Ordinance No. 8119.zoning Ordinance 2006
Ordinance No. 8119.zoning Ordinance 2006
Ordinance No. 8119.zoning Ordinance 2006
City Council
Manila
PREAMBLE
WHEREAS, the Local Government Code (R.A. 7160) of 1991, authorizes Local
Government Units to enact Zoning Ordinances subject to and in accordance with
existing laws: NOW, THEREFORE,
ARTICLE I
TITLE
ARTICLE II
AUTHORITY AND PURPOSE
ARTICLE III
DEFINITION OF TERMS
SEC. 5. Definition of Terms. - The definition of technical terms used in the Zoning
Ordinance shall carry the same meaning given to them in already approved codes and
regulations, such as but not limited to the National Building Code, Water Code,
Philippine Environmental Code, Urban Development and Housing Act (UDHA) and
other Implementing Rules and Regulations, promulgated by the Housing and Land Use
Regulatory Board (HLURB). The words, terms and phrases used in this ordinance are
hereby defined in Annex “A” of this Ordinance which is attached herewith and made an
integral part hereof and they shall be construed as being covered by such terms.
a. generic terms, such as others and the like, etc. shall be construed to
mean as including all specific terms similar to or compatible with
those enumerated;
d. the word “person” includes both the natural and juridical persons;
ARTICLE IV
ZONE CLASSIFICATION
SEC. 7. Division into Zones or Districts. - To effectively carry out the provisions
of this Ordinance, the City of Manila is hereby divided into the following zones or
districts as shown in the Official Zoning Maps.
B. Commercial Zones:
C. Industrial Zone:
D. Institutional Zones:
F. Others
9. Utility Zone (UTL)
10. Water Zone (WTR)
11. Overlay Zones:
11.1 Histo-Cultural Heritage Overlay Zone (O-HCH)
11.2 Planned Unit Development Overlay Zone (O-PUD)
11.3 Buffer Overlay Zone (O-BUF)
SEC. 8. Zoning Map. – The Official Map shall show and indicate the designation,
location and boundaries of the zones herein established. Such Official Zoning Map shall
be signed by the Mayor and duly authenticated by the Sangguniang Panlungsod and
shall be attached hereto at Annex “B” and made an integral part of this Ordinance.
1. Where zone boundaries are so indicated that they approximately follow the center
of streets or highways, the street or highway right-of-way lines shall be construed
to be the boundaries.
2. Where zone boundaries are so indicated that they approximately follow the lot
lines, such lot lines shall be construed to be the boundaries.
3. Where zone boundaries are so indicated that they are approximately parallel to the
center lines or right-of-way lines of streets and highways, such zone boundaries
shall be construed as being parallel thereto and at such distance therefrom as
indicated in the zoning map. If no distance is given, such dimension shall be
determined by the use of the scale shown in said zoning map.
5. Where the boundary of a zone follows a stream, lake or other bodies of water, said
boundary line shall be deemed to be at the limit of the political jurisdiction of the
community unless otherwise indicated. Boundaries indicated as following
shorelines, shall be construed to follow such shorelines and in the event of change
in shorelines, shall be construed as moving with the actual shorelines.
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6. Where a lot of one ownership, as of record at the effective date of this zoning
ordinance, is divided by a district boundary line, the lot shall be construed to be
within the district where the major portion of the lot is located. In case the lot is
bisected by the boundary line, it shall fall on the district where the principal use
falls.
In case of any remaining doubt as to the location of any property along zone
boundary lines, such property shall be considered as falling within the less
restrictive zone.
ARTICLE V
ZONE REGULATIONS
SEC. 11. General Provision. The uses enumerated in the succeeding sections
are neither exhaustive nor all-inclusive. The Sangguniang Panlungsod (SP) as per
recommendation from the Manila Zoning Board of Adjustment and Appeals (MZBAA)
through the Committee on Housing, Urban Development and Resettlements shall,
subject to the requirements of this Ordinance, and the Implementing Rules and
Regulations (IRR) of this Zoning Ordinance as attached herewith and made an integral
part hereof, allow other uses not enumerated hereunder provided that they are
compatible with the uses expressly allowed.
Allowance of further uses shall be based on the intrinsic qualities of the land and the
socio-economic potential of the locality with due regard to the maintenance of the
essential qualities of the zone.
SEC. 12. Use Regulations in High Density Residential/Mixed Use Zone (R-
3/MXD). An R-3/MXD shall be used primarily for high-density high-rise housing/dwelling
purposes and limited complementary/supplementary trade, services and business
activities. Enumerated below are the allowable uses:
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a. Such home industry shall not occupy more than thirty percent (30%) of
the floor area of the dwelling unit in order to maintain its residential use.
There shall be no change or alteration in the outside appearance of the
dwelling unit and shall not be a hazard/nuisance;
b. Allotted capitalization shall not exceed the capitalization as set by the
Department of Trade and Industry (DTI); (above 150,000 – 1.5 M)
c. Shall consider same provisions as enumerated in letters c, d and e of
Home Occupation of this section.
