08/11/2023
ZONING ENFORCEMENT
AR. FRANZ THOMAS P. ZARAGOZA, EnP
Environmental, Land Use and Urban Planning & Development Division
Department of Human Settlements and Urban Development – Region VI
PRESENTATION OUTLINE
COMPOSITION, FUNCTIONS AND
RESPONSIBILITIES OF THE LOCAL ZONING
BOARD OF APPEALS (LZBA)
COMPOSITION AND FUNCTIONS OF THE
LOCAL ZONING REVIEW COMMITTEE (LZRC)
MITIGATING DEVICES
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COMPOSITION OF THE LOCAL ZONING BOARD OF APPEALS (LZBA)
The LZBA are composed of the following members:
1. City or Municipal Mayor as Chairman
2. SP/SB Committee Chairperson on Land Use/Zoning (If said
committee is non-existent, the SP/SB may elect a representative)
3. City or Municipal Legal Officer
4. City or Municipal Assessor
5. City or Municipal Engineer
6. City or Municipal Planning and Development Coordinator (if other
than the Zoning Administrator/Zoning Officer)
COMPOSITION OF THE LOCAL ZONING BOARD OF APPEALS (LZBA)
7. City/Municipal Community Environment and Natural Resources
Officer/Disaster Risk Reduction and Management Officer
8. Two (2) representatives of the private sector nominated by their
respective organizations
9. Two (2) representatives from non-government and civil society
organizations nominated by their respective organizations.
• The City/Municipal Planning and Development Office serves as the Secretariat
to the LZBA.
• The LZBA may invite resource persons in support of the performance of its
functions.
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FUNCTIONS AND RESPONSIBILITIES OF THE LZBA
The LZBA performs the following functions and responsibilities:
1. Act on applications of the following nature:
a.
b.
c. Non – Conforming Uses
d. Complaints and Oppositions to Application/s
2. Act on appeals on Grant or Denial of Locational Clearance by the
Zoning Administrator/Zoning Officer.
FUNCTIONS AND RESPONSIBILITIES OF THE LZBA
3. Act on appeals regarding the non-conformity of existing uses,
buildings or structures to the applicable provisions of this Ordinance.
4. Decisions of the LZBA are carried by an absolute majority vote (50%
+ 1) of its members.
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APPEALS TO LZBA DECISIONS
Decisions of the LZBA shall be appealable to the
(HSAC)
LZRC: REVIEW OF THE ZONING ORDINANCE
The Local Zoning Review Committee (LZRC) is created under the
City/Municipal Development Council, to review the integrated ZO
considering the CLUP, based on the following reasons/ situations:
1. Updating/Revision of the CLUP
2. Introduction of projects of national and/or local significance
3. Force majeure events with City/Municipal-wide land use implications
4. Petition for re-zoning/re-classification with City/Municipal-wide
implications
5. Increasing number of applications/issuances invoking Variances and
Exceptions
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COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE (LZRC)
The Local Zoning Review Committee is composed of the following:
1. Sangguniang Panlungsod/Bayan Chairperson on Land Use/Zoning (or
equivalent committee)
2. City/Municipal Planning and Development Coordinator
3. City/Municipal Zoning Administrator/Zoning Officer
4. City/Municipal Assessor
5. City/Municipal Legal Officer
6. City/Municipal Engineer
7. City/Municipal Community Environment and Natural Resources
Officer/Disaster Risk Reduction and Management Officer
COMPOSITION OF THE LOCAL ZONING REVIEW COMMITTEE (LZRC)
8. City/Municipal Agriculturist
9. Municipal Agrarian Reform Officer
10. President, Association of Barangay Captains
11. Three (3) Private Sector Representatives such as from Local
Chamber of Commerce, local housing industry, federation of
homeowner’s associations, and academe.
12. Two (2) non-government and civil society organization
representatives
• The City/Municipal Planning and Development Office shall serve as the Secretariat to the
LZRC.
• The LZRC may invite resource persons in support of the performance of its functions.
