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THE IMPLEMENTING RULES AND REGULATIONS (IRR) OF THE MANILA COMPREHENSIVE

LAND USE PLAN AND ZONING ORDINANCE (MCLUPZO) 2006

Pursuant to the Manila Comprehensive Land Use Plan and Zoning Ordinance of 2005–2025, the
Sangguniang Panglungsod hereby prescribes, adopts, and promulgates the following Rules and
Regulations to carry out the provisions thereof.

RULE I
TITLE

Section 1. Title

This Rules and Regulations shall be known as the “THE RULES AND REGULATIONS
IMPLEMENTING THE PROVISIONS OF CITY ORDINANCE NO.8119 entitled MANILA
COMPREHENSIVE LAND USE PLAN AND ZONING ORDINANCE OF 2006, otherwise known as
“THE MCLUPZO 2006” For brevity, this document may be cited as “IRR of the MCLUPZO 2006”

RULE II
AUTHORITY AND PURPOSE

Section 2. Authority

The City Ordinance No. 8119 (MCLUPZO 2006) is enacted pursuant to the provisions of RA
7160 otherwise known as the Local Government Code of 1991, particularly sub-paragraphs vii to x,
Paragraph 2 Sections 458 thereof “Authorizing the City through the Sangguniang Panglunsod to
adopt a City Zoning Ordinance subject to the provisions of existing laws”, and in conformity with E.O.
No. 72.

Section 3. Purposes

The City Ordinance No. 8119 is enacted for the following purposes:

A. Guide, control and regulate future growth and development in accordance with its Land Use and
Structure Plans.

B. Protect the character and stability of residential, commercial, industrial, institutional, urban, open
spaces and other functional areas within the locality and promote the orderly and beneficial
development of the same.

C. Promote and protect public health, safety, peace, morals, comfort, convenience and general
welfare of the inhabitants of the City.

D. Create new opportunities for growth and change in order to improve the quality of life and the
economic well being of the City.

E. Provide the proper regulatory environment to maximize opportunities for creativity, innovation and
make ample room for development within the framework of the City’s over-all goals and
objectives.

Section 4. General Zoning Principle

The Zoning Regulations and this IRR are based on the Manila Comprehensive Land Use Plan
which is approved and adopted by the City Ordinance No. 8119.

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RULE III
DEFINITION OF TERMS

Section 5. Definition of Terms

The definition of technical terms used in the City Ordinance No. 8119 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
defined in Annex “A” of the cited Ordinance which is attached herewith and made an integral part
hereof and they shall be construed as being covered by such terms.

Section 6. Construction and Interpretation of Terms

6.1 General. The words and terms employed in the cited Ordinance shall be interpreted and
understood liberally in the generic sense unless otherwise indicated and shall as far as practicable be
construed in favor of applicants seeking to comply with the provisions hereof. The listing of uses shall
unless, otherwise indicated, be similarly construed.

6.2 Rules. In construction and interpretation of terms, the following rules shall be observed:

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;

B. The singular includes the plural, subject to intensity regulations;

C. The present tense includes the future tense;

D. The word “person” includes both the natural and juridical persons;

E. The word “lot” includes the phrase plot or parcel;

F. The term “shall” is always mandatory; and

G. The word “used” or occupied as applied to any land or building shall be construed to include the
words “intended”, “arranged”, designed to be “used or occupied”.

RULE IV
ZONE CLASSIFICATIONS

Section 7. Division into Zones or Districts

To effectively carry out the provisions of the Zoning Ordinance, the City of Manila is divided
into the following zones or districts as shown in the Official Zoning Maps.

A. General Residential Zone:


1. High Density Residential/Mixed Use Zone (R-3/MXD)

B. Commercial Zones:
2. Medium Density Commercial/Mixed Use Zone (C-2/MXD)
3. High Density Commercial/Mixed Use Zone (C-3/MXD)

C. Industrial Zone:
4. Light Industrial Zone (I-1)

D. Institutional Zones
5. General Institutional Zone (INS-G)
6. University Cluster Zone (INS-U)

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E. Public Open Space Zones:
7. General Public Open Space Zone (POS-GEN)
7a. Parks and Plazas (POS-PP)
7b. Playground and Sports Field/Recreation Zone (POS-PSR)
8. Cemetery Zone (POS-CEM)

F. Others
9. Utility Zone (UTL)
10. Water Zone (WTR)
11. Overlay Zones:
11.a Histo-Cultural Heritage Overlay Zone (O-HCH)
11.b Planned Unit Development Overlay Zone (O-PUD)
11.c Buffer Overlay Zone (O-BUF)

Section 8. Zoning Map

8.1 General. 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 at Annex “B” and made an
integral part of City Ordinance No. 8119.

8.2 Composition. The Zoning Map shall be composed of 1 General Zoning Map (showing the 10
base zones) and 3 Overlay Zoning Maps (showing one type of overlay zone per map).

Section 9. Zone Boundaries

The locations and boundaries of the above-mentioned zones are hereby defined in the List of
Zone Boundaries, which is attached as Annex “C” of the City Ordinance No. 8119 and made an
integral part thereof.

Section 10. Interpretation of Zone Boundaries

10.1 General. The Zone Boundaries shall be interpreted with utmost consideration as provided for by
the Zoning Ordinance and this IRR.

10.2 Rules. In the interpretation of boundaries for any of the zones indicated on the Zoning Map, the
following rules shall apply:

A. 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.

B. Where zone boundaries are so indicated that they approximately follow the lot lines, such lot lines
shall be construed to be the boundaries.

C. 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 there from 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.

D. Where the boundary of a zone follows approximately a railroad line, such boundary shall be
deemed to be located three (3) meters from the outer edge of the outer track of said railroad line.
(the railroad right of way).

E. 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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F. 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.
G. Where zone boundary line is indicated as one-lot-deep, said depth shall be construed to be the
average lot depth of the lots involved within each particular city block. Where, however, any lot
with a depth greater than said average, the remaining portion of said lot shall be construed as
covered by the one-lot-deep zoning district provided the remaining portion has an area less than
fifty percent (50%) of the total area of the entire lot. If the remaining portion has an area equivalent
to fifty percent (50%) or more of the total area of the lot then the average lot depth shall apply to
the lot which shall become a lot divided and covered by two or more different zoning districts, as
the case may be.