9. Multi-purpose/Barangay Hall
10. Nursing and convalescing
11. Plant nursery
12. Welfare/charitable institution
13. Public utility facility
14. Fire and security station
15. Office
16. General retail store (not shopping center)
e.g. bookstore and office supply shop, car shop, home appliance store, photo
shop, flower shop
17. Food markets and shops
e.g. bakery, bake shop, wine store, grocery, supermarket
18.. Personal services shops
e.g. beauty parlor, barber shop, sauna bath and massage clinic, dressmaking and
tailoring shops
19. Parks, garden, playgrounds, sports-related/recreational center/establishments
e.g. moviehouse/theater, playcourt, swimming pool, stadium, coliseum,
gymnasium, entertainment/amusement center, billiards
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The following is the Land Use Intensity Control ratings that shall be observed in the R-
3/MXD Zone:
SEC. 13. Use Regulations in Medium Intensity Commercial/Mixed Use Zone (C-
2/MXD). A C-2/MXD Zone shall be used primarily for medium intensity mixed use and
commercial developments for quasi-trade, business activities and service industries.
Enumerated below are the allowable uses:
1. All allowable uses in R-3/MXD Zone provided that in case of a residential building
it shall have commercial footprints
2. Transportation terminals/garage with and without repair
3. Repair shops e.g. house appliance repair shops, motor vehicles and accessory
repair shops, home furnishing shops
4. Printing/Publishing
5. Machinery display shop/center
6. Gravel and Sand
7. Lumber/hardware
8. Manufacture of ice, ice blocks, cubes, tubes, crush except dry ice
9. Manufacture of signs and advertising displays (except printed)
10. Chicharon factory
11. Welding shops
12. Machine shop service operation (repairing/rebuilding, or custom job orders)
13. Medium scale junk shop
14. Lechon or whole pig roasting
15. Biscuit factory – manufacture of biscuits, cookies, crackers and other similar dried
bakery products
16. Doughnut and hopia factory
17. Other bakery products and those not elsewhere classified
18. Repacking of food products e.g. fruits, vegetables, sugar and other related
products
19. Funeral Parlors, mortuaries and crematory services and memorial chapels
20. Carpark buildings, parking lots, garage facilities
21. Government facility
22. Cultural/educational center
23. General/Specialized hospital, medical center
24. Shopping center/department store
25. Day & night club, disco/dance hall, videoke/karaoke bar
The following is the Land Use Intensity Control ratings that shall be observed in the C-
2/MXD Zone:
SEC. 14. Use Regulations in High Intensity Commercial/Mixed Use Zone (C-
3/MXD). A C-3/MXD Zone shall be used primarily for high intensity mixed use and
commercial developments for trade, business activities and service industries. The
service area covers a metropolitan to national scale of operations. Enumerated below
are the allowable uses:
1. All uses in C-2/MXD Zone provided that in case of a residential building it shall
have commercial footprints
2. Manufacture of wood furniture including upholstered
3. Manufacture of rattan furniture including upholstered
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The following is the Land Use Intensity Control ratings that shall be observed in the C-
3/MXD Zone:
SEC. 15. Use Regulations in Light Industrial Zone (I-1). An I-1 zone shall be
used for non-pollutive/non-hazardous and non-pollutive/hazardous manufacturing/
processing establishments. Enumerated below are the allowable uses:
Non-Pollutive/Non-Hazardous Industries
1. Drying fish
2. Biscuit Factory – manufacture of biscuits, cookies, crackers and other similar dried
bakery products
3. Doughnut and hopia factory
4. Manufacture of macaroni, spaghetti and vermicelli and other noodles
5. Other bakery products and those not elsewhere classified (n.e.c.)
6. Life belts factory
7. Manufacture of luggage, handbags, wallets and small leather goods
8. Manufacture of miscellaneous products of leather, leather substitute and those
n.e.c.
9. Manufacture of shoes except rubber, plastic and wood
10. Manufacture of slipper and sandal except rubber and plastic
11. Manufacture of footwear parts except rubber and plastic
12. Printing, publishing and allied industries and those n.e.c.
13. Manufacture or assembly of typewriters, cash registers, weighing, duplicating and
accounting machines
14. Manufacture or assembly of electronic data processing machinery and accessories
15. Renovation and repair of office machinery
16. Manufacture or assembly of miscellaneous office machines and those n.e.c.
17. Manufacture of rowboats, bancas, sailboats
18. Manufacture of animal drawn vehicles
19. Manufacture of children vehicles and baby carriages
20. Manufacture of laboratory and scientific instruments, barometers, chemical
balance, etc.
21. Manufacture of measuring and controlling equipment, plumb bomb, rain gauge,
taxi meter, thermometer, etc.
22. Manufacture or assembly of surgical, medical, dental equipment and medical
furniture
23. Quick freezing and cold packaging for fish and other seafood
24. Quick freezing and cold packaging for fruits and vegetables
25. Popcorn/rice factory
26. Manufacture of medical/surgical supplies: adhesive tapes, antiseptic dressing,
sanitary napkins, surgical gauge, etc.
