

Atlas Atlas

Mining Corporation.

Land Use Category

Area (has)

% Distribution

Agricultural

5,965.35

27.58%

Forest/Timberland

5 073 00

23 45%

C.

Proposed Ge General La Land Us Use Under the proposed general land l and use for year 2015, built-up

area has and increase of 3,231.90 has. The presence of barangay centers in every barangay is also a factor that is considered in the increases of the proposed general land use. Pursuant to the city government’s vision to promote eco-tourism, some areas in the city were considered for tourism development which to mention are Barangay Cantabaco, Bagacay, Bagacay, Ilihan, DAS and General Climaco. Forest, timberland and fishpond were maintained over the planning period. Mining Area is allocated at 21.82% with anticipation that mining mining

activities activities

will heightene heightened d

with

the

re-openin re-opening g

of

Atlas Atlas

Mining Corporation.

Land Use Category

Area (has)

Agricultural

5,965.35

27.58%

Forest/Timberland

5,073.00

23.45%

Mining Area

4,717.50

21.82%

Built-Up Areas

3,216.90

14.88%

375.00

1.73%

2,165.00

10.01%

b. Swamps/Mangroves

70.00

0.32%

c. Fishponds

45.00

0.20%

Eco-Tourism

% Distribution

Others: a. Agro-forestry

TOTAL


21,627.75

100%

219

D.

Proposed Urban Land Use Plan The Proposed Urban Land Use is increased to 22,627.75 from the existing area of 21,627.75 sq.km. The proposed urban expansion and the opening of new areas for the government center, socialized housing sites, residential, educational , commercial and reclamation area /port developme development nt are the major factors factors considere considered d in the increa increase se of

the

propos proposed ed

urban urban land land

use. use.

This This

increa increase se

is

considered necessary in order to address the expected demand of urban functions as a result of the strategy on the dispersal of economic activities to rural areas. The proposed urban land use provided a more detailed allocation allocation

for

the

residentia residential, l, commercia commerciall

and

industria industriall

areas areas

according to its classification and in consonance with the Zoning Ordinance Ordinance..

There There is an increase increase in the allocation allocation of residentia residentiall

areas areas of about

34.58 hectares hectares which is expected expected to answer answer the

requirements arising out of in-migration and growth in population. Over the years, it is expected that commercial commercial activities will rise at the same instance with industrial growth in the city. In line with this expectati expectation, on, the city has increase increased d both the areas areas for commercial and industrial purposes. The Special Economic Zone which will soon rise in the Sangi-Dumlog Sangi-Dumlog area form part of the increase in the industrial area. The Public Affairs Area is also increased due to the transfer of

the

government

center

in

Barangay

Ilihan

from

Barangay

Poblacion. In effect , this will also give rise to the economic activity in the immediate area including the demand for institutional areas whether for educational or religious purposes. As mentioned earlier, eco-tourism development is one of the important strategies being undertaken by the city and in order to address this agenda, there is substantial allocation for both Parks and Open Space including

Recreational Beaches/Tourism/Potential Beaches/Tourism/Potential

and Historical Sites that are enumerated in the Tourism Sector and included in the Coastal Resource Management Management Plan.


220

Fishpond and Mangrove Areas are maintained to preserve the environme environment nt but which may still be further further developed developed for

eco-

tourism. Reclamation Port Development Development is an important important ingredient of urban land use since this will provide the city government with larger larger opportunitie opportunities s for industrial industrial land requireme requirement nt vis-à-vi vis-à-vis s with ever-incr ever-increasi easing ng servic services es and

population population and

utiliti utilities. es.

requirement for

There There

employme employment nt

can

never never

be

and

provision provision

a fixed fixed

land land

of

area area

industrial and commercial purposes so that it is

necessary that additional land area will be available for its ideal purpose.


221

Land Use Category

Area (has)

Low Density Residential Area Medium Density Residential Area High Density Residential Area Light Commercial Area Medium Commercial Area Heavy Commercial Area Educational Area Religious Area Public Affairs Area Parks, Recreation & Open Spaces Urban-Forest Zone Light Industrial Area Heavy Industrial Area Service Industrial Area Recreational/Beaches/Tourism/ Potential & Historical Sites Cemetery Fishpond/Mangrove Area Reclamation/Port Development

109.90 44.20 21.90 11.30 118.70 56.00 67.00 8.30 66.10 89.50 293.00 43.00 14.80 259.80

8.26% 3.32% 1.65% 0.85% 8.93% 4.21% 5.04% 0.62% 4.97% 6.73% 22.03% 3.23% 1.11% 19.54%

23.00 15.00 58.80 29.60

1.73% 1.13% 4.42% 2.23%

1,329.90

100%

TOTAL


% Distribution

Page

222

Page

223

Fig. 9.3 Proposed General Land Use Map


Fig. 9.3 Proposed General Land Use Map


Page

223

Fig. 9.4 Proposed Urban Land Use Map

COMPARATIVE TABLE FOR EXISTING AND GENERAL LAND USE City of Toledo Comprehensive Land Use Plan (CLUP) (CLUP)

Page

224

Fig. 9.4 Proposed Urban Land Use Map

COMPARATIVE TABLE FOR EXISTING AND GENERAL LAND USE City of Toledo Comprehensive Land Use Plan (CLUP) (CLUP)

I. General Land Use

Land Use Category

224

Page

II. Proposed General Land Use Area

Land Use Category

(In Hectares)

Area

Difference

(In Hectares)

(In Hectares)

Built-Up Area

727.20

Built-up Areas

3,216.00

2,489.70

Forest Land

5,333.00

Forest/Timberland

5,073.00

-260.00

Agricultural Land Land

8,355.00

Agricultural

5,935.35

-2,419.65


4,717.50

Mining Area

4,717.50

-

-

Eco-Tourism

375.00

Idle/Vacant Land

2,380.00

Agro-forestry

2,195.00

-185.00

Swamps/mangroves

70.00

Swamps/mangroves

70.00

-

Fishponds

45.00

Fishponds

45.00

-

Total

21,627.75

Total

21,627.75


Page

- -

225

I. General Land Use

II. Proposed General Land Use Area

Land Use Category

Land Use Category

(In Hectares)

