SECTION 1. APPLICATION OF DISTRICT REGULATIONS - The regulations set by this Zoning Ordinance within each district unless otherwise provided, shall apply uniformly to each class or kind of structure or land, as follows :
1. No building, structure or land shall hereafter be used, or occupied, and no building or structure or part thereof shall hereafter be erected, constructed or reconstructed, moved or structurally altered except in conformity with all the regulations herein specified for the district in which it is located.
2. No building or other structures shall hereafter be erected or altered :
2.1 to exceed the prescribed height or bulk in that zone or district;
2.2 to accommodate or house a greater number of families;
2.3 to occupy a greater percentage of lot area;
2.4 to have narrower or smaller yard requirement or in any other manner contrary to the provisions of this Zoning Ordinance.
3. No yard or lot existing at the time of the passage of this Zoning Ordinace shall be reduced in dimension of areas below the minimum requirements set forth herein.
4. Any form of land development such as site grading, construction of curbs and gutters, fencing, etc., shall not be allowed unless adequate provisions are made for
adequate environmental protection to safeguard the areas adjacent to the proposed development from flooding, noise pollution and other physical effects contrary to public welfare. No fence for any purpose shall exceed a height of 2.50 meters nor shall it obstruct
Res. No. 1441, Ord. No. 1656, cont’d.
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-the easement of light and view or drainage by gravity.
Except for the use of interlink wires, solid fencing of private roads is strictly prohibited as this will deprive adjoining building owners the right of free air, access and environmental comfort. No road nor drainage construction in subdivision areas or private and public lots shall be undertaken without first securing a construction permit from the City Engineer. The road permit and drainage permit fees shall be determined by the Cebu City Zoning Board duly passed by the Sangguniang Panlungsod and approved by the City Mayor. A surcharge of 100% shall be imposed if construction is started before a permit is obtained.
5. The consent of homeowner’s associations and/or barangay associations and adjacent property owners shall first be obtained before any permit for any land development is issued, covering an area of 5,00 square meters.
6. All land development projects covering housing subdivision, horizontal condominiums, residential condominium, must conform to the rules and regulations as stipulated in PD 957. All applications for housing subdivisions and residential condominiums must have the necessary clearance from the National Housing Authority (NHA) before any action is taken regarding such applications. The City, in recognizing the objectives of subdivision dwellers, must respect and uphold all regulations and by-laws governing the same in so far as they are not inconsistent with existing laws.
7. Ten percent (10%) of all residential land use district shall be reserved for low-cost housing as shall be determined by the Cebu City Zoning Board and approved by the Sangguniang Panlungsod.
8. Company housing in industrial establishments shall be encouraged and allowed, subject however, to regulation and approval by the Cebu City Zoning Board.
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-SECTION 2. ENVIRONMENTAL IMPACT ASSESSMENT - Major constructions, activities may be required by the Zoning Administrator of the City Government to submit an Initial Environmental Examination (IEE), a draft and final Environmental Impact Statement (EIS) and an Environmental Impact Assessment (EIA) as shall be required by the National Environmental Protection Council (NEPC) for review.
The following requirements for IEE shall be submitted by the applicant or project proponent :
a) information on the project proponent (name and address);
b) location of project (use maps to show specific project site);
c) project description (type, objectives and purpose, size, estimated cost and description of surrounding areas);
d) suggested mitigation measures and alternations;
e) identification and evaluation of environmental impacts.
The requirements for the Environmental Impact Statement (EIS) and the Environmental Impact Assessment (EIA) shall be in accordance with the guidelines established by the National Environmental Protection Council (NEPC) of the Housing and Land Use Regulatory Board (HLURB).
SECTION 3. SPECIAL USE PERMIT - The following shall require a Special Permit from the Sangguniang Panlungsod upon recommendation from the Cebu City Zoning Board in accordance with the criteria below prescribed subject to payment of corresponding fees.
1. Dumping Sites :
1.1 Adequate fencing shall be put up to prevent undue scattering of wastes;
1.2 Poisoning of rats and spraying of flies and the general maintenance of the dumping sites shall be the sole responsibility of the applicant;
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-1.3 The dumping site shall not be located outside of the applicant’s premises if private, and shall be located within a reasonable distance from residential zone, if public;
1.4 Other sanitary requirements of the Code of Sanitation shall be complied with.
2. Composting Plants :
2.1 They shall not as far as practicable be located within residential zones;
2.2 A site inspection shall be required to determine that the proposed plant does not constitute safety hazard to the adjacent land use and to the community in general;
2.3 Their sound maintenance shall be the sole responsibility of the applicant and/or the persons running them.
3. Radio Transmitting Stations / Towers:
3.1 They shall be located within commercial zones;
3.2 Their sound maintenance shall be the exclusive responsibility of the applicant/or persons running them;
3.3 Where public welfare demands, however, they may not be denied location in some residential zones, provided the preceding condition is complied with.
4. Private Landing Strip, Runway, Heliports and Helipads : 4.1 They shall not be located within residential zones;
4.2 They must be at least 100 meters from the nearest residential zone or residence;
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-4.3 A written authority to operate shall be obtained from the Bureau of Air Transportation by the applicant at least 90 days before the intended date of operation, and a notice shall be posted or published in at least one of the daily newspapers to determine public opposition to the proposed landing site;
4.4 Sworn statements of the owners of the adjoining lands signifying their conformity or non-conformity to the proposed landing site shall be obtained by the applicant at least 30 days before the intended date of operation.
5. Cockpits :
5.1 They shall be located at least 200 meters from the nearest residential, commercial or institutional structures in the community;
5.2 They shall be located in open areas so as not to cause undue noise, annoyance, traffic hazard or other dangers to the safety and order of the community nor disturb the undertaking of the allowed uses in the vicinity;
5.3 Adequate parking space, noise-reducing facilities and buffer areas planted to trees with a width of at least three (3) meters shall be provided.
6. Open Storages :
6.1 They shall be located within reasonable distance from schools, churches, hospitals and other similar buildings, preferably 60 to 90 meters away or more;
6.2 Their sound maintenance shall be the sole responsibility of the applicant.
SECTION 4. TRAFFIC GENERATORS - All traffic generating buildings and structures allowed in any of the districts must provide for adequate parking spaces for the employees, clients and visitors.
Res. No. 1441, Ord. No. 1656, cont’d.
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-SECTION 5. POLLUTION CONTROL - For effective pollution control, all manufacturing industries must apply for locational clearance from the National Pollution Control Commission (NPCC) and the Housing and Land Use Regulatory Board (HLURB).