27. Manufacture of orthopedic and prosthetic appliances (abdominal supporter, ankle
supports, arch support, artificial limb, kneecap supporters, etc.)
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b. Non-Pollutive/Hazardous Industries
e. Accessory Uses:
SEC. 16. Use Regulations in General Institutional Zone (INS-G). An INS-G Zone
is primarily used for government, religious, cultural, educational, medical, civic,
residential and supporting commercial and service uses. Enumerated below are the
allowable uses:
The following is the Land Use Intensity Control ratings that shall be observed in the INS-
G Zone:
SEC. 17. Use Regulations in University Cluster Zone (INS-U). An INS-U Zone
shall be used primarily for educational/academic, religious, cultural, residential
developments with supporting commercial and services uses. It is often referred to as
University Belts. Enumerated below are the allowable uses:
The following is the Land Use Intensity Control ratings that shall be observed in the INS-
U Zone:
SEC. 18. Use Regulations in General Public Open Space Zone (POS-GEN). A
POS-GEN Zone shall be used for:
1. Memorial shrines/monuments
2. Kiosks and other park structures
3. Parks/gardens, parklets and pocket parks, parkways and promenades
4. Aviary, Botanical gardens, Zoological parks and other nature centers, with
customary park structures such as park office, gazebo, clubhouse
5. Arboretum
6. Underground parking structures/facilities
7. Clubhouse/Multi-purpose hall/room
8. Accessory uses:
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a. Fire/security station
b. Place of religious worship/use
c. Health facilities/clinic/day care centers
d. Utility installation for use of zone/lot occupants
e. Branch library, museum, exhibit area, art gallery
f. Transportation terminal/station (loading and unloading)
The following is the Land Use Intensity Control ratings that shall be observed in the
POS-GEN Zone:
Maximum Maximum
LAND USE PLO BHL
(in meters)
GENERAL PUBLIC OPEN SPACE
Parks & Plazas (POS-PP)
Playgrounds & Sports Field/Recreation 0.25 10
(POS-PSR)
SEC. 19. Cemetery Zone (POS-CEM). The POS-CEM Zone shall be used
primarily for burial and related activities. Enumerated below are the allowable uses:
a. parking structure
b. transportation terminal/station (loading and unloading)
c. health facility/clinic
d. fire/security station
e. utility installation for use of zone/lot occupants
f. public utility facility
g. general retail store and food serving establishment e.g. mini-mart,
canteen, flower shop
h. funeral parlors, mortuaries
The following is the Land Use Intensity Control ratings that shall be observed in the
POS-CEM Zone:
*Exempted from the imposition of height regulations are monuments, obelisks, and
other commemorative structures, as well as churches, utility and other structures not
covered by the height regulations of the National Building Code and/or the Air
Transportation Office.
SEC. 20. Utility Zone (UTL). – UTL Zone shall be used primarily for major
transportation facilities, telecommunications, power, water and the like. Enumerated
below are the allowed uses:
SEC. 21. Use Regulations in Water Zone (WTR). – WTR Zones are bodies of
water within the City, which include esteros, rivers, streams, lakes and seas except
those included in other zone classifications. Enumerated below are the allowable uses:
1. The utilization of the water resources for domestic and industrial use shall be
allowed PROVIDED, it is in consonance with the development regulations of
DENR, provisions of the Water Code, and the revised Forestry Code of the
Philippines, as amended, and PROVIDED FURTHER, That it is subjected to an
Environmental Impact Assessment (EIA) prior to the approval of its use.
SEC. 23. Use Regulations in Planned Unit Development / Overlay Zone (O-PUD)
O-PUD Zones are identified specific sites in the City of Manila wherein the project site is
comprehensively planned as an entity via unitary site plan which permits flexibility in
planning/design, building siting, complementarily of building types and land uses, usable
open spaces and the preservation of significant natural land features, pursuant to
regulations specified for each particular PUD. Enumerated below are identified PUD:
SEC. 24. Use Regulations in Buffer Overlay Zone (O-BUF) – O-BUF Zones are
yards, parks or open spaces intended to separate incompatible elements or uses to
control pollution/nuisance and for identifying and defining development areas or zones
where no permanent structures are allowed. Enumerated below are the allowable uses:
a. fire/security station
b. place of religious worship/use
c. multi-purpose hall/room
d. health facilities/clinic/day care center
e. utility installation for use of zone/lot occupants
f. exhibit area, art gallery
g. transportation terminal/station
SEC. 25. City Properties Located Outside Manila. – Any City property located
outside the City of Manila shall be classified based on its present and actual use.
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ARTICLE VI
GENERAL LAND USE INTENSITY CONTROL
SEC. 26. Development Density. Permitted density shall be based on the zones’
capacity to support development.
A. Residential Zone
There is no fixed maximum density but should be based in the planned absolute level of
density that is intended for each concerned zone based on the comprehensive land use
plan.