Area

Difference

(In Hectares)

(In Hectares)

Built-Up Area

727.20

Built-up Areas

3,216.00

2,489.70

Forest Land

5,333.00

Forest/Timberland

5,073.00

-260.00

Agricultural Land Land

8,355.00

Agricultural

5,935.35

-2,419.65


4,717.50

Mining Area

4,717.50

-

-

Eco-Tourism

375.00

Idle/Vacant Land

2,380.00

Agro-forestry

2,195.00

-185.00

Swamps/mangroves

70.00

Swamps/mangroves

70.00

-

Fishponds

45.00

Fishponds

45.00

-

Total

21,627.75

Total

21,627.75


- -

225

Page

E. Zoning Code, Public Order and Safety, Traffic, Book 3, Chapter 2 of the 2003 Codified Ordinances Ordinances of the City of Toledo on Zoning

The 2002 Zoning Ordinance was approved in the year 2003 specifically under Ordinance No. 2003-5 or otherwise known as an Ordinance Approving the 2002 Zoning Ordinance of the City of Toledo and Its Component Barangays. As a result of the Proposed Comprehensive Land Use Plan prepared by the Technical Working Group and the

City Planning & Development Office, there is

a corresponding need to amend the 2002 Zoning Ordinance to make it consisten consistentt with the proposed proposed land use. Hence, Hence, on October October 27, 2008, 2008, the 7th Sangguniang Panlungsod of Toledo City approved Ordinance No. 2008-18 titled An Ordinance Amending Chapter 2 of Book 3 of the 2003 Codified Ordinances of the City of Toledo on Zoning. Section

1

of

Ordinance

No.

2008-18

provides

the

Modifications/Amendmdents/Additions Modifications/Amen dmdents/Additions to Book 3, Chapter 2 of the Zoning Code, Public Order and Safety, Traffic, which specifically are as follows: Sections 1 to 4 – amendments – No amendments Section 5

Official Urban Zoning Map shall modified as “ The city hereby

E. Zoning Code, Public Order and Safety, Traffic, Book 3, Chapter 2 of the 2003 Codified Ordinances Ordinances of the City of Toledo on Zoning

The 2002 Zoning Ordinance was approved in the year 2003 specifically under Ordinance No. 2003-5 or otherwise known as an Ordinance Approving the 2002 Zoning Ordinance of the City of Toledo and Its Component Barangays. As a result of the Proposed Comprehensive Land Use Plan prepared by the Technical Working Group and the

City Planning & Development Office, there is

a corresponding need to amend the 2002 Zoning Ordinance to make it consisten consistentt with the proposed proposed land use. Hence, Hence, on October October 27, 2008, 2008, the 7th Sangguniang Panlungsod of Toledo City approved Ordinance No. 2008-18 titled An Ordinance Amending Chapter 2 of Book 3 of the 2003 Codified Ordinances of the City of Toledo on Zoning. Section

1

of

Ordinance

No.

2008-18

provides

the

Modifications/Amendmdents/Additions Modifications/Amen dmdents/Additions to Book 3, Chapter 2 of the Zoning Code, Public Order and Safety, Traffic, which specifically are as follows: Sections 1 to 4 – amendments – No amendments Section 5 Official Urban Zoning Map shall modified as “ The city hereby adopts the official urban zoning map updated by the City Planning & Development Office/ Technical Working Group as basis of the zoning of this city……. Section 6

Enforcement and Administration shall be modified as follows:

ENFORCEMENT – The 2008 Zoning Ordinance shall be enforced and administered by the Zoning Officer under under the supervis supervision ion of City Planning Planning and Development Development Officer; Section 7

shall be modified as follows:

POWER AND DUTIES – The City Planning and Development Officer shall supervise the administr administratio ation n and enforceme enforcement nt of the provisio provisions ns of the 2008 2008 Zoning Zoning ordinance, ordinance, specifically; specifically; 1.) To grant grant or deny deny with with or witho without ut condit condition ions, s, applic applicati ations ons for the granti granting ng of exception in accordance with the following criteria; a.) The exception is essential to maintain the functional design and architectural integrity of the developmen development; t; b.) The exception will not substantially or permanently injure the appropriate use of adjacent conforming property in the same district; c.) The exception will not alter the essential character of the district where the property for which exception is sought is located;

City of Toledo Comprehensive Land Use Plan (CLUP)

Page

226

d.) That the exception will not awaken the general purpose of the regulations herein established for specific district; e.) The exception will be in harmony with the spirit and purpose of the 2008 Zoning Ordinance. f.) The exception exception will not not adversely affect affect the public public health, safety safety and welfare. welfare. 2.) To grant or deny, with or without conditions, applications for the granting variance in accordance with t he following criteria: a.) The property be unique unique and different different from other property property nearby; nearby; b.) Because of the uniqueness, uniqueness, the owners cannot cannot obtain a reasonable reasonable return on on the property; c.) The hards hardship hip is is not self self create created; d; d.) d.) The The prop propos osed ed vari varian ance ce is the the mini minimu mum m vari varian ance ce nece necess ssar ary y to perm permit it a reasonable return on the property; e.) The varian variance ce will will not not alter alter the essent essential ial charact character er of the distric districtt where where the property is in the same district; f.) The variance variance will will not substanti substantially ally or permane permanently ntly injure injure the appropri appropriate ate use of the adjacent conforming property in the same district; g.) The varian variance ce will will not not alter alter the essent essential ial charact character er of the distric districtt where where the property is in the same district; h.) The variance will will be in harmony with with the spirit of the 2008 Zoning Ordinance. Ordinance. i.) The varianc variance e will not adverse adversely ly affect the public public health health safety safety or welfare. welfare. 3.) To issue certificate of zoning compliance herein provided. 4.) To serve notice requiring the removal of any use in violation of the 2008 Zoning Ordinance upon the owner, agent, or tenant of the building or land, or upon the architect-builder, contractor, or other persons who commit or assist in any such violation. 5.) Forward to the Office of the City Legal Officer the institution of appropriate actions for any act or acts in violation of the 2008 Zoning Ordinance committed by any person, natural or judicial; judicial;