H. 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.

I. Boundaries indicated as parallel to or are extension of features not specifically indicated in the
zoning boundaries, shall be determined by the zoning map drawn to the scale of 1:10,000 meters.

J. Where the zone boundaries are inaccurate or have discrepancies as to the indication on a zoning
map of a scale of 1:10,000 meters, the description of the zoning boundaries appended shall
govern.

RULE V
ZONE REGULATIONS

Section 11. General Provision

11.1 General. 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 the Zoning Ordinance, and this Implementing
Rules and Regulations (IRR) which is made an integral part of the Ordinance, allow other uses not
enumerated hereunder provided that they are compatible with the uses expressly allowed.

11.2 Guidelines. The following are the general guidelines on zone regulations:

A. 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.

B. Specific uses/activities of lesser density within a particular zone (C-2/MXD) may be allowed within
the zone of higher density (C-3/MXD) but not vice versa, nor in another zone and its subdivisions
(e.g. I-1,I-2), except for uses expressly allowed in said zones, such that the cumulative effect of
zoning shall be intra-zonal and not inter-zonal.

C. Developments of Mixed-Use character (R3/MXD, C2/MXD) shall have a 70/30 sharing of uses.
Where 70% of the development must be of the principal use (e.g. R3/MXD – the principal use is
residential) and the other 30% can be of any of the allowed uses within the zone category.

D. In retail and commercial districts parking areas which adjoin a residential zone must be shielded
by walls, shrubs, or trees along the boundary line.

E. In industrial districts adjoining a residential zone a 100 ft. or 30.48 m wide strip along the boundary
line cannot be used for actual manufacture but must be reserved for less objectionable uses, for
example, an administration building or a parking lot.

F. In non-residential lots which are back to back with residential, 30 ft. or 9 m. deep rear yards are
prescribed, though a single storey rising not more than 23 ft. or 7 m. Above curb level may extend
to the rear lot line.

G. The Land Use Intensity Control ratings of each designated land use zone and their provisions on
Percentage of Land Occupancy (PLO), Floor Area Ratio (FAR) and Building Height Limit (BHL)
are provided in sub-sections of Use Regulations (Sections 12-24).

MCLUPZO IRR
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Section 12. Use Regulations in High Density Residential/Mixed Use Zone (R-3/MXD)

12.1 General. The R-3/MXD shall be used primarily for high-density high-rise housing/dwelling
purposes and limited complementary/supplementary trade, services and business activities.

12.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal Uses
1. Detached family dwelling
2. Semi-detached family dwelling e.g. duplex, rowhouse
3. Multi-family dwelling
4. Commercial housing - e.g. hotel, apartment, apartelle, boarding house, dormitory, pension
house, club house, motel, residential inn / condotel / condominium
5. Branch library, art gallery, exhibit area and museum
6. Pre-school/elementary school, high school, vocational school
7. Home occupation for the practice of one’s profession or for engaging an in-house
business such as dressmaking, tailoring, baking, running a sari-sari store, provided that:
a. The number of persons engaged in such business/industry shall not exceed five (5),
inclusive of the owner
b. There shall be no change in the outside appearance of the building or premises
c. No home occupation shall be conducted in any customary accessory uses cited above
d. No traffic shall be generated by such home occupation in greater volume than would
normally be expected in a residential neighborhood and any need for parking
generated by the conduct of such home occupation shall be met off the street and in a
place other than in a required front yard
e. No equipment or process shall be used in such home occupation which creates noise,
vibration, glare, fumes, odor, or electrical interference detectable to the normal senses
and visual or audible interference in any radio television receivers or causes fluctuation
in line voltage of the premises
8. Home industry classified as cottage industry provided that:
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/theatre, playcourt, swimming pool, stadium, coliseum, gymnasium,
entertainment/amusement center, billiards
20. Restaurant, canteen or food-serving establishment, provided that except in hotels, such
restaurant, canteen, or food-serving establishment is not located on the ground or
basement floor
21. Short-term special education/training (e.g. dancing schools, schools for self defense,
driving schools, speech clinics, computer/internet centers)
22. Storeroom (but only as may be necessary for the efficient conduct of the business)
23. Embassy/consulate
24. Filling station/service station

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25. Convention center and related facilities
26. Messengerial service
27. Janitorial service
28. Security agency
29. Bank, finance, insurance, money exchange service and other financial institutions
30. Radio and television station, media service
31. Building garage/parking building
32. Commercial and job printing
33. Computer/information technology-related activity/service
34. Typing and photo engraving services
35. Repair of optical instruments and equipment and cameras
36. Repair of clocks and watches
37. Manufacture of insignia, badges and similar emblems except metal
38. Transportation terminal/garage e.g. parking structure, loading and unloading facilities

B. Accessory Uses
1. Health center/clinic/day care center
2. Club house/gym/sports/recreation facility
3. Utility installation for use of zone/lot occupants
4. Guardhouse
5. Showroom/display
6. Office/school support service
7. Servants quarters
8. Parking lot/garage facilities

12.3 Service Area and Capitalization. The service area of the R-3/MXD Zone shall be Barangay to
Zone wide coverage. The business establishment within this zone shall have a capitalization of
Php150,000 to Php1.5 M.

12.4 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the R-3/MXD:

Percentage of Land Occupancy and Floor Area Ratio

Maximum Maximum
Land Use
PLO FAR
RESIDENTIAL/MIXED USE
High Density Residential/Mixed Use
0.6 4
R-3/MXD

Section 13. Use Regulations in Medium Density Commercial/Mixed Use Zone (C-2/MXD)

13.1 General. 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.

13.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal 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)

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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

13.3 Service Area and Capitalization. The service area of the C-2/MXD Zone shall be District to
City-wide coverage. The business establishments within this zone shall have a capitalization of above
Php1.5 M to Php 60M.