SEC. 27. Height Regulations. – Building height must conform to the height
restrictions and requirements of the Air Transportation Office (ATO), as well as the
requirements of the National Building Code, the Structural Code, as well as all laws,
ordinances, design standards, rules and regulations related to land development and
building construction and the various safety codes.
SEC. 28. Area Regulations. – Area regulation in all zones shall conform with the
minimum requirement of the existing codes such as:
c. P.D. 1096 – National Building Code and its implementing rules and
regulations
SEC. 29. Additional FAR Provisions. – Additional FAR beyond the prescribed
allowable maximum FAR can be availed through the following development modes
subject to the requirements of the IRR of this Ordinance:
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As for all commercial zones (C-2/MXD, C-3/MXD), with a 400 meter distance but
less than eight hundred (800) meters from the LRT or commuter rail station,
these areas will be allowed to build one and a half (1.5) FAR higher than the
maximum FAR specified in this Zoning Ordinance, PROVIDED, That these
developments should be built and maintained by the owner/s or developer/s, at
his cost, a sheltered pedestrian link from his structure connecting to those other
structures within 400-meter distance T.O.D. pedestrian link towards the specified
transport terminal.
29.2. Transfer of Development Rights (TDR) for Citywide Applicability – in the citywide
applicability of the Transfer of Developments Rights, development space
(expressed in terms of FAR) can be transferred from one lot (herein referred as
“Transfer Lot”) to another lot (herein referred as “Development Lot”), PROVIDED,
That:
a. The Transfer Lot and Development Lot are adjacent to each other.
b. The sum of the FAR of the two lots after the transfer does not
exceed the sum of the maximum allowable FAR of the two lots prior
to the transfer.
c. The maximum FAR that can be received by a Development Lot is
25% of the original maximum FAR of the Development Lot.
d. The developer/owner of the Development Lot shall provide sufficient
technical basis, acceptable to the CPDO/Zoning Officer and the
Building Official, to show that the additional development space
resulting from the transfer will not cause substantial congestion or
inconvenience or disrupt access and delivery of services to adjacent
properties and the vicinity.
e. FAR that has been transferred can only be re-transferred to its
original lot.
The resulting increase in the total FAR of a Development Lot and the corresponding
decrease in the total FAR of a Transfer Lot shall be annotated on the respective titles of
the two lots within sixty (60) working days after the TDR has been approved by the
Zoning Officer.
29.3. Floor Area Bonus Incentives – Floor Area Bonus Incentives shall be available to
all developments within the City which would provide facilities and amenities
which are of public benefit and deemed desirable by the CPDO and the City
Council, Floor Area Bonus Incentives shall be available to all developments
within the City. These incentives provide for an incremental increase in the
prescribed allowable FAR of a development in exchange for the inclusion of one
(1) or more of the public benefit features, such as:
a. canopy
b. elevated pedestrian walkways
c. interior arcade
d. passenger loading/unloading
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(Please refer to IRR for the list of Public Benefit and Corresponding Bonus Incentives)
SEC. 30. Easement. – Pursuant to the provisions of the Water Code: the banks
of rivers and streams and the shores of the seas and lakes throughout their entire
length and within a zone of three (3) meters in urban areas; along their margins, are
subject to easement of public use in the interest of recreation, navigation, floatage,
fishing and salvage.
No person shall be allowed to stay in this zone longer than what is necessary for space
or recreation, navigation, floatage, fishing or salvage or to build structures of any kind.
SEC. 31. Buffer Regulations. - A minimum buffer of three (3) meters shall be
provided along the entire boundary length between two (2) or more conflicting zones
allocating 1.5 meters from each side of the zone boundary, as needed or within the
provisions of the IRR. Such buffer strip should be open and not encroached upon by
any building or structure and should be part of the yard or open space.
SEC. 32. Specific Provisions in the National Building Code. - Specific provisions
stipulated in the National Building Code (P.D.1096) as amended thereto relevant to
traffic generators, advertising and business signs, erection of more than one principal
structure, dwelling or rear lots, access yard requirements and dwelling groups, which
are not in conflict with the provisions of the Zoning Ordinance, shall be observed.
SEC. 33. Building or Structure Use. - No building, structure or land shall hereafter
be occupied or used and no building or structure or part thereof shall be erected,
constructed or structurally altered except in conformity with the provisions of this Zoning
Ordinance.
SEC. 34. Yard, Off-Street Parking Space. - No part of a road, off-street parking
space, loading space, or other open space required of any building shall, for the
purpose of complying with this Ordinance, be included as part of the yard, open space,
off-street parking or loading space similarly required of any adjacent neighboring
building. However, this shall not apply to building/s with common party walls or adjacent
building lines, in which case, only the yard for the free or non-abutting sides will be
required.
SEC. 35. Traffic Generators. - All traffic generating buildings and structures
allowed in any of the districts must provide for adequate parking spaces for their
employees, clients and visitors. Such shall, however, be subject to additional parking
requirements as evaluated by the City Planning and Development Office (CPDO) based
on Presidential Decree No. 1096.