6.) To call-u call-upon pon the Chie Chieff of Police Police and his his author authorize ized d agents agents to assist assist in the enforcement of the 2008 Zoning Ordinance; 7.) Issue Issue a location locational al clearance clearance on zoning in collabor collaboratio ation n with the Office of the Building Official and the Housing and Land Use Regulatory Board (HLURB) on cases where and when warranted;


Page

227

8.) Maintain a record on all zoning and land use verification certificates and nonconforming uses; 9)

Conduct Conduct investigati investigation on on all application applications s for variance variances s from the 2008 Zoning Zoning Ordinance and submit recommendations to the City Mayor and Members of the Sangguniang Panlungsod.

10.)Ta 10.)Take ke any other other action action author authorize ized d by the 2008 2008 Zoning Zoning Ordin Ordinanc ance e to ensur ensure e compliance with or prevent violation of its provisions.

ZONING ZONING OFFICER. OFFICER. POWER POWERS S AND AND DUTIES DUTIES . For the adminis administratio tration n of this Ordinanc Ordinance, e, a Zoning Zoning Officer Officer shall shall be designa designated ted and shall shall have the following powers and duties, namely: 1) Administer the 2008 Zoning Ordinance in accordance with its literal terms and shall have the power not to permit any construction or any change of use which does not conform to this ordinance. 2) It shall be the duty of the Zoning Officer to examine all applications for permits, issue permits for construction and uses which are in accordance with the requirements requirements of this Ordinance , record and file all applications applications for permits with accompanying accompanying plans and documents documents and make such reports as the governing body may require. 3) Report to the City Zoning Review Committee regularly every quarter all exceptio exceptions ns and variance variances s granted granted so that the zoning zoning map can correspon correspondin dingly gly updated updated and also a report report on the progress progress problems encountered in the administration and enforcement of ordinance, ordinance, making making the necessary recommendations recommendations therefore.

the be and this

4) Make a semestral report to the City Mayor and the Sangguniang Sangguniang Panlungsod Panlungsod on the status of the land uses of the city including the number, nature and character character of permits permits granted granted and denied, denied, non-confo non-conformin rming g uses, uses, variances, exceptions, innovative techniques, techniques, special and temporary uses and conditions imposed thereon. Section 8 – No amendments Sectio Sec tion n 9 – Divisio Divi sion n Into Distric Dist rict Secti Se ction on Divisi Div ision on Distr Dis trict ictt Other Other Other Landfill

Uses Use s Shall now Uses

include: Sani include: Sanitary tary

Section 10 – District posed of the following District Boundaries Shall be amended to com composed blocks: 1. Residential District: 13, 14, 15, 16, 17, 18, 20, 1. Low Density Residential Area - Block Nos. 12, 13, 27, 28, 29, 40, 71, and areas 100m. 1 00m. 10 0m. from road centerline centerline along National centerline Highways Highways and and 50 m. from road centerline centerline along centerline along Barangay Barangay Roads Barangay Roads.

2. Medium Density Residential Area - Block Nos. 11, 23, 26 & 72


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228

3. Heavy Density Residential Area - Block Nos. 41, 45, 46, 47, 47-A, 48, 49 2. Commercial Districts: Commercial Area Area - Block Nos. 2A, 19, 22, 31A, 36A, 55, 56, 63, a. Light Commercial 63A, , 73, 81A, 87, 96A & 96B, 97, 98, 99, 100 10 0& al ong 100 & 50 50 m. both sides along 50 alo ng the provincial provincial roads traversing traversing Barangay Barangay DAS

b. Medium Commercial Area – Block Nos. 7, 8, 9, 10, 24, 25, 42, 43, 62, 64, 65, 66-70, 76, 77, 78, 78-A, 82, 88, 89 c. Heavy Commercial Area – Block Nos. 80, 81, 82, 83, 84, 85 , 90, 91, 93, 102-107 d. Public Market Area - Block No. 92 and market areas areas in Barangays DAS, DAS, Matab-ang, Bato and General Climaco and such other barangays found to be feasible for the construction of a public market . 3. Institutional Districts: Block Nos. 36 36 & 37, 38, 38, 39, 44, 79, 79, 83, 96 and and a. Educational Area - Block part of ACMDC Compound in Barangay DAS specifically specifically Andres Soriano Soriano Memorial Memorial College College ( ASMC) ASMC) also in Barangay Barangay DAS

b. Religious Religious Area – Block Nos. 46A, 60, 61 and part of of the Urban Area in Barangay Barangay DAS c. Public Affair Area – Block Nos. 2, 3, 30, 31, 58,86, 84, 95 100A 4. Parks Parks parks) 108

and Open Spaces Spaces – All blocks numbered 3 and Block No. 59, and part of the urban area in barangay

4 ( city pocket forest DAS and Block No.

5. Industrial Districts: a. Heavy Heavy Indust Industrial rial Area – Block Nos. 123, 124 and part of the area of ACMDC compound compound in Barangay Barangay DAS

b. Service Industrial Area – Block Nos. 108, 109, 122A, 122B, 122C, 122D, 125 6.