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FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE
The Local Zoning Review Committee have the following functions:
1. Review the Zoning Ordinance for the following purposes:
a) Determine amendments or revisions necessary in the Zoning
Ordinance because of changes that might have been introduced in
the Comprehensive Land Use Plan.
b) Recommend changes to be introduced in the Comprehensive Land
Use Plan and the Zoning Ordinance in the light of permits granted
such as variances and exceptions, and increasing applications for
rezoning and reclassification.
FUNCTIONS OF THE LOCAL ZONING REVIEW COMMITTEE
2. Recommend to the Sangguniang Panlungsod/Bayan necessary
legislative amendments on the needed changes in the integrated ZO
as a result of the review conducted.
3. Coordinate with DHSUD of the recommended changes to the
integrated ZO as a result of its review.
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AMENDMENTS TO THE INTEGRATED ZO
Changes in the integrated ZO, as a result of the review by the LZRC
shall be treated as an amendment, provided that any proposed
amendment to the Zoning Ordinance or provisions thereof shall be
subject to public hearing and shall be carried out through a three-
fourths vote of the Sangguniang Panlungsod/Bayan.
Any amendment shall take effect only after approval and authentication
by DHSUD or Sangguniang Panlalawigan.
DEVIATION
1. VARIANCES (deviation from applicable Building
Bulk and Density Regulations, Building Design
Regulations and Performance Standards)
2. EXCEPTIONS (deviations from Allowable Use
provisions)
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DEVIATION
VARIANCES and/ or EXCEPTIONS from the provisions of the Zoning
Ordinance may be allowed by the Local Zoning Board of Appeals (LZBA)
only when the following terms and conditions exist:
VARIANCE may be allowed provided that proposals satisfy all of the following
provisions:
a) Conforming to the provisions of the Ordinance will cause undue hardship on
the part of the owner of the property due to physical conditions of the property
(topography, shape, etc.), which is not self-created.
b) The proposed variance is the minimum deviation necessary to permit
reasonable use of the property.
DEVIATION
c) The variance will not alter the intended physical character of the zone and
adversely affect the use of the other properties in the same zone such as
blocking-off natural light, causing loss of natural ventilation or encroaching in
public easements and the like.
d) That the variance will not weaken the general purpose of the Ordinance and
will not adversely affect the public health, safety or welfare.
e) The variance will be in harmony with the spirit of the Ordinance.
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DEVIATION
EXCEPTIONS may be allowed provided that proposals satisfy all of the following
conditions:
a. The exception will not adversely affect the public health, safety and welfare
and is in keeping with the general pattern of development in the community.
b. The proposed project shall support economic based activities/provide
livelihood, vital community services and facilities while at the same time posing
no adverse effect on the zone/community.
c. The exception will not adversely affect the appropriate use of adjoining
properties in the same zone such as generating excessive vehicular traffic,
causing overcrowding of people or generating excessive noise and the like.
d. The exception will not alter the essential character and general purpose of the
zone where the exception sought is located.
PROCEDURES FOR EVALUATING VARIANCES AND/OR
EXCEPTIONS
1. The project proponent shall file a written application for Variance and/or
Exception with the LZBA citing the section(s) of this Ordinance under which
the same is sought and stating the ground/s thereof.
2. Upon filing of application, a visible project sign, (indicating the name and
nature of the proposed project) shall be posted at the project site. This sign
shall be maintained until the LZBA has rendered a decision on the
application.
3. The LZBA shall conduct preliminary studies on the application. These
application papers shall be made accessible to the public.
4. A written affidavit of no objection to the project by the owners of the
properties immediately in front of and abutting the project site shall be filed by
the applicant with the LZBA within fifteen (15) days upon filing of application.
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PROCEDURES FOR EVALUATING VARIANCES AND/OR
EXCEPTIONS
5. The LZBA shall hold public hearing(s) to be held in the concerned barangay.
6. At the hearing, any party may appear in person, or be represented by
agent/s. All interested parties shall be accorded the opportunity to be heard
and present evidences and testimonies.
7. The LZBA shall render a decision within thirty (30) days from the filing of the
application, exclusive of the time spent for the preparation of written affidavit
of non-objection and the public hearing(s).
All expenses to be incurred in evaluating proposals for Variances and/ or
Exceptions shall be shouldered by the project proponent.
THANK YOU
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