SEC. 37. Erection of More Than One Principal Structure. - In any district where
more than one structure may be permitted to be erected on a single lot, the yard and
other requirements of this Ordinance shall be met for each structure as though it was to
be erected on an individual lot.
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SEC. 39. Structures to Have Access. - Every building hereafter erected or moved
shall have access to a public street or to a private street open to the public and all
structures shall be located on lots so as to provide safe and convenient access for
servicing fire protection units.
SEC. 40. Yard Requirements Along a District Boundary Line. - Lots abutting on a
district boundary line shall conform to the yard requirements of a more restrictive district
bounded by the line.
a. That the buildings are to be used only for residential purposes and
such uses are permitted in the district where the compound is
located.
b. That the average lot area per family of dwelling unit in the
compound, exclusive of the area used or to be used for streets or
driveways, is not less than the lot area per family required in the
districts.
c. That there is provided, within the tract on which the residential
compound is to be located, an open space for playground purposes
with an area equivalent to at least an aggregate area of five
(5%)percent of the required lot area per family, but in no case less
than one hundred square meters; PROVIDED, That where the
residential compound is intended for less than ten families, the
setting aside of such area for playground purposes may be
dispensed with; and PROVIDED FURTHER, That an open space
may be used as part of the yard requirements for the compound;
and
d. That there is provided within the tract on which the residential
compound is to be erected or immediately adjacent thereto, an
adequate private garage or off-street parking area, depending on the
needs of the residents and their visitors.
SEC. 42. Pollution Control. - For effective pollution control, all zoning permit
(locational clearance) granted for all development/activities must be subject to the
condition of compliance with the Department of Environment and Natural Resources-
Environmental Impact Statement System (DENR-EIS System-ECC Requirements) rules
and regulations.
ARTICLE VII
PERFORMANCE STANDARDS
All land uses, developments or constructions shall conform to the noise, vibration,
smoke, dust, dirt and fly ash, odors and gases, glare and heat, industrial wastes,
sewage disposal, storm, drainage, pollution control, and other similar environmental
standards of the National Building Code, The Clean Air Act, and other applicable laws,
rules and regulations.
SEC. 44. Buffer Yards. - Aside from providing light and ventilation, buffers can
mitigate adverse impacts and nuisances between two adjacent developments.
Whenever necessary, buffers shall be required to extend and/or provided with planting
materials in order to ameliorate said negative conditions such as, but not limited to,
noise, odor, unsightly buildings or danger from fires and explosions. Building setbacks
shall be considered as buffer yards. A buffer may also contain barrier, such as a fence,
where such additional screening is necessary to achieve the desired level of buffering
between various activities.
2. Buffers on Simultaneous Developments. The more intense use shall provide the
necessary buffer in cases when two developments occur simultaneously.
3. Location of Buffers. The building setbacks shall serve as buffer locations, at the
outer perimeter of a lot or parcel. In no case shall buffers occupy public or private
street right-of-way.
5. Land Use in Buffer Areas. Buffers are part of yards and open spaces and in no
case shall buildings encroach upon it. It may, however, be used for passive
recreation such as gardening, pedestrian trails, etc.
6. Buffers in Industrial Establishments. A planted buffer strip of not less than three (3)
meters wide or as the case may need is required along the periphery of industrial
areas and buildings.
3. Land use activities shall not cause the alteration of natural drainage
patterns or change the velocities, volumes, physical, chemical, and
biological characteristics of storm water and watercourses.
4. All developments shall limit the rate of storm water run-off so that
the rate of run-off generated is no more than that of the site in its
natural condition.
9. Facilities and operations that cause the emission of dust, dirt, fly
ash, smoke or any other air polluting material that may have
deleterious effects on health or cause the impairment of visibility are
not permitted. Air quality at the point of emission shall be maintained
at specified levels according to DAO No. 14 –Clean Air Act.
10. Mature trees or those equal to or greater than twelve (12) inches
calliper measured 14 inches above the ground shall not be cleared
or cut, unless permitted or is done in accordance with the provisions
of the DENR.
SEC. 46. Network of Green and Open Spaces. - Aside from complying with the
open space requirements of PD 957, BP 220 and other related issuances, the following
shall apply:
* Note: All designated open spaces shall not be converted to other uses.
The following shall guide the development of historic sites and facilities:
1. Sites with historic buildings or places shall be developed to conserve and enhance
their heritage values.
7. Residential and commercial infill in heritage areas will be sensitive to the existing
scale and pattern of those areas, which maintains the existing landscape and
streetscape qualities of those areas, and which does not result in the loss of any
heritage resources.
8. Development plans shall ensure that parking facilities (surface lots, residential
garages, stand-alone parking garages and parking components as parts of larger
developments) are compatibly integrated into heritage areas, and/or are
compatible with adjacent heritage resources.
9. Local utility companies (hydro, gas, telephone, cable) shall be required to place
metering equipment, transformer boxes, power lines, conduit, equipment boxes,
piping, wireless telecommunication towers and other utility equipment and devices
in locations which do not detract from the visual character of heritage resources,
and which do not have a negative impact on its architectural integrity.