Agricultu Agricultural ral Districts Dis tricts Distr icts - All outlying area numbered 1 (part of barangays Carmen, Ilihan, Canlumampao, Canlumampao, Magdugo, Tubod, Ibo, Cabitoonan, Awihao, Bunga, Sto. Niño, Talave Talavera, ra, Matab Matab-an -ang, g, Sam-an Sam-ang, g, Subay Subayon on,, Duml Dumlog, og, Bato, Bato, Gen. Gen. Clima Climaco, co, Poog, Poog, Media Once) and the rest of the rural barangays.

7.

Recreational Recreational Beaches/Tourism/Potential Beaches/Tourism /Potential and Historical Sites – Block Nos. 21 and Beaches/Tourism/Potential 3A extended extended towards towa rds Cabitoo Cab itoonan, nan, Lebumfacil-Ve l-Veloso loso Park, Spring Spring Park at Brgy. towards Cabitoon Cabi toonan, an, Lebumfaci Brgy. Cabi Cabitoo toona nan, n,, World Wo II Foxhol Fox hole e at Br gy. Ili han n and and World World War War II Gueri Gu erill lla a toonan Worrld ld War II Foxhole Foxho le at Brgy Brg Brgy. y.. Iliha Ilihan Gueril Gue rilla la Defense at Brgy. Carmen. Touris Tourism m Zones Zones in accord accordan ance ce with with the City City Coast Coastal al Resou Resource rces s Management Management Plan identifying the following areas, namely:


Page

229

Barangay Mainggit – Arpili River to Felipe Tuldanes residence Barangay Cabitoonan - Juanito Ygay residence to Boundary of Barangay Bato Barangay Talavera – edge of Camanchiles Camanchiles river to the house of Engr. Fidelino Tinapay Barangay Bato – Aglipay cemetery to boundary of Barangay Tajao The Proposed Toledo Toursim Trail that includes the following: • •

Mt. Apid Mines View Park at Barangay Apid, Cantabaco Garden City Hall at Barangay Ilihan Hinulaw Hinulawan an River River traversin traversing g Baran Barangays gays Dumlog Malubog Lake Highland Highland Resort at Barangay Gen. Climaco Bagakay Traverse Nature Park at Barangay Bagakay Haulpack- the Atlas Giants at Barangay DAS Cantabaco Rockface at Barangay Cantabaco •

• • • •

Ilihan, Ilihan, Sangi Sangi and and

8. Barangay Barangay Center Center - Area in the Barangay with 10 or more houses and where the barangay hall is located 9. Agro-Forest Zones – All blocks numbered 2 (part of barangays Tubod, Landahan and Poblacion)

10. Socialized Housing Zone – Blocks Blocks Nos. Nos. 5 and 6 11. Mixed Use Zone Zo ne - Block No. 114 Zone 12. Other Uses: a. Reclamation/Port Reclamation /Port Development Developm ent – Blocks Reclamation/Port Development Blocks 105A, 105A, 106A, 106A, 107A, 107A, 113 113 and and 114 114 a.1 North Port Development Development - On the South East, bounded by the proposed port development road, city boulevard road on the southwest, on the north by the proposed north reclamation road and on the northeast by Luray Creek. ( Blk. No. 115, 116, 117, 118, 119, 120 and 121) a.2 South Port Development - Bounded on the southeast by the port boulevard, boulevard, on the southwest by cemetery street, on the northwest bounded by the proposed South Boulevard and on the northern by Toledo Wharf Road. (Blk. No. 110, 111 & 112) b. Cemeteries/Memorial Parks – Blocks 50, 51,52, 53, 54, 101, 17A and

16A

c. Sanitary Sanitary Landfill Landfill at at Barangay Barangay PutingBato PutingBato Note: An addition Section 11 – Regulation for Low Density Residential District Shall now be defined as follows : Low Density Residential Residential (R1 (R1 District) District) – A Low Low Density Residential Area shall be used principally for dwelling/housing purposes so as to maintain peace and quietness of the area within the residential district


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with a density of twenty (20) dwelling dwelli ng units and an d below per hecta re.(italics m dwelling and per hectare.(italics per hectare .(italics mine). miine). ne). In Low Density Residential (R1) Area, no building, structure or land, and no building or structure shall be erected or altered in whole or part, except for the following: Sections 11.1 to 11.7 – No amendment amendment 11.1 11.1 OneOne-fa fami mily ly dwel dwelli ling ng;; twotwo-fa fami mily ly dwel dwelli ling ngs; s; chur church ches es or simi simila larr plac places es of worship, and dwellings for the religious and seminars; nursery and kindergarten schools, provided that they do not exceed two (2) classrooms, and day-care centers; 11.2 Barangay Barangay centers, centers, public public civic centers, neighborh neighborhood ood and community community centers, centers, libraries, police outpost, fire stations, and public utility structures necessary for the service of the area upon approval of the layout plan by the zoning official and subject to such conditions and safeguard as deemed appropriate by the same zoning official; 11.3 Clubhouse, Clubhouse, lodges and and other social centers, centers, parks, playgrounds, playgrounds, pocket pocket parks, parkways, promenades promenades and play lots and other recreational recreational uses such as tennis courts, swimming pools and similar uses operated by government or private individuals individuals as membership membership organizations; organizations; 11.4 Boardin Boarding g houses houses provided provided that rooming/boar rooming/boarding ding should should be limited limited to five (5) persons only; plant plant nurseries and track provided no manure manure or foul odor or dust providing substance shall be stored; neighborhood neighborhood convenience convenience stores (sarisari) selling miscellaneous items provided that the consent of the Homeowners Association in in the area has been obtained. 11.5 Accessory uses uses customarily customarily incidental to any of the aforementioned aforementioned include any any activity conducted for monetary gain; (a) servant’s quarter (b) home laundries (c) houses for pets such as dogs, birds, rabbits and the like of not more than four (4) square meters in floor area (d) pump houses and small power plants and and machi machiner nerie ies s custom customari arily ly used used in conne connecti ction on with with church churches, es, schoo schools, ls, museums, parks, playground, community centers, dwelling and their accessory buildings buildings provided that; (a) such power plant and other machineries are so placed as to cause the inconvenience to adjoining residence; (b) they do not cause serious injury or nuisance to occupants through fumes or gases, dust, smoke, noise or vibrations or other similar nuisance; (c) such power plant, if other than electric should be used only in cases of emergency or power failure with a power of not more than one (1) horse power; (d) and provided further, that if the power employed is electric meter and used exclusively or air-conditioning, for power pumps, and for household appliances such such as wash washin ing g mach machin ines es,, refr refrig iger erat ator ors s and and the the like like,, any any numb number er of horsepower necessarily is allowed. 11.6 Auxiliary uses uses customarily conducted conducted in dwellings dwellings and homes homes such as offices offices of physicians, physicians, surgeons, dentist, architects, engineers, engineers, lawyers and other professionals professionals are members of the family residing in the premises; and provided further, that not more than six (6) semi-professional assistants are employed at


