Applications Invoking

Applications under Article VIII shall be reviewed by the LZBAA. All documents of the application in consideration shall be required by the LZBAA form the MZO.

Procedure

The following is the procedure in the evaluation of applications under Article VIII:

1. Upon receipt of the written application for Variance and/or Exception, the LZBAA shall require the following from the proponent:

a. To post a visible project sign indicating the name and nature of the proposed project at the project site and that comments regarding the proposal are being solicited by the LZBAA. Comments will be solicited within a period of 15 days from the date of posting.

The minimum dimensions of the project sign shall be 1.20 (height) x 2.401 (width) meters, the base of which shall be elevated from the sidewalk level at no less than 1.00 meters. All writings shall be white in color on a dark green background. The contents of the project sign shall be as follows:

A

(Name/Nature of the Project) IS BEING PROPOSED ON THIS SITE FOR COMMENTS, PLESE WRITE TO THE

Municipal Zoning office Taguig Municipal Hall

Comments will be accepted until (date)

b. To submit duly notarized Affidavits of No Objection to the project form the following:

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- Owners of the properties immediately beside (three sides) and directly in front of the proposed project site.

- Homeowners’ Association (if applicable) - Barangay Chairman

These affidavits shall be submitted to the LZBAA within 15 days upon the applicant’s filling of the written application to the Mayor. Examples of these affidavits aree presented in Exhibits 16, 17 and 18.

2. The LZBAA shall conduct preliminary studies on the application. These studies shall be based on the ability of the proposal to meet the criteria indicated in Section 32 of the LUGS.

3. During the course of its studies, the LZBAA may request the applicant for a conference/s to thresh out issues in the application.

4. In case objections from the public are received by the LZBAA, it shall hold a public hearing. The notice for the hearing shall be published at least once in a newspaper of local circulation. It shall also be posted at the applicant. At the hearing, any party may appear in person, or be represented by agent/s. all interested parties shall be accorded to opportunity to be heard and present evidences and testimonies.

5. The LZBAA shall render a decision with 30 days upon receipt of all required documents, exclusive of the time spent for the public hearing/s in case of any objection to the granting of exception/variance.

Evaluation Criteria

All criteria for Variances and Exceptions shall be answered on the affirmative during the LZBAA’s deliberation on the appeal. These criteria are by no means exhaustive or all inclusive. The LZBAA may require other criteria, when deemed necessary, to ensure land use and neighborhood compatibility. The LZBAA’s Evaluation Forms are presented in Exhibits 19 and 20 while a sample LZBAA Decision is shown Exhibit 21.

 Variance

These may be allowed only when all of the following terms and conditions are met:

1. Conforming to the provisions of the LUGS will cause undue hardship on the part of the owner or occupant of the property due to physical conditions of the property (topography, shape, etc.) which is no self-created.

These limiting characteristics may be one or a combination of the following:

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- Small and narrow lots and/or those with narrow frontages - Lots with irregular shapes

- Lots with difficult topography

2. The proposed variance is the minimum deviation necessary to permit reasonable use of the property.

Variance may be sought under any, combination or all of the following provisions f the LUGS:

a. Article VI Performance Standards

i. Criteria 1, 2, 3 and 8 under Section 21 – Buffer Yards

- The applicant warrants that the required buffers could not be provided due to the dimensional and/or physical limitations of the proposed project’s site.

ii. Criteria 1, 4, and 11 under Section 22 – Environmental Conservation and Protection Standards

- Views would be obstructed

- Significant streams, warehouses, wetlands, lakes or ponds have to be altered, re-graded, developed, piped, diverted or built upon

- Tree/s, as defined under this section, has/have to be cleared or cut iii. Criteria 5 under Section 26 – Site Performance Criteria

- On-site public utility vehicle parking areas and/or loading/unloading bays cannot be provided.

b. Article VII Specific Zone Guidelines

i. Item 2 – Land Use Intensity Controls of all sections under Article VII - Requirements of PLO, FAR BHL and/or AISAR cannot be complied with

The other provisions of the LUGS that are not cited above are considered as absolute provisions that have to be complied with by all developments. Applications seeking relief from provisions other than those indicated here shall not be entertained. Further, the requirements of the National Building Code, PD 957, BP 220 and other related laws may not be waived.