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10. Design review approval shall be secured from the CPDO for any alteration of the
heritage property to ensure that design guidelines and standards are met and shall
promote preservation and conservation of the heritage property.
SEC. 48. Site Performance Standards. - The City considers it in the public
interest that all projects are designed and developed in a safe, efficient and aesthetically
pleasing manner. Site development shall consider the environmental character and
limitations of the site and its adjacent properties. All project elements shall be in
complete harmony according to good design principles and the subsequent
development must be visually pleasing as well as efficiently functioning especially in
relation to the adjacent properties and bordering streets.
1. Sites, buildings and facilities shall be designed and developed with regard to
safety, efficiency and high standards of design. The natural environmental
character of the site and its adjacent properties shall be considered in the site
development of each building and facility.
2. The height and bulk of buildings and structures shall be so designed that it does
not impair the entry of light and ventilation, cause the loss of privacy and/or create
nuisances, hazards or inconveniences to adjacent developments.
3. Abutments to adjacent properties shall not be allowed without the neighbor’s prior
written consent which shall be required by the City Planning and Development
Office (CPDO) prior to the granting of a Zoning Permit (Locational Clearance).
4. The capacity of parking areas/lots shall be per the minimum requirements of the
National Building Code. These shall be located, developed and landscaped in
order to enhance the aesthetic quality of the facility. In no case, shall parking
areas/lots encroach into street rights-of-way and shall follow the Traffic Code as
set by the City.
7. Glare and heat from any operation or activity shall not be radiated, seen or felt
from any point beyond the limits of the property.
8. No large commercial signage and/or pylon, which will be detrimental to the skyline,
shall be allowed.
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SEC. 49. Infrastructure Capacities. - All developments shall not cause excessive
requirements at public cost for public facilities and services and shall not be detrimental
to the economic welfare of the community. All developments shall exhibit that their
requirements for public infrastructures (such as roads, water supply and the like) are
within the capacities of the system/s serving them.
SEC. 50. Traffic Impact Study. - Major, high intensity facilities such as
commercial/residential buildings shopping centers, schools, universities, industrial
estates and warehouse shall be required to submit Traffic Impact Study (TIS)/Traffic
Impact Assessment (TIA) and Traffic Management Plan (TMP) which shall form part of
the requirements for the Zoning Permit (Locational Clearance). Other traffic generating
developments, as determined by the City Planning & Development Officer, shall be
required to submit the same. Enumerated below are the development projects which
required to submit TIS/TIA and TMP:
ARTICLE VIII
SUPPLEMENTARY REGULATIONS
a. The proposed land use will not alter the essential character of the zone, especially
its population density, number of dwelling units per hectare, and the dominant land
use of the zone.
b. Both preliminary and final development plans must be submitted to City Planning &
Development Office (CPDO) for approval.
c. The preliminary plan must generally set forth any existing or proposed
arrangements of lots, streets, access points, buffer strips, rail, water, highway or
other transportation arrangements and the relationship of the tract of the land
involved to surrounding properties.
d. The final plan must, in addition to the above-cited requirements, describe the
noise, smoke, odor, vibration, dust, dirt, obnoxious gases, glare and heat, fire
hazards, industrial wastes and traffic which may be produced by the development.
e. The area subject to application is a consolidated parcel of land of at least two (2)
hectares.
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SEC. 52. Special Use Permits. - A special use permit shall be required for each
of the following uses, subject to such terms and conditions as hereunder prescribed:
a. Transfer Stations
d. Private Heliports
e. Filling Stations
g. Abattoir/Slaughterhouse
h. Funeral Parlors
ARTICLE IX
SPECIAL PROVISIONS
SEC. 55. Maintaining a linear park along Pasig River and other major waterways
within the boundaries of the City of Manila. – In consonance with the provisions of
Presidential Decree No. 295 (Water Code), an easement of ten (10) meters from
existing shoreline, and banks of rivers shall be maintained as a linear park.
Should there be a change in the existing shoreline or banks of the rivers, the setback
shall be construed as moving with the actual riverbanks or shorelines.
SEC. 56. Construction along or within the linear park. – In order to achieve the
objectives of these provisions, any type of construction, alteration and physical
development along the linear park must be coursed through the City Planning and
Development Office and other proper authorities prior to the issuance of other
necessary permits and/or clearance. Likewise, construction within the linear park shall
only be those which are accessories/utilities for a park that will benefit the public.
SEC. 57. Maintenance of the Park. – The maintenance of the linear park shall be
responsibility of the Barangay, Public Recreations Bureau (PRB) and the Parks
Development Office (PDO).
SEC. 58. Roof Gardens. – In the absence of areas available for parks, recreation
and open spaces, roof gardens are encouraged in accordance with the proposed
network of open spaces. The same provision goes for buildings along the Light Railway
Transit (LRT) lines and as provided for in the IRR of this Ordinance.