13.4 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the C-2/MXD Zone:

Percentage of Land Occupancy and Floor Area Ratio

Maximum Maximum
Land Use
PLO FAR
COMMERCIAL/MIXED USE
Medium Density Residential/Mixed Use
0.8 6
C-2/MXD

Section 14. Use Regulations in High Density Commercial/Mixed Use Zone (C-3/MXD)

14.1 General. A C-3/MXD Zone shall be used primarily for high intensity mixed use and commercial
developments for trade, business activities and service industries.

14.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal 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
4. Manufacture of box beds and mattresses
5. Small-scale commercial warehousing activity
6. Large-scale commercial warehousing activity (strictly located at District I)
7. Other commercial activities and those not elsewhere classified

14.3 Service Area and Capitalization. The service area of the C-3/MXD Zone shall cover a
Metropolis to Nationwide scale of operations. The business establishments within this zone shall have
a capitalization above Php 60M.

14.4 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the C-3/MXD Zone:

Percentage of Land Occupancy and Floor Area Ratio

Maximum Maximum
Land Use
PLO FAR
COMMERCIAL/MIXED USE
High Density Residential/Mixed Use
0.8 7
C-3/MXD

MCLUPZO IRR
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Section 15. Use Regulations in Light Industrial Zone (I-1)

15.1 General. The I-1 zone shall be used for non-pollutive/non-hazardous and non-
pollutive/hazardous manufacturing/processing establishments.

15.2 Allowable Uses. Enumerated below are the allowable uses:

A. 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.)
28. Manufacture of photographic equipment and accessories
29. Manufacture or assembly of optical instruments
30. Manufacture of eyeglasses and spectacles
31. Manufacture of optical lenses
32. Manufacture of watches and clocks
33. Manufacture of pianos
34. Manufacture of string instruments
35. Manufacture of wind and percussion instruments
36. Manufacture or assembly of electronic organs
37. Manufacture of sporting gloves and mitts
38. Manufacture of sporting balls (not of rubber or plastic)
39. Manufacture of gym and playground equipment
40. Manufacture of sporting tables (billiards, ping-pong, pool)
41. Manufacture of other sporting and athletic goods, and those n.e.c.
42. Manufacture of toys and dolls except rubber and mold plastics
43. Manufacture of pens, pencils and other office and artist materials
44. Manufacture of umbrellas and canes
45. Manufacture of buttons except plastic
46. Manufacture of brooms, brushes and fans
47. Manufacture of needles, pens, fasteners and zippers
48. Manufacture of insignia, badges and similar emblems (except metal)
49. Manufacture of signs and advertising displays (except printed)
50. Small-scale manufacture of ice cream

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B. Non-Pollutive/Hazardous Industries
1. Manufacture of house furnishing
2. Textile bag factories
3. Canvas bags and other canvas products factory
4. Jute bag factory
5. Manufacture of miscellaneous textile goods, embroideries and weaving apparel
6. Manufacture of fiber batting, padding and upholstery filling except coir
7. Men’s and boy’s garment factory
8. Women’s and girl’s and ladies’ garment factory
9. Manufacture of hats, gloves, handkerchief, neckwear and related clothing accessories
10. Manufacture of raincoats and waterproof outer garments except jackets
11. Manufacture of miscellaneous wearing apparel except footwear and those n.e.c.
12. Manufacture of miscellaneous fabricated mill work and those n.e.c.
13. Manufacture of wooden and can containers
14. Sawali, nipa and split cane factory
15. Manufacture of bamboo, rattan and other cane baskets and wares
16. Manufacture of cork products
17. Manufacture of wooden shoes, shoe lace and other similar products
18. Manufacture of miscellaneous wood products and those n.e.c.
19. Manufacture of miscellaneous furniture and fixture except primarily of metals and those
n.e.c.
20. Manufacture of paper stationery, envelopes and related articles
21. Manufacture of dry ice
22. Repacking of industrial products e.g. paints, varnishes and other related products.

C. Large-scale warehousing activity shall be confined within the light intensity industrial zone

D. Private-initiated Residential Projects for industrial components

E. Accessory Uses:
1. Clinic/health center/club, gym
2. Canteen/food serving establishment
3. Place of religious worship
4. Library, museum, exhibit area, art gallery
5. Multi-purpose hall/room
6. Retail store (outlet store-type
7. Utility installation for zone/lot occupants
8. Sports/recreation facility
9. Transportation terminal/garage e.g. Parking structure, waiting shed
10. Guardhouse
11. Showroom/display

Section 16. Use Regulations in General Institutional Zone (INS-G)

16.1 General. The INS-G Zone shall be primarily used for government, religious, cultural,
educational. Medical, civic, residential and, supporting commercial and service uses.

16.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal Uses
1. Parks, gardens, playgrounds, sports-related/recreational center/establishments
e.g. moviehouse/theater, playcourt, swimming pool, stadium/gymnasium
2. Zoological Parks and other nature centers
3. Government center to house national, regional or local offices in the area
4. Pre-school/elementary school, high school, colleges, universities, professional business
schools, vocational and technical schools and other institutions of higher learning
5. General hospitals, medical centers, multi-purpose clinics
6. Scientific, cultural and academic centers and research facilities except nuclear, radioactive,
chemical and biological warfare facilities
7. Convention centers and related facilities
8. Auditorium, theater, performance/civic center (not commercial cinema)
9. Religious structures e.g. church, seminary, convents

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10. Museums, library, exhibit area, art gallery
11. Embassies/consulate
12. Student housing e.g. dormitories, boarding house
13. Welfare homes, orphanages, boys and girls town, home for the aged and the like
14. Government housing projects
15. Rehabilitation and vocational training center for ex-convicts, drug addicts, unwed mothers,
physically, mentally and emotionally handicapped, ex-sanitaria inmates and similar
establishments
16. Penitentiary and correctional institution
17. Radio/TV station, media service

B. Accessory Uses
1. Office/school support service
2. Parking structure
3. Multi-purpose hall/room
4. Club house/gym/sports/recreation facility
5. Day care center/health facility (center/clinic)
6. Transit station/terminal (loading and unloading facility)
7. Retail store (not department store or shopping center)
8. Restaurant, canteen, other food serving establishments
9. Petrol filling/service stations
10. Showroom/display

16.3 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the INS-G Zone:

Percentage of Land Occupancy and Floor Area Ratio

Maximum Maximum
Land Use
PLO FAR
INSTITUTIONAL USE
General Institutional Use INS-G 0.6 4

Section 17. Use Regulations in University Cluster Zone (INS-U)

17.1 General. The INS-U Zone shall be used primarily for educational/academic, religious, cultural,
residential developments with supporting commercial and services uses. This Zone is often referred to
as University Belt.