3. The Variance will not substantially or permanently injure the use of the other properties in the same zone such as blocking off natural light, causing loss of natural ventilation, encroaching in public easements and the like.

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The proposal shall be assessed relative to its impact on the neighborhood or according to its ability to meet the objectives of the specific Article and Section of the LUGS under consideration. The following criteria have to be met in order for the application to be further considered:

a. Article VI Performance Standards

i. Criteria 1, 2, 3 and 8 under Section 21 – buffer Yards

- Variance will block off the adjacent properties’ access to light and ventilation?

Has/have the consent/s of immediately adjacent property owner/s been obtained?

- Variance is a Light Industrial Use and cannot provide the 3 – meter open space buffer along its periphery. Will it comply with the minimum yard and setback requirements of the National Building Code or will it be installing a firewall with the consents of the owner of the affected property?

ii. Criteria 1, 4, and 11 under Section 22 – Environmental Conservation and Protection Standards

- Views would be obstructed. Does the site possess severe limitations to preclude the preservation of views?

- Significant stream, watercourses, wetlands, lakes, or ponds have to be altered, re-graded, developed, piped, diverted or built upon. Will measures be provided to prevent flooding in adjacent properties?

- Tree/s, as defined, has/have to be cleared or cut. Has the proponent secured a tree=cutting permit from the DENR?

iii. Criteria 5 under Section 26 – Site Performance Standards

- On-site public utility vehicle parking areas and/or loading/unloading bays cannot be provided. Will traffic congestion not be a problem along the roads immediately servicing the project site?

a. Article VII Specific Zone Guidelines

i. Item 2 – Land Use Intensity Controls of all sections under Article VII

- Will exceed the maximum Floor Area Ration. Will it not cause excessive traffic in the area and will it meet all the applicable criteria under Articles V and VI of this section?

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- Will exceed the maximum Percentage of land Occupancy. Is it within the Private Open Space Requirements of the National Building Code and will it meet all the applicable criteria under Articles V and VI of this section?

- Will exceed the Building Height Limit. Is it within the height Clearance requirements of the ATO and will it meet Criteria 1 under Articles V and VI of this section?

- Will exceed the Allowable Impervious Surface Area Ratio. Will it not cause flooding in the adjacent properties?

4. The variance will not adversely affected the public’s health and safety.

a. Will the proposed Variance not pose health hazards to its neighborhood? If necessary, the proponent should exhibit proofs of mitigating devices.

b. Will the proposed Variance not pose safety hazards such as fire, explosions an others to its neighborhood? If necessary, the proponent should exhibit proofs of mitigating devices.

 Exceptions

If the Exception seeks reliefs from the Allowed Use provision, the following terms and condition should be met:

1. The proposed project shall support economic based activities and provide livelihood opportunities.

a. The applicant shall submit a calculation of the project’s direct economic impact. The minimum requirement are:

i. Number of employees (permanent and casual) within the next five years ii. Wages and salaries from the new jobs

iii. Estimates on spending on personal consumption by resident of new housing and/or workers in new jobs

b. The applicant shall warrant prioritize the hiring of qualified residents of Taguig.

c. With complex and large-scale proposals, such as regional shopping centers, industrial estates and the like, the LZBAA may require the applicant to submit its Feasibility Study that includes Economics and Fiscal Impact Analysis.

2. The proposal shall not causes excessive requirements at public cost for public services and will not be detrimental to the economic welfare of Taguig.

a. This is an assessment of the proposed project’s social impacts particularly on the requirement for basic community services.

i. Estimated number of new (in-migrating) resident that may be generated buy the proposal (on-and off the project site) at full build-out

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ii. Estimated number of households due to new residents

iii. Type and number of social service facilities to be provide by the new development (schools, health, recreational, religious, security, fire protection)

b. The LZBAA may gauge this information versus requirement for additional social service facilities such as schools, health, recreational, religious, police and fire protection. As in item c above, c complex and large-scale project may be required to submit a Social Impact Analysis to be included in its Feasibility Study.