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any time; that in no case shall more than twenty (20%) of the floor area of the building to be used for said professional practice; and 11.7 Advertisi Advertising ng signs not exceedin exceeding g two (2) square square feet in size when used to the lease, hire sale of a building or part thereof. Section 12 – Regu lation Mediu m and Density Resid R esidentia ential District – Regulation Regulatio Reg ulation n for Medium Medium and High Density Reside ntiall District Shalll now be defi Shal defined ned follows ows: Medium/High Medium/High Density Residential defin ed as foll Residential (R-II/R-III) Distr District icts s – A medi m edium um densit density y resid resident ential ial are area sha lll be be for housin hou sing/d g/dwel wellin ling g me dium area a shall shall shal housi ho using ng/dw /dwell elling ing purposes of medium density i.e. twenty one (21) to t o sixty five (65) dwelling units per to hectare. A high housing/dwelling purposes of high density residential area shall be for housing/dwelling high high density i.e. sixty-six (66) or more dwelling units per hectare. Sections 12.1 to 12.11– No amendments In Medium/High Density Residential (R-II/R-III) Area, only the following are permitted. 12.1 all uses permitted in R-1 districts. 12.2 residential residential condominium condominiums s of the townhous townhouse e type provided provided that the building building should not exceed five (5) storeys in height; apartment houses, (multi-storey apart apartme ments nts,, hotel, hotel, tenem tenemen entt housi housing ng and and dormi dormitor tories ies and mass mass housin housing, g, provided that the said buildings buildings should not exceed five (5) storeys in height; multi-family multi-family dwellings, dwellings, accessories, boarding houses; 12.3 12.3 sanita sanitariu riums, ms, rest rest home homes, s, phila philanth nthrop ropic ic or chari charitab table le insti institut tutio ions, ns, nurser nursery, y, kindergarten, elementary and high schools, provided that these will not exceed twenty (20) classrooms; classrooms; 12.4 offices with no actual display, sale, transfer or handling of office commodities in the premises; 12..5 clinics, clinics, family family planning planning clinics/i clinics/indus ndustrial trial clinics; clinics; local local civic civic centers centers and local local auditoriums, auditoriums, halls and exhibition areas; 12.6 customary customary incident incidental al home or occupation occupation such as barber and beauty beauty shops, tailoring and dress shops, retail drugstores and small-scale cottage industries such as embroidery, sewing, handicrafts, shell crafts, and the like, conducted with within in a dwel dwelli ling ng,, prov provid ided ed that that (1) (1) a maxi maximu mum m of ten ten (10) (10) pers person ons s are are employed; (2) no mechanical equipment is used, except if such is permissible for purely domestic or household purposes; (3) not more than thirty percent (30%) of the floor area of any one floor of the dwel dwellin ling g is devote devoted d to such such home home occup occupati ation on does does not requi require re intern internal al or external alternations, or involve construction features or use of equipment not customary in dwellings. dwellings. 12.7 pension houses; apartels; 12.8 carenderias, carenderias, food stores, stores, canteens, 12.9 shoeshine/shoe shoeshine/s hoe repair shops; 12.10 retail of liquor provided they should not be served to minors (below 18 years of age)


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12.11 12.11 custom customary ary access accessory ory uses uses and build building ing incid incident ental al to any any of the above above permitted uses.

Sections 13 to 54 – No amendments Section 55 – shall now be read as follows: USE REGULATION REGULATION OF TOURIST VILLAGES/RECREATIONAL BEACHES: This district dist shall mainl mainly y be for tourist tourist distrrict ict shall villages / recreational beaches and shall be in accordance with the Coastal Tourism Manageme Man agement nt of the 10-Yea 10 -Year Coas tal Resourc Res ource e Manageme Mana gement nt Plan Ci Managem ent 10-Year 10-Ye arr Coastal Coastal Resource Resour ce Management Managem ent Plan of the City Cittyy of Toledo to include the following: Guidelines for density requirements: a) The ideal density for each designated tourist village is 19 single units (5m x 5m) per hectare, 11 duplex units per hectare, and 6 larger (4 to 5 bedrooms) units per hectare. b) The construction of cottages or any structure on slopes greater than 18% shall be limited and strictly regulated. c) Cottages and other structures shall only be allowed along the foot or lower lower slopes slopes with the distance distance between between them at least least three times the length of the space each occupies. Guidelines for Setbacks and Buffer Zones: a) A shoreline setback will be established to extend from the high water mark to 30 meters inland. b) Cottages and other structures should at least be 15 meters from the highes highestt water water level level mark mark of lagoon lagoons s and their their channe channels, ls, swamp swamps s and and mangrove areas. c) Cottages and other structures should at least be 10 meters from the foot of steep hills. d) No activities such as clearing, grading and dredging or mining shall be allowed in these setback and buffer zones without permit from the city. Section 56 – shall now be added as Innovative Techniques INNOVATIVE TECHNIQUES . – Projects that introduce flexibility and creativity in design design or plan such as but not limited limited to Planned Unit Unit Developm Development, ent, Housing Housing projects covered by the New Town Town Development Development under RA 7279, the Zoning Officer Officer shall shall on grounds grounds of innovativ innovative e developm development ent techniqu techniques es forward forward applications applications to the City Zoning Zoning Review Committee for further further studies studies and and the Commi Committee ttee on Land Land Use Use and Zoning Zoning of the the Sanggu Sanggunia niang ng Panlu Panlungs ngsod od for consideration. consideration. Innovative techniques techniques such as Planned Unit Development Development (PUD) areas involve the development development of mixed-use large-scale projects on a single tract of land or in a particular compact integrated areas employing creativity, flexibili flexibility ty and economy economy in land uses. Conventio Conventional nal standards standards and criteria criteria are liberalized liberalized in an area where innovative innovative techniques techniques are employed.


