Variances and Exceptions

Variances and/ or Exceptions from the provisions of this Ordinance may be allowed by the Local Zoning Board of Appeals (LZBA) only when the following terms and conditions exist:

1. Variances (deviation from applicable Building Bulk and Density Regulations, Building Design Regulations and Performance Standards) 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.

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 this Ordinance.

2. Exceptions (deviations from Allowable Use provisions)

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.

Reference: CLUP Guidebook 2013 Volume 3 p.74

The procedure for evaluating applications for Variances and/or Exceptions is as follows:

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.

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.

Reference: CLUP Guidebook 2013 Volume 3 74-75