3. The proposal 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 other nuisances.

a. Will the proposal causes vehicular traffic congestion along the street/s servicing the project site? If yes, the mitigating devices under the TIA may be reviewed by the LZBAA. If a TIA has not been prepared at this stage, the LZBAA may require the preparation of one.

b. Will the proposal attract a significant number of people to affect the present character of its immediate vicinity? If yes, are there adequate crowed control measures indicated in the proposal? A Certificate of No LZBAA from the proponent.

If the Exception will seek further reliefs from the performance and dimensional provisions of the LUGS, the following should additionally be met:

4. The proposed Exception is the minimum d3eviation necessary to permit reasonable use of the property.

a. Article VI Performance Standards

i. Criteria 1,2,3 and 8 under Section 21 – Buffer Yards

- The applicant warrants that the required buffers could not be provided due to the dimension and/or physical limitations of the proposed project’s site.

ii. Criteria 1,4 and 11 under Section 22 – Environment Conservation and Protection Standards

- Views would be obstructed

- Significant streams, watercourse, wetlands. lakes or ponds have to be alternate, re-graded, developed, piped, diverted or built upon

- Tree/s, as defined under this section, has/have to be cleared or cut

iii. Criteria 5 under Section 26 – Site Performance Standards

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- On – site public utility vehicle parking areas and/or loading/unloading bays cannot be provided.

b. Article VII Specific Zone Guidelines

i. Items 2- Land Use Intensity Controls of all sections under Article VII - Requirement of PLO, FAR,BHL and/or AISAR cannot be complied with

The other provisions of the LUGS that are not cited above are considered as absolute provision that have to be complied with by all developments. Application seeking reliefs from provision other than those indicated here shall not be entertained.

Further, the requirements of the National Building Code, PD957,BP 220 and other related laws may not be waived.

5. The proposed Exception will not substantially or permanently injure the use of the other properties in the same zone as blocking off natural light, causing loss of natural ventilation, encroaching in public easement and the like.

The proposal shall be assessment relative to its impact on the neighborhood or according to its ability meet the objective of the spe3cific Article and met in order for the application to be further considered:

a. Article VI Performance Standards

i. Criteria 1 ,2 ,3 and 8 under Section 21 – Buffer Yards

- Exception will block off the adjacent properties’ access to light and ventilation?

Has/have the consent/s of immediately adjacent property owner/s been obtained?

- Exception is a Light Industrial Use and cannot provide the 3-meter open space buffer along its periphery. Will it comply with the minimum yard and setback requirement of the National Building Code or will it be installing a firewall with the consent of the owner of the affected property?

ii. Criteria 1, 4 and 11 under Section 22 – Environment Conservation and Protection Standards

- Views would be obstructed. Does the site posses severe limitations to preclude the preservation of views?

- Significant streams, watercourses, wetlands, lakes or ponds have to be altered, re-graded, developed, piped, diverted or built upon. Will measures be provided to prevent flooding in adjacent properties?

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- Tree/s, as defined, has/have to be cleared or cut. Has the proponent secured a tree-cutting permit from the DENR?

iii. Criteria 5 under Section 26 – Site Performance Standards

- On-site public utility vehicle parking areas and/or loading/unloading bays cannot be provided. Will traffic congestion not be a problem along the roads immediately servicing the project site?

b. Article VII Specific Zone Guidelines

i. Item 2 – Land Use Intensity Controls of all sections under Article VII

- Will exceed the maximum Floor Area Ratio. Will it not cause excessive traffic in the area and will it meet all the applicable criteria under Articles V and VI of this section?

- Will exceed the maximum Percentage of Land Occupancy. Is it within the Private Open Space Requirements of the National Building Code and will it meet ll the applicable criteria under Articles V and VI of this section?

- Will exceed the Building Height Limit. Is it within the Height Clearance requirements of the ATO and will it meet Criteria 1 under Articles V and VI of this section?

- Will exceed the Allowable Impervious Surface Area Ratio. Will it not cause flooding in the adjacent properties?

6. The Exception will not adversely affect the public’s health and safety.

a. Will the proposed Exception not pose health hazards to its neighborhood? If necessary, the proponent should exhibit proofs of mitigating devices?

b. Will the proposed Exception not pose safety hazards such as fire, explosions and others to its neighborhood? If necessary, the proponent should exhibit proofs of mitigating devices.

In document Zoning Ordinance TAGUIG (Page 100-107)