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REQU REQUIR IREM EMEN ENTS TS AND AND PROC PROCED EDUR URES ES FOR FOR GRAN GRANTI TING NG OF PERM PERMITS ITS TO INNOVATIVE TECHNIQUES. – TECHNIQUES. – Before any projects involving innovative techniques techniques may may be permitted, the owner or or developer developer must must first submit submit his plans to the Zoning Officer who who will review the zoning zoning viability of of the site and discuss with with the City Planning Planning and Development Development Office and other concerned public officials and agencies on the viability of the project. In addition, he may conduct a public public hearing on the application, application, following the procedures prescribed for the conduct conduct of hearings prior to the grant of variances variances as set forth in Article IX herein. CONDITIONS FOR THE THE ALLOWANCE ALLOWANCE OF INNOVATIVE INNOVATIVE TECHNIQUES. The establishment establishment of projects employing innovative innovative techniques techniques in any area shall be permitted only ifif the following conditions conditions are complied complied with: a. It would be economically economically impracticable impracticable to apply the conventional conventional standards of this Ordinance to a particular area or the compliance with such requirements would render it less efficient, less economical economical in design, space utilization utilization and creativity. b. The owner/deve owner/develope loperr must submit to the City Council Council and the Zoning Zoning Officer Officer , preliminary and and final plans including including the project project feasibility study for for review: b.1 The preliminary plan must generally set forth any existing or proposed arrangem arrangements ents of lots, streets, streets, access points, points, buffer strips strips and rail, water, water, highw highway ay or other transpor transportt arran arrange gemen ments, ts, and and the relatio relation n (in terms terms of existing and potential potential economic influence and environmental environmental impact) of of the tract of land involved with the surrounding properties; b.2 The final plan must, in addition to the above requirements, describe the noise, noise, odor, odor, smoke, smoke, vibratio vibrations, ns, dust, dust, noxious noxious gases, glare glare and heat, fire haz hazards, ards, indu indust stri rial al wast wastes es and and traf traffi fic c whic which h may may be prod produc uced ed by the the development. c. The proposed proposed development development will not be incompatible incompatible with existing existing and proposed adjacent adjacent and surroundi surrounding ng uses, and it should not defeat defeat the purposes purposes and objectives of the development plan and Zoning Ordinance of the City; d. The area of the proposed projects employing innovative techniques shall be a consolidated consolidated parcel of land measuring at least two (2) hectares. PERMIT FOR INNOVATIVE I NNOVATIVE TECHNIQUES . a. Initiation Any person who wishes to apply for a permit for innovative techniques shall secure secure the appro appropria priate te form form from the the City City Plannin Planning g & Develop Development ment Office Office provided that the terms and conditions specified in this Article are satisfactorily met.


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b. Procedure for application application 1. Together with a vicinity map drawn to the scale of 1:10,000 meters which shows the land use of the adjacent area, approximately approximately 100 meters radius distance from the proposed site, the applicant shall submit the form containing the detailed description of the project. 2. The The City City Plan Planni ning ng and and Deve Develo lopm pmen entt Offi Office ce and and the the Sang Sanggu guni nian ang g Panlungsod Panlungsod shall evaluate evaluate the viability of of the proposed project project in relation to its environmental environmental impact. 3. The City City Development Development Office and the Sangguniang Sangguniang Panlungsod Panlungsod shall then then decide and and descr describe ibe such such terms terms and condit condition ions s under under which which the proje project ct may be allowed to locate and operate. Section 57 - shall now be added as Environmental Management PERFORMANCE PERFORMANCE STANDARDS STANDARDS . – The follo followi wing ng are the criter criteria ia establ establish ished ed to control noise, odor, smoke, toxic or noxious matter,vibration,fire and explosive hazards, and glare or or heat generated by or inherent in uses of land land or buildings, developments developments or other constructions without without prejudice to existing existing national national laws. Rules and regulations on pollution control, namely; a. NOISE and VIBRATIONS. VIBRATIONS. All noise and vibration-produ vibration-producing cing machinery machinery shall be enclosed enclosed by a buildin building g and shall shall be provided provided with effective effective noise-ab noise-absorb sorbing ing materials, noise silencers and mufflers, and an open yard of a distance not less than twenty (20) meters from the street or adjoining property lines or property planted to dense trees as buffers. A machinery should be mounted on shockabsorbing mountings, such as cork set on reinforced reinforced concrete foundations of a floating isolated foundation set on piles, as needed by the machinery concerned, to reduce reduce all all noise noise and vibratio vibration n to a reason reasonabl able e minim minimum um.. Noise Noise which which is object objectio ionab nable le due due to inter intermi mitte ttence nce beat beat frequ frequenc ency y or high high pitch pitch shall shall not not be allowed unless enclosed in sound proof buildings as tested and approved by the city officials concerned. b. SMOKE. Any smoke emitted from any source source for a period aggregating aggregating seven (7) minutes in any any thirty minute interval interval particularly particularly when starting starting a new fire, shall have a density not not greater than No. 2 of the Ringlemann Ringlemann Chart. c. DUST, DIRT AND FLY ASH. The emission of dust, dirt or fly ash from any sources or activity activity which which shall shall pollut pollute e the air and render render it uncle unclean, an, destru destructi ctive, ve, unheal unhealthf thful ul or hazard hazardous ous,, or cause visibi visibilility ty to be impai impaired red,, shall shall not be permitted. In no case whatsoever whatsoever shall dust, dirt or fly ash be allowed to exceed 0.68 0.68 gram gram per cubic cubic meter meter of fuel gas at stack stack temper temperatu ature re at 60 degrees degrees centigrade or to create a haze with opaqueness equivalent equivalent to or greater than No. 1 of the Ringlemann Chart. d. ODORS AND GASES. The emission of foul odors and gases deleterious to public health, safety and general welfare shall not be permitted. Activities emitting foul odors and obnoxious gases shall be enclosed by airtight buildings provided with air conditioning system, filters, deodorizing deodorizing and other air cleaning equipment.