SEC. 59. Zoning the Sidewalk – In line with creating a pedestrianized city
wherein connectivity is given importance, the sidewalk shall be zoned as provided for in
the IRR of this Ordinance.
ARTICLE X
MITIGATING DEVICES
SEC. 60. Deviations. – Variances and exceptions from the provisions of this
Ordinance may be allowed by the Sangguniang Panlungsod as per recommendation
from the Manila Zoning Board of Adjustment and Appeals (MZBAA) through the
Committee on Housing, Urban Development and Resettlements only when all the
following terms and conditions are obtained/existing:
This condition shall include at least three (3) of the following provisions:
- The variance will not alter the physical character of the district/zone
where the property for which the variance sought is located, and will
not substantially or permanently injure the use of the other
properties in the same district or zone.
- That the variance will not weaken the general purpose of the
Ordinance and will not adversely affect the public health, safety, and
welfare.
SEC. 61. Procedures for Granting Variances and Exceptions. - The procedure
for the granting of exception and/or variance is as follows:
1. A written application for an exception for variance and exception shall be filed with
the Manila Zoning Board of Adjustment and Appeals (MZBAA) through the CPDO
citing the section 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.
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3. The CPDO shall conduct studies on the application and submit report within fifteen
(15) working days to the MZBAA. The MZBAA shall then evaluate the report and
make a recommendation and forward the application to the Sangguniang
Panlungsod through the Committee on Housing, Urban Development and
Resettlements.
SEC. 62. Approval of the City Council – Any deviation from any section or part of
the original Ordinance shall be approved by the City Council.
ARTICLE XI
ADMINISTRATION AND ENFORCEMENT
SEC. 65. Validity of Zoning Permit. - The issuance of a Zoning Permit (Locational
Clearance) shall not be construed as an approval or authorization to the permittee to
disregard or violate any of the provisions of this Ordinance.
A Zoning Permit issued under the provisions of this Ordinance shall expire and become
null and void if the building, work or business activity authorized therein is not
commenced within a period of one year from the date of such permit, or if the building,
work or business activity so authorized is suspended or abandoned at any time after it
has been commenced, for a period of 120 days.
SEC. 67. Collection of Fees for Zoning Permit (Locational Clearance). – The rate
of filing, processing and zoning fees for Zoning Permit are as follows:
A. RESIDENTIAL
a. High Density Residential/Mixed Use (R-3/MXD) PhP 3.00/sq.m. of TFA
B. COMMERCIAL
a. Medium Density Commercial/Mixed Use (C-2/MXD) 5.00/sq.m. of TFA
b. High Density Commercial/Mixed Use (C-3/MXD) 5.00/sq.m. of TFA
c. Yards utilized for commercial purposes 3.00/sq.m. of TLA
C. INDUSTRIAL
a. Light Industrial (I-1) 8.00/sq.m. of TFA
b. Yards utilized for industrial purposes 5.00/sq.m. of TLA
D. UTILITY (UTL)
a. Building Structure 8.00/sq.m. of TFA
b. Yards utilized for utility purposes 5.00/sq.m. of TLA
E. INSTITUTIONAL
a. General Institutional (INS-G) 4.00/sq.m. of TFA
b. University Cluster (INS-U) 4.00/sq.m. of TFA
c. Yards utilized for institutional purposes 1.00/sq.m. of TLA
F. GENERAL PUBLIC OPEN SPACE
a. Parks & Plazas (POS-PP) 5.00/sq.m. of TFA
b. Playgrounds & Sports Field/Recreation (POS-PSR) 5.00/sq.m. of TFA
G. CEMETERY (POS-CEM)
a. Allowed / permitted uses 4.00/sq.m. of TFA
b. Accessory / ancillary uses 4.00/sq.m. of TFA
H. ADVERTISEMENTS/BUSINESS SIGNBOARDS/
BILLBOARDS or STREET GRAPHICS 4.00/sq.ft. of TSA
I. WATER ZONE (WZ) 5.00/sq.m. of TFA
J. SPECIAL USE PERMIT 10.00/sq.m. of TLA/
TFA/TBA
* Except for the Telecommunications Towers and Radio Transmitting Stations
PhP 1,000/unit
III. CERTIFICATION
SEC. 68. Creation of Zoning Permit Operations Trust Fund. – There is hereby
created a Zoning Permit Operations Trust Fund to be generated from all the
application/filing fees. This Trust Fund is hereby created to augment supplies and
materials in the conduct of the first two (2) years of zoning permit operations of CPDO.
The City Accountant shall keep and maintain a special account and records thereto.
The Zoning Permit Operations Trust Fund shall be disbursed and may be used
exclusively for the requirements of zoning permit operations including the purchase of
office equipment, supplies and materials and other incidental expenses.