17.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal Uses
1. All uses allowed in R3/MXD Zone and INS-G
2. Colleges, universities, professional business schools, vocational and trade schools,
technical schools and other institutions of higher learning
3. Computer/information technology-related activity

B. Accessory Uses
1. Restaurants, canteen, other food serving establishment excluding karaoke bars, beer
gardens, disco pubs and the like

17.3 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the INS-U Zone:

Percentage of Land Occupancy and Floor Area Ratio

Maximum Maximum
Land Use
PLO FAR
INSTITUTIONAL USE
University Cluster INS-U 0.6 4

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17.4 University Cluster Criteria. The INS-U Radial Coverage Map, as included in the
Comprehensive Land Use Plan, shows the 300 meter walkable distance of the identified educational
facilities thus including them among the areas of the INS-U Zone. Enumerated below are the criteria
used in identifying the areas included in the INS-U Zone:

A. Proximity to another educational institution (major school or university)

B. Restricted by natural boundaries (waterways) and major thoroughfares

C. Dominance of the area with educational facilities/ institution and its supporting establishments

Section 18. Use Regulations in General Public Open Space Zone (POS-GEN)

18.1 General. The POS-GEN Zone shall be used for:

A. Parks and Plazas (POS-PP) – where the use is primarily for diversion/amusements and for the
maintenance of ecological balance of the community.

B. Playground and Sports Field/Recreation Zone (POS-PSR) – where the use is primarily for outdoor
active and passive recreation.

18.2 Allowable Uses. Enumerated below are the allowable uses:

A. Parks and Plazas (POS-PP) - No vertical structures are allowed in this zone except for structures
that are integral to park and plaza. Enumerated below are the allowable uses:
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:
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)

B. Playground and Sports Field/Recreation Zone (POS-PSR)


1. Resort areas e.g. swimming pool, including accessory uses
2. Open air or outdoor sports activities and support facilities, including low rise stadiums,
gyms and amphitheatres
3. Mini-golf courses, ball courts, race tracks and similar uses
4. Playground and playlots
5. General recreational parks
6. Sports Club

7. Accessory Uses:
a. Retail shops e.g. Sporting goods/souvenir shop
b. Auditorium, theater, performance center
c. Fire/security station
d. Place of religious worship/use
e. Multi-purpose hall/room
f. Health facilities/clinic/day care center
g. Utility installation for use of zone/lot occupants
h. Branch library, museum, exhibit area, art gallery
i. Parking lot and underground parking
j. Transportation terminal/station (loading and unloading)

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18.3 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the POS-GEN Zone:

Percentage of Land Occupancy and Building Height Limit

Maximum
Maximum
Land Use BHL
PLO
(meters)
PUBLIC OPEN SPACE
General Public Open Space POS-GEN 0.25 10

Section 19. Cemetery Zone (POS-CEM)

19.1 General. The POS-CEM Zone shall be used primarily for burial and related activities.

19.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal Uses
1. All uses allowed in POS-PP
2. Cemetery, with customary accessory uses such as cemetery administration, service, and
maintenance facilities
3. Crematorium
4. Place of religious worship
5. Mausoleum
6. Columbarium
7. Memorial shrines/monuments
B. Accessory Uses
1. Parking structure
2. Transportation terminal/station (loading and unloading)
3. Health facility/clinic
4. Fire/security station
5. Utility installation for use of zone/lot occupants
6. Public utility facility
7. General retail store and food serving establishment e.g. Mini-mart, canteen, flower shop
8. Funeral parlors, mortuaries

19.3 Land Use Intensity Control (LUIC). The following are the LUIC ratings that shall be observed
in the POS-CEM Zone:

Building Height Limit


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.

Maximum
Land Use BHL
(meters)
PUBLIC OPEN SPACE
Cemetery POS-CEM 10

Section 20. Utility Zone (UTL)


20.1 General. The UTL Zone shall be used primarily for major transportation facilities,
telecommunications, power, water and the like.

20.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal Uses
1. Public utility facility
2. Utility installation for use of zone/lot occupants
3. Parking structure
4. Transit station/terminal/depot, transportation infrastructure
5. Park, playground, garden, aviary, zoological park and other nature center

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B. Accessory Uses
1. Petrol filling kiosk, with no other retail/service activity, which shall be allowed only within
parking areas/structures. This Accessory Use shall be subject to applicable government
and other safety regulations.
2. Fire/security stations
3. General retail store and food serving establishment
e.g. convenience store, canteen

Section 21. Use Regulations in Water Zone (WTR)

21.1 General. The WTR Zone are bodies of water within the City which include esteros, rivers,
streams, lakes and seas except those included in other zone classifications.

21.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal 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 of the Philippines, and the revised Forestry Code of the Philippines, as
amended, and Water Code Charter Ordinance of the City of Manila and provided further,
that it is subjected to an Environmental Impact Assessment (EIA) prior to the approval of
its use.

2. Other uses such as recreation, fishing and related activities, floatage/transportation and
mining (e.g. off-shore exploration) shall also be allowed provided it is in consonance with
the provisions of the Water Code Charter Ordinance of the City of Manila, and the revised
Forestry Code of the Philippines, as amended, and other relevant laws and regulations.

Section 22. Use Regulations in Histo-Cultural Heritage/Overlay Zone (O-HCH)

22.1 General. The O-HCH Zone shall be used primarily for areas containing registered
historical/cultural heritage resources that deserve special consideration for protection and
conservation due to their special character, architectural value or aesthetic interest wherein they
contribute to the City’s collective understanding of its historical development and cultural heritage.

22.2 Allowable Uses. Enumerated below are the allowable uses:

A. All uses allowed in all zones where it is located

22.3 Land Use Intensity Control (LUIC). The following are the LUIC requirements that shall be
observed in the O-HCH Overlay Zone.