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e. GLARE AND HEAT. HEAT. Glare and heat heat from any operation operation or activity activity shall not be allowe allowed d to be radiat radiated, ed, seen seen or felt from any point point beyon beyond d the limits limits of the property which shall not create any nuisance or danger to adjoining properties or to the community in general. f. INDUSTRIAL INDUSTRIAL WASTES. Industrial plant wastes shall be disposed disposed of only only in a manner which shall not create any nuisance or danger to adjoining properties or to the community in general. g. SEWAGE DISPOSAL. No sewerage dangerous to the public health, safety and genera generall welfa welfare re shall shall be disch discharg arged ed into into any publi public c sewer sewer system system,, natura natural l waterways or drainage drainage channel. In addition addition to the following following requirements, requirements, all sewera sewerage ge shall shall comply comply with with pertin pertinen entt requi requirem rement ents s of the DENR-E DENR-EMB, MB, the Natio National nal Pollu Pollutio tion n Contro Controll Commi Commissi ssion on and the Local Local Ordina Ordinance nce.. Acidit Acidity y or alkalinity shall shall be neutralized neutralized to a PH of between 6.5 and and 8.5 as daily average to volumetric basis with temporary variations variations of 5.0 to t o 0.0 PH. Wastew Wastewate aterr shall shall not not contai contain n substa substance nces s at levels levels consid considere ered d toxic toxic to whatever whatever organisms organisms are considered considered benefited benefited by the receiving receiving waters waters which maybe maybe by man, fishes fishes or other other organism organisms. s. Waste waters waters shall shall not contain contain oil oil and grease in excess excess of 300 PPM or exceed exceed a daily average average of 10 PPM. ENVIRONMENTAL/IMPACT/ASSESS ENVIRONMENTAL/IMPACT/ASSESSMENT/STATEMENT MENT/STATEMENT . – Major Major constructi constructions/ ons/deve developm lopment/a ent/activi ctivities ties may be required required by the City City Plann Planning ing & Devel Developm opmen entt Office Office or by the local local governm governmen entt to submit submit an Environmental Environmental Impact Statement for review review by the authorities authorities concerned. concerned. The following requirements requirements shall be submitted submitted by the applicants: applicants: 1) Detailed Detailed descri description ption of the propose proposed d developme development nt or activity. activity.

2) Detailed description of the physical, biological, social environment within which the proposed development or activity will be placed. 3) Detai Detailed led descri descripti ption on of the existi existing ng plants, plants, if there there is any, any, which which will will be affected by the proposed development development or activity. 4) Deta Detail iled ed desc descri ript ptio ion n of prob probab able le dire direct ct or indu induce ced d impa impact ct of the the proposed activity activity on the physical, physical, biological and social environment. environment. 5) Comparis Comparison on of impact impact of alternati alternative ve actions actions..

6) Detailed description of the proposed measures that will be provided or to be incorporated in the project development to ensure the environmental soundness and acceptability acceptability of the project. BUFFER STRIPS/EASEMENTS STRIPS/EASEMENTS . – In the the utilization, utilization, exploitation, exploitation, development, development, conservation and protection of water resources, the f ollowing ollowing setbacks and/or easements along along the entire length length of the banks of rivers, creeks, and streams streams shall be observed: Three (3) meter-setback for all urban use


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Twenty (20) meter-setback for all agricultural uses Forty (40) meter-easement for all forest uses No person shall be allowed to stay in these t hese easement zones longer than what is necessary for space or recreation, navigation, float age, fishing, salvage or to build structures of any kind and other similar activities. ENVIRONMENTAL ENVIRONMENTAL COMPLIANCE CERTIFICATE (ECC). – Notwithstanding Notwithstanding the issuance issuance of locational clearance, development development permit permit and building permit, no environmentally critical projects nor projects located in environmentally critical areas as defined by Presidential Proclamation No. 2146 shall be commenced, developed or operated unless the requirements of ECC have been satisfactorily complied with. Section 58 - shall now now be added as the Creation of City Zoning Board of Adjustments and Adjustments and Appeals

CREATION OF THE CITY ZONING REVIEW COMMITTEE – COMMITTEE – The Mayor Mayor hall designat designate e the members members of the City Zoning Review Review Committee Committee composed composed of the the Chairman Chairman of the the SP Land Use Committee, City Planning & Development Office, City Health Offic Officer er,, City City Agric Agricul ultu turis rist, t, Pres Presid iden entt of the the Asso Associ ciat atio ion n of Barangay Barangay Captains, Captains, City Engineer, Engineer, PNP Chief of Police, Police, ENRO ENRO Offi Office cer, r, Agra Agrari rian an Refo Reform rm Offi Office cer, r, Dist Distri rict ct Scho School ol Superviso Supervisor, r, Three (3) Private Private Sector Sector Representa Representatives tives ) and and Two (2) (2) NGO NGO Rep Represe resen ntati tativ ves. es. The City City Pla Plannin nning g and and Development Office shall serve as its Secretariat.The Review Committee shall convene quarterly. •