Any unused fund at the end of the second fiscal year’s expenditures shall be
reverted to the General Fund.
a) Procedure
SEC. 72. Existing Non-Conforming Uses and Buildings. – The lawful use of any
building, structure or land at the time of the adoption of this Ordinance may be
continued, although such use does not conform with the provision of this Ordinance,
provided:
Page 31
SEC. 73. Status of Approved Appeals from the MZBAA. – All approved appeals
from the Sangguniang Panlungsod will be classified as non-conforming uses and all the
provisions under Sec. 72 shall apply.
a) Initiation
SEC. 76. Additional Powers and Functions of the City Planning & Development
Office. – Pursuant to the provisions of this Ordinance and other existing laws, the City
Planning & Development Office shall perform the following additional powers and
functions:
I. Enforcement
II. Planning
III. Review the Comprehensive Land Use Plan and Zoning Ordinance
SEC. 77. Action on Complaints and Opposition. – A verified complaint for any
violations of any provision of the Zoning Ordinance or of any clearance or permits
issued pursuant thereto shall be filed with the MZBAA.
1. variances
2. exceptions
3. non-conforming uses
4. complaints and opposition to applications
Page 35
The approved master plan shall established the LUIC regulations for
the overlay zones thereby superceding the LUIC provided by this
Ordinance.
SEC. 79. Composition of the Manila Zoning Board of Adjustments and Appeals
(MZBAA). - The City Development Council-Executive Committee shall create a
committee immediately after the approval of this Ordinance within six (6) months which
shall act as the MZBAA composed of the following members:
1. City Mayor
2. Chairman, Committee on Housing, Urban Development and
Resettlements of the SP
3. City Legal Officer
4. City Assessor
5. City Planning and Development Officer
6. City Engineer
7. One (1) representative from Non-Government Organizations (NGO) or
One (1) representative from private sector
8. ABC (Liga ng mga Barangay) President
9. Majority Floor Leader
10. Minority Floor Leader
For purposes of policy coordination, said committee shall be attached to the City
Planning and Development Office (CPDO).
SEC. 80. Procedure for Re-Zoning. – Any association or group of persons who
wishes to prepare a re-zoning of a certain area, may file a petition with the Manila
Zoning Board of Adjustments and Appeals (MZBAA) for initial evaluation.
The MZBAA shall then endorse the proposal together with its preliminary findings to the
City Planning & Development Office (CPDO) for further evaluation. Whenever
necessary, site inspection of the vicinity subject to rezoning shall be made, the CPDO
shall then recommend for approval the re-zoning of the subject area to the City Council.
ARTICLE XII
FINAL PROVISIONS
SEC. 82. Penal Provisions. – Any person violating any provision of this
Ordinance, shall, upon conviction, be punished by a fine of not more than Five
Thousand Pesos (PhP5,000.00) or by imprisonment for not more than one (1) year or
both such fine and imprisonment, at the discretion of the Court.
Page 36
Furthermore, any person or government official found to have committed any violation
of this Ordinance, directly or indirectly, who actually participated in the violations should
be held responsible criminally as provided by this Ordinance.
SEC. 84. Repealing Clause. – All ordinances, rules or regulations in conflict with
the provisions of this Ordinance are hereby repealed; PROVIDED, That the rights that
are vested upon the effectivity of this Ordinance shall not be impaired.
SEC. 85. Effectivity Clause. –This Ordinance shall take effect upon its approval.
SEC. 86. Non-Retroactivity Clause. – All laws relating to this Ordinance shall
have no retroactive effect.
a.) No amendment, repeal shall take place within one (1) year upon
approval of this Zoning Ordinance.
b.) The City Planning and Development Office (CPDO) shall review,
study and update this Ordinance after three (3) years upon approval.
Enacted by the City Council of Manila at its regular session today, March 16,
2006.
APPROVED:
ATTESTED:
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PRINCIPAL AUTHORS: HON. MA. LOURDES M. ISIP-GARCIA, Hon. Greco B.
Belgica, Hon. Danilo Victor H. Lacuna, Jr., Hon. Elizabeth Z. Rivera, Hon.
Casimiro C. Sison, Hon. Luis C. Uy, Hon. Irma C. Alfonso-Juson, Hon.
Bernardito C. Ang, Hon. Benjamin D. Asilo, Hon. Ruben F. Buenaventura, Hon.
Louisito N. Chua, Hon. Alex C. Co, Hon. Juan Miguel T. Cuna, Hon. Ma.
Asuncion G. Fugoso, Hon. Roger G. Gernale, Hon. Richard C. Ibay, Hon. Martin
V.I. Isidro, Jr., Hon. Ricardo S. Isip, Hon. Arlene W. Koa, Hon. Pacifico D. Laxa,
Hon. Victoriano A. Melendez, Hon. Isko Moreno, Hon. Roberto R. Ortega, Jr.,
Hon. Eduardo P. Quintos XIV, Hon. Monina U. Silva, Hon. Edward M. Tan, Hon.
Amalia A. Tolentino, Hon. Rolando M. Valeriano, Hon. Abelardo C. Viceo, Hon.
Manuel M. Zarcal, HON. ERNESTO G. DIONISIO, Majority Floor Leader and
HON. MA. THERESA B. BONOAN-DAVID, Acting Presiding Officer.
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