A. The LUIC under which zones are located shall be complied with, except in areas where provisions
for historic context are being considered as provided for by Section 22.5 of this IRR.
B. Height regulations shall be imposed as provided for by Section 27.2 of this IRR.

22.4 O-HCH Criteria. The Zoning Ordinance-approved areas identified in the O-HCH Overlay Zone
shall be sites containing National Historical Institute (NHI) registered historical/cultural heritage
resources. Additional areas may be included in the O-HCH Overlay Zone, provided that the criteria set
by CPDO are met:

22.5 O-HCH Coverage and Listings. Enumerated below are the regulation guidelines for O-HCH
listings:

A. Additional areas may be included in the O-HCH Overlay Zone, provided that the O-HCH criteria
are met and the procedures and requirements stated herein are complied.

B. O-HCH Zone shall cover areas with the identified Histo-Cultural sites and structures.

C. Listings of potential additional O-HCH sites and structures may come from barangay residents,
civic organizations and other groups or individuals.

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D. Proposals shall be prepared with attached justifications and enumerated O-HCH criteria used in
the subject sites and structures. These shall be submitted to the CPDO for evaluation, and shall
be endorsed to MZBAA for recommendation, and shall be forwarded to the City Council for
adoption and approval.

22.6 Use Guidelines. Historic sites and facilities shall be conserved and preserved. To aide the
development of historic sites and facilities and to ensure that infill and rehabilitation is compatible with
the historic context (including proposed development adjacent to existing buildings having historic
architectural character). These shall, to the extent possible, be made accessible for the educational
and cultural enrichment of the general public. For additional use guidelines, refer to Section 47.

Section 23. Use Regulations in Planned Unit Development/Overlay Zone (O-PUD)

23.1 General. The PUD Overlay 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.

23.2 O-PUD Areas. Enumerated below are identified PUD:

A. District I
1. Harbour Centre
2. Vitas
3. Tondo Foreshore Area

B. District I I
4. Geronimo Manotoc – Sunog Apog

C. District I I I
5. San Lazaro Estate
6. Old Bilibid Area
7. Chinatown
8. Quiapo-Sta. Cruz

D. District IV
9.a University Cluster 1

E. District V
9.b University Cluster 2
9.c University Cluster 3
10. Baseco
11. Intramuros
12. Ermita-Malate

F. District VI
13. Pandacan Oil Depot
14. Punta Sta. Ana

Technical boundaries of the above-cited areas are provided in Annex “C” of Manila City Ordinance
No. 8119 MCLUPZO 2006.

23.3 Allowable Uses. Enumerated below are the allowable uses:

A. All uses allowed in all zones where it is located.

23.4 Land Use Intensity Control (LUIC). The following are the LUIC requirements that shall be
observed in the O-PUD Overlay Zone:

A. The LUIC under which zones are located shall, in all instances be complied with.

B. The validity of the prescribed LUIC shall be superseded by the development controls and
regulations specified for each PUD as provided for the approved masterplan of respective PUDs.

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23.5 O-PUD Master Plan. The following rules shall guide and govern the O-PUD Master Plan
process:

A. Scope

1. The entire area covered by each identified O-PUD Zone shall always be the subject of the
study in the preparation of the proposed Master Plan. The O-PUD Master Plan shall have two
(2) classifications according to the extent of planning area jurisdictions: 1. PUD Master
Development Plan (PMDP); and 2. Barangay Master Development Plan (BMDP).

2. The PUD Master Development Plan, which will have a ten-year planning horizon, shall cover
the entire jurisdiction of each O-PUD and/or area sections of the O-PUD having four or more
barangays.

3. In cases where the proponent/s of the Master Plan can not cover the entire area of the specific
O-PUD Zone, the component area of which may be allowed, provided that the entire
jurisdiction/s of the barangay/s within the subject Zone are covered by the Master Plan. Thus,
the smallest master planning area shall be referred to as the Barangay Master Development
Plan covering one, two or three barangays. The BMDP of the subject barangay/s, which will
cover a five-year planning horizon shall have the following components:

a. O-PUD Development Framework – The entire PUD area or the major sections of which,
where the subject barangay is located, shall be studied to come up with a proposed land use
and zoning development framework for the area. The proposed framework must be consistent
with the objectives of the 2006 Manila Comprehensive Land Use Plan and Zoning Regulations
and other related plans affecting the area under study. The aim of this framework is primarily
to preserve and enhance the character of the area and harness its urban resources to
complement with other areas in its environs. It generally contains potential land uses and
development densities of the area under consideration highlighting the general development
objectives envisioned for the area.

b. Barangay Situationer

b.1 Area Resource and Situation Assessment - This is the sensible evaluation of the
current condition of the barangay area as a resource. In this component, challenges and
opportunities, which are actually optimistic perception of problems, can be identified. For the
area being planned, the physical, visual, economic and socio-cultural resources shall be
surveyed. Various survey methodologies shall be applied for this purpose. These are the
following:

• Baseline Data Gathering and Literature Review


• Urban and Architectural Character Survey
• Barangay Establishments and Land Use Survey
• Barangay Urban Infrastructure, Utilities and Services Survey
• Urban Hazards Survey
• Barangay Area Function Analysis

b.2 Area Stakeholders Assessment - This is concerned with characterization of


individuals, groups and entities that form the urban community residing or located in the
barangay under study. This is designed to identify their interests, concerns, motivations and
perceptions of the street where they live and work. These greatly influence the socio-economic
and physical network of a given urban area. The methodologies that may be utilized in this
component of the study are as follows:

• Area Stakeholders and Users Profiling


• Area Activity Pattern Survey
• Key Informant Interview

c. Barangay Physical Development Master Plan: Urban Design and Streetscape Studies
- Based on the data generated from the above-cited components of the plan, preliminary
urban design concepts shall be generated by the Proponent together with the team of urban
planners, designers and architects involved in the barangay development planning. These
preliminary concepts, if necessary, shall be presented to the stakeholders for their
refinements. The concepts are meant to tie together all the elements of the street such as