FUNCTIONS OF THE CITY ZONING REVIEW COMMITTEE. – The City Zoni Zoning ng Revi Review ew Comm Commit itte tee e shal shalll hav have the the foll follow owin ing g powe powers rs and and functions:

A. Review the zoning ordinance for the following purposes: a1. Determine what amendments or revisions are necessary in the zoning ordinance because of changes that might have been introduced in the local development plan. a2. Determine what changes would have to be introduced in the local deve develo lopm pmen entt plan plan in the the ligh lightt of perm permit its s give given n exce except ptio ions ns and and variances granted. a3. Identify what provisions of the Ordinance have been difficult to enforce or are unworkable. a4. Upon petition for re-zoning a5. Due to introduction of projects of national significance


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a6. Other reasons which are appropriate for consideration B. Recomm Recommend end to the Sanggu Sanggunia niang ng Panlun Panlungso gsod d necess necessary ary legisla legislativ tive e amen amendm dmen ents ts and and to the the City City Deve Develo lopm pmen entt Coun Counci cill the the need needed ed changes in the plan as a result of the review conducted conducted by it. C. Provide information to the Housing and Land Use Regulatory Board that would be useful in the exercise of the functions of the Commission.The Committee shall, in its review and evaluation, enforce this Ordinance to the fullest flexibility in a logical and practical manner whereby it will not be detrimental to the public nor nor discriminatory in its evaluation of each and every applicatio applications ns for locational locational clearance clearancesnotw snotwithsta ithstanding nding the provisions set forth in this Ordinance. Section 59 – shall now now b be be e added as as Creation Creation of the the City City Zoning Review Review Committee CREATION OF THE CITY ZONING BOARD OF ADJUSTMENT AND APPEALS –The City Mayor shall designate the members of the City Zoning Board of Adjustments and Appeals Appeals composed composed of the following members: members: City Mayor as Chai Chairma rman n and the City City Legal Legal Office Officer, r, City City Assess Assessor, or, City City Engine Engineer, er, City City Plann anning ing and Devel evelo opment ment Coord ordinato ator, Two Two (2) (2) Pri Private ate Secto ctor Representatives, Representatives, and Two (2) NGO Representatives Representatives as members. The City City Planning and Development Development Staff shall serve as its Secretariat. Members of the Board may be removed from office for just cause after written charges had been filed and a hearing held for the purpose. The concurring vote of eight (8) members shall be necessary to reverse the order, decision or determination determination of the City Planning & Development Development Officer.

1. POWERS – The Zoning Board of Adjustments and Appeals shall, after prior prior review and recommendation recommendation by the City Planning Planning & Development Development Office have the powers to: a) Hear and decide appealed cases where it is alleged that there is a substantial error in any decision, order or determination made by the City Planning & Development Development Office in the enforcement of this Ordinance; b) Grant variance and exceptions as provided for in this Ordinance; c) Act on applications applications for complaints and opposition to applications. 2. PROCEDURE IN THE ZONING BOARD OF ADJUSTMENT AND APPEALS. – The Board shall adopt rules necessary for the conduct of its affairs. Meetings shall be held at the call call of the chairman and at such such other times as the Board may determine. determine. The Chairman, Chairman, or in his absence, absence, the acting chairman, may adminis administer ter oaths oaths and compel compel the the attend attendance ance of witnesse witnesses. s. All All meetin meetings gs shall be open to the public.


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The Board shall keep a minute of its proceedings showing the vote of each member upon each question raised and keep a record of its official actions, all of which shall constitute a public record. 3. APPE APPEAL ALS. S. Any Any pers person on aggr aggrie ieve ved d by by the the dec decis isio ion n of of the the Cit City y Pla Plann nnin ing g & Devel Developm opment ent Office Office regar regardi ding ng the interpr interpreta etatio tion, n, admin administ istrat ration ion or enfor enforcem cement ent of this this Ordina Ordinance nce may appea appeall to the City Zoning Zoning Board Board of Adjustment and Appeals. Such appeal shall be taken within a reasonable time, but not exceeding sixty (60) days from the receipt of the notice of the decision or action taken by the City Zoning Administrator, Administrator, by by filing with with the same and with the Board, a notice of appeal specifying the grounds therefore. The City Planning & Development Development Officer r shall forthwith transmit to the Board all papers papers constituting the record upon upon which the action appealed appealed from was taken. The Board of of Adjustment and Appeals Appeals shall fix the time and place place for the hearing hearing of the appeal, appeal, give due notice to the parties and decide decide the same same withi within n a reaso reasona nable ble time. time. Decis Decision ion of the Board Board shall shall be final final and executory.

4. LIMI LIMITA TATI TION ONS S ON ON THE THE POWE POWER R AND AND AUT AUTHO HORI RITY TY OF THE THE BOA BOARD RD.. – The Zoning Board of Adjustments and Appeals is a quasi-judicial body. As such, it shall have no power and authority to amend, alter, repeal or legislate a zoning zoning ordinance. ordinance. The territorial territorial jurisdiction jurisdiction of of the Board shall be limited to the City from which it derives its authority. Decisions of the City Zoning Board of Adjustment and Appeals shall be appealable to the HLURB.

Prior to the approval of Ordinance No. 2008-18 , a public hearing was

on October 23, 2008 at the Function Hall of the Toledo Traveler’s

Inn, Toledo Toledo

Commercia Commerciall

Village Village for the purpose purpose of presenting presenting to the

general public the proposed amendments of the 2002 Zoning Ordinance which was attended by different sectors.


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chapter 9 - land use plan

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