MCLUPZO IRR
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buildings, storefront windows, building facades, weather protection, setbacks and entrances,
sidewalk locations, opportunities for sidewalk activities, crosswalk arrangements, roadway
widths, left turn bays, parking trees and street furniture so they work together as a whole. This
will serve as the physical component of the Barangay Master Development Plan. It will include
the Master physical layout plan that includes the existing and prospective development in the
area that delineates the use mix earmarked for the barangay area; its proposed infrastructure
and utility networks and open space and greening system consistent with existing technical
guidelines and legislations. Appropriate maps and drawings and their content descriptions will
be part of this component. This can also serve as basis for design development guidelines that
can be developed for the entire PUD area in the future.

d. Barangay Development Partnerships - The concerns of this development plan


component serve as the foundation for the viability of the potential barangay development
initiatives as this will make the funding and implementation of the projects possible. The
proposed partnership arrangements shall be further validated through direct consultation and
roundtable/focused group discussions with major decision-makers wherein group interests and
concerns are tackled with the end view of reaching the consensus.

4. The BMDP shall specify LUIC provisions limited to the subject barangay, which shall be
adopted and implemented only after its approval by MZBAA. The O-PUD Development
Framework included in the BDP shall serve as a working document that can be further
developed by other stakeholders in the O-PUD Zone. Likewise, this framework shall be utilized
to come up with policies which will harness and manage the urban resources and
environmental effects arising from developments in the area.

5. The above-mentioned components of the BMDP shall also be the coverage in preparing the
PMDP. The component on Barangay Development Partnerships shall not be required in
PMDP but it shall be highly encouraged.

6. In case the BMDP/PMDP recommends new land use and zoning, and/or new list of allowable
uses not mentioned in City Ordinance No. 8119, Zoning Ordinance provisions on Re-Zoning
shall apply.

7. Amendments may only be made after the following prescribed period: PMDP-two (2) years
upon its approval; BMDP-one (1) year upon its approval. Proposed amendments shall be
subjected to the approval of MZBAA.

8. Repeal within the period of the stipulated respective planning horizons of the approved PMDP
and BMDP shall be subjected to the approval of the Sangguniang Panglungsod/City Council.

9. In the culmination of the prescribed planning horizon, another PMDP/BMDP of the subject area
may be proposed and this shall be subjected to the hereto-discussed regulations, procedures
and guidelines.

B. Eligible Proponents and Participants

1. Proponents

a. Barangay officials and residents, organizations, institutions, developers and investors are
eligible proponents in the preparation of Master Plan (PMDP and/or BMDP).
b. Eligible proponents should engage a registered Environmental Planer (EnP) who would
spearhead the preparation of the Master Plan and to officially endorse (signed and sealed)
the same.
c. Likewise, CPDO of Manila is an eligible proponent.

2. Participants

a. Community and area stakeholders shall be the eligible participants in the preparation of
PMDP/BMDP.
b. Tri-partite Planning Network shall take lead in the formulation of PMDP/BMDP. This
Network shall be composed of the following: 1. Environmental Planner of PMDP/BMDP
Proponent; 2. Barangay Council/ Sangguniang Barangay of the planning area; and
3. CPDO.
c. Stakeholders’ active participation in the planning process is a must.

MCLUPZO IRR
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C. Application, Review and Approval Process

1. Pre-Application Conference.
This is the point of first contact between CPDO and the eligible proponent with the engaged
EnP wherein requirements and timetables are discussed. This is composed of informal
meetings composed of PMDP/BMDP proponent with the engaged EnP, CPDO Planning Staff,
Community Barangay Officials, and Major Stakeholders/ Primary institutions. In this primary
stage, the eligible proponent shall confer with CPDO to resolve questions about interpreting
the ordinances, to clarify PUD planning process, and to obtain CPDO views based on the
PMDP/BMDP proponent’s preliminary conceptual plans. Several such meetings may occur
before formal submission. Submission of the Proponent’s Letter Of Intent (LOI) shall signify
the culmination of this Conference. Required attachments of the LOI shall be as follows:

a. PMDP/BMDP
• Documentation of the Pre-Application Conference
• Conceptual Plans and Proposals

These documents shall be evaluated by CPDO and Notice to Proceed shall be given to the
Proponent within 5 working days following formal complete submittals.

2. Preliminary Development Plan.


This is the preparation and submission stage of the PMDP’s/BMDP’s PRELIMINARY
DEVELOPMENT PLAN. Basic documents such as the PMDP/BMDP components discussed
above shall be submitted to the CPDO for review, comments and recommendations. Required
attachments of the PMDP’s/BMDP’s Preliminary Development Plan shall be as follows:

a. PMDP/BMDP
• Documentation of PMDP’s/BMDP’s Preliminary Development Plan Community &
Stakeholders Meeting/s

These shall be endorsed back to the Proponent upon review completion, within 15 working
days following formal complete submittals.

3. Final Development Plan.


This is the preparation and submission stage of the PMDP’s/BMDP’s FINAL DEVELOPMENT
PLAN. Upon submission to the CPDO, the PMDP/BMDP should be duly signed and sealed by
the engaged Registered Environmental Planner and should have integrated comments and
recommendations. Required attachments of the PMDP’s/BMDP’s Final Development Plan
shall be as follows:

a. PMDP
• Documentation of Community & Stakeholders Meetings
• Stakeholders Endorsement

b. BMDP
• Documentation of Community & Stakeholders Meetings
• Stakeholders Endorsement
• Barangay Resolution/s adopting the said /BMDP. The Resolution/s shall be acted upon
by the Barangay Council/s within seven (7) calendar days from receipt thereof,
otherwise the same shall be deemed approved.

All of these shall be submitted to the CPDO for final review, comments and recommendations.
This PMDP/BMDP shall also be evaluated within the criteria discussed below before endorsing
to the MZBAA for their approval. Final Review shall be made within 15 working days and
Evaluation shall be made within 5 working days following formal complete submittals.

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D. Evaluation Process & Criteria

1. Formally-submitted PMDP/BMDP in the Final Development Plan Stage shall be efficiently


evaluated by CPDO before making any report or recommendation to MZBAA.

2. The PMDP/BMDP shall be evaluated within the realms of the following general criteria:

• Feasibility, Viability, Acceptability, and Sustainability


• Responsiveness to the PUD Objectives
• Complementary with MCLUPZO 2006
• Equal Representation of Interests
• Fostering Community Partnerships

3. The results of the evaluation shall be summarized and a technical report shall be made. This
shall be attached to the submitted PMDP/BMDP with other required documents. Then, all of
these shall be submitted to MZBAA for their proper action. The Proponent shall be given a
copy of the technical evaluation report upon endorsement to MZBAA.

Section 24. Use Regulations in Buffer Overlay Zone (O-BUF)

24.1 General. The 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.

24.2 Allowable Uses. Enumerated below are the allowable uses:

A. Principal Uses
1. All uses allowed in POS-GEN
2. Road

B. Accessory Uses
1. Fire/security station
2. Place of religious worship/use
3. Multi-purpose hall/room
4. Health facilities/clinic/day care center
5. Utility installation for use of zone/lot occupants
6. Exhibit area, art gallery
7. Transportation terminal/station

24.3 Land Use Intensity Control (LUIC). The following are the LUIC requirements that shall be
observed in the O-BUF Overlay Zone.

A. The maximum PLO of temporary structure/s under this Overlay Zone shall be 25% of the subject
lot.
B. Height regulations shall be imposed as provided for by Section 27.2 of this IRR.

24.4 Use Guidelines. The guidelines that shall be used in the O-BUF Overlay Zone is stated in
Section 31 of this IRR.

Section 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.

MCLUPZO IRR
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RULE VI
GENERAL LAND USE INTENSITY CONTROL

Section 26. Development Density

26.1 General. Permitted density shall be based on the zones’ capacity to support development.

A. Residential Zone

1. High Density Residential/Mixed Use Zone (R3/MXD) – In R-3/MXD Zone, allowed density
is sixty-six (66) or more dwelling units per hectare.

B. All Other Zones

1. 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.

26.2 Percentage of Land Occupancy. The PLO stated in each respective zone shall always be
complied together with its prescribed minimum setbacks. The measurement of land/lot occupancy
shall be taken at the ground level. Likewise, the following conditions should also be complied:

A. Buildable Area
It is the area in the subject lot that is covered by the maximum PLO. It is the combined (roofed)
covered area of a building measured at the ground floor excluding the projection of upper floors and
roof eaves, similar to building area.
1. If without a firewall, buildable/building area of a proposed structure shall be measured
horizontally from the outermost faces of exterior walls to the outermost faces of the
opposite exterior walls established at grade/ground level.
2. If with a firewall on one (1) side, buildable/building area of a proposed structure shall be
measured horizontally from the property line with a firewall to the outermost faces of the
opposite exterior walls established at grade/ground level.
3. If with a firewall on two (2) sides or on one (1) side and the rear property line,
buildable/building area of a proposed structure shall be measured horizontally from the
opposing property lines in case of a firewall on two (2) sides or from the rear property line
with a firewall to the outermost faces of the opposite exterior walls established at
grade/ground level.
4. In the absence of surrounding exterior walls, buildable/building area of a proposed
structure shall be the area within the perimeters of the exterior columns.

B. Non-Buildable Area
It is the area in the subject lot that is not covered by building area. It is the resultant area of the
subject lot after subtracting the building area and the required open space. Its outermost projection
shall be considered as the edge of building footprint.
1. Front building setback shall not be imposed to areas where arcaded sidewalk and/or
arcade structures have been designated by city ordinances.
2. Parking, parks, garden or any other similar uses shall be allowed in this area provided that
no permanent structure shall be built.
3. Roof overhang and/or building projections in upper levels of this area shall be allowed
provided that the required Open Space is met.
4. Structural elements of the building (e.g.columns and footings) shall not be allowed to be
constructed in this area.

C. Building Footprint
It is the effective area in the subject lot that is covered by any structure with its perimeter measured
from the downward projection of the outermost edge of its roof overhang. It is the resultant area after
combining buildable area and non-buildable area.
1. In case of multiple levels, the largest projected area shall be considered the building
footprint.
2. In the absence of surrounding exterior walls, the building footprint shall be the area under
the horizontal projection of the roof.

MCLUPZO IRR
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D. Open Space
It is the unoccupied space open to the sky on the same lot with the building. It is the resultant area
in the subject lot after subtracting the building footprint.
1. Roof overhang and/or building projections of upper levels of the building shall not be
allowed to encroach on the required open space.
2. Courts, yards, and light wells shall be measured clear of all projections from the walls
enclosing such wells or yards with the exception of roof leaders, wall copings, sills or steel
fire escapes not exceeding 1.20 meters in width.
3. NBC provisions on open space requirements shall be complied and shall be used in the
computation of maximum allowable building footprint per specific types of lot and
occupancies.
4. In case of conflict of provisions between NBC and Zoning Ordinance IRR, the more
restrictive regulation shall govern.

26.3 Floor Area Ratio. The FAR stated in each respective zone shall always be complied unless
superseded by the approved master plan of Overlay Zones. Likewise, the following conditions should
also be considered:

a. Additional FAR may only be increased in cases provided for by Section 28 of this IRR.
b. Applicability of FAR shall be as follows:
1. Maximum FAR – Total Gross Floor Area
2. Additional FAR – Total Gross Floor Area

Section 27. Height Regulations

27.1 General. 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.

27.2 Regulation Guidelines.

A. Public Open Space Zone


In Public Open Space Zone, no building or structure shall be higher than ten (10) meters above
the highest natural grade line and provided it conforms with the zone’s prescribed LUIC.

B. Overlay Zones
All structures identified in these zones shall be subjected to urban design controls provided for by
this IRR.

1. Histo-Cultural Heritage Overlay Zone (O-HCH) – Height regulation shall be imposed to the
surrounding O-HCH structures in order to preserve its vista.
a. Applicability. The height regulation provisions shall be imposed to O-HCH Zone with O-
HCH structures only not in O-HCH sites and markers.

2. Planned Unit Development Overlay Zone (O-PUD) – Height regulations shall be imposed O-
PUD zones as prescribed by its respective approved master plans. In absence of these,
general LUIC of respective zones where these are located shall govern.

3. Buffer Overlay Zone (O-BUF) – No permanent structure shall be built on this Overlay Zone.
Temporary structures shall not be higher than ten (10) meters above the highest natural grade
line and provided it conforms to the Overlay Zone’s prescribed LUIC.

C. All Other Zones


There is no fixed building Height limit except those prescribed by the Air Transportation Office
(ATO) and other government regulations. Within these zones, building heights shall be based on
the prescribed FLOOR Area Ratio (FAR).

MCLUPZO IRR
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Section 28. Area Regulations

Area regulation in all zones shall conform with the minimum requirement of the existing codes such
as:

A. P.D. 957 – the “Subdivision and Condominium Buyers’ Protective Law” and its revised
implementing rules and regulations

B. B.P. 220 – “Promulgation of Different Levels of Standards and Technical Requirements for
Economic and Socialized Housing Projects” and its revised implementing rules and regulations

C. P.D. 1096 – National Building Code and its implementing rules and regulations

D. Fire Code; Sanitation Code; Plumbing Code; Structural Code

E. E.O. 648 – Reorganizing the Human Settlement’s Regulatory Commission

F. Other relevant guidelines promulgated by the national agencies concerned

Section 29. Additional FAR Provisions

29.1 General. Additional FAR beyond the prescribed allowable maximum FAR can be availed
through the three (3) development modes subject to the requirements of the Zoning Ordinance and
this IRR.

29.2 Developmement Modes. The following are the Development Modes that may be availed for
Additional FAR:

A. Transit-Oriented Developments (TOD)

1.Terms and Conditions. In all commercial zones (C-2/MXD, C-3/MXD), a building or a structure
that is within four hundred (400) meters walking distance from an existing LRT or commuter rail
station will be allowed to build three (3) FAR higher than their maximum FAR specified in this Zoning
Ordinance, PROVIDED, That the building owner/s or developer/s should build and maintain, at his
cost, a direct, elevated as to being in the same level as the terminal, well-ventilated, sheltered
pedestrian link from his building to the immediate structure of the transit station/terminal building as
approved by the Building Official and in consultation with concerned transit authorities, this link must
be of sufficient dimension to accommodate public pedestrian volumes and must be kept open, safe,
and well-lighted for the use of the general public at least during a period that extends before and after
regular working hours.

As for all commercial zones (C-2/MXD, C-3/MXD), beyond 400 meters 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 their 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.

B. Transfer of Development Rights (TDR) for Citywide Applicability

1.Terms and Conditions. The following are the general application of the TDR for Citywide
Applicability.

a. 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:
i. The Transfer Lot and Development Lot are adjacent to each other.
ii. 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.
iii. The maximum FAR that can be received by a Development Lot is 25% of the original
maximum FAR of the Development Lot.

MCLUPZO IRR
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iv. 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.
v. FAR that has been transferred can only be re-transferred to its original lot.

b. 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.

C. Floor Area Bonus Incentives thru Public Benefit Features

1.Terms and Conditions.


a. 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.
b. Floor Area Bonus Incentives shall be available to all developments within the City.
c. 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: 1.canopy; 2 pedestrian walkways; 3.interior arcade; 4 passenger loading/unloading;
5.plaza or open space; 6.roof gardens; 7.street level landscaped public space; 8.street
arcade/arcaded sidewalk; and 9. public art.
d. The bonus FAR incentives enumerated below are values that are assigned for the total
accumulated areas. The maximum FAR Bonus that a development can acquire is 100% of the
original FAR provision subject to the approval of the CPDO.
In case more than 100% of the original FAR provision is being applied for, such case shall be
treated as variance or exception, which shall be subjected to the recommendation of MZBAA
and the approval of the City Council.

2. Public Benefit Features Criteria. The following are the Public Benefits Area Provisions and the
corresponding Bonus Incentives:

FAR BONUS
PUBLIC BENEFIT FEATURES AREA PROVISION
INCENTIVE
1. CANOPY Below 50% of building frontage +0.50

Above 50% of building frontage +1.00


2. PEDESTRIAN WALKWAYS Connecting to other buildings +1.00

Connecting directly to a transport +1.25


terminal
3. INTERIOR ARCADE Allowing for the building to get maximum +1.00
internal natural lighting
4. PASSENGER LOADING/UNLOADING 1 station/terminals +1.00
(equipped to promote pedestrian safety
and road safety measures) 2 or more station/terminals +1.75
5. PLAZA OR OPEN SPACE (within bgy) 25 - 50 sq m +0.50
6. ROOF GARDENS (see Section 58) 51-100 sq m +1.00
7. STREET LEVEL LANDSCAPED 101-150 sq m +1.50
PUBLIC SPACE (within its street) 151 - 175 sq m +1.75
176 sq m and above +2.00
8. STREET ARCADE/ Below 50% of building frontage +1.00
ARCADED SIDEWALK
Above 50% of building frontage +1.50
9. PUBLIC ART (within ground floor Functional Art +0.50
and/or its street) (minimum of 50 sqm floor space)
Installation Art +0.25
(minimum of 25 sqm floor space)
Folies/Mural +0.25
(minimum of 50 sqm surface area)

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3. Application Requirements. The following are the required attachments for filing an application for
Floor Area Bonus Incentives.

I. Brief Project Description


A. Type of Project
B. Project Area Coverage (in square meters)
C. Number of floors and units by type/use
D. Project components by use and area coverage (in square meters)
E. Existing Zoning, FAR provision (for the whole block and for the lot applied for)
F. Location map showing relationship to transport terminals and other facilities
G. Site Plans and Floor Plans
Site Plans showing accessibility:
1. automobile, transit terminals, pedestrian network, and service/utility
2. parking facilities
3. proposed sidewalks/street improvements

II. Proposed Public Benefit Features


A. Computation of FAR Bonus Incentives
B. Building Plans (floor plans, structural plans) with highlighted public benefit features.

III. Other documents/information as requested by the CPDO (e.g.MOA, Bgy Clearance,


Construction Contract for the Public Benefit Features.

Section 30. Easement

30.1 General. Regulation provision for easements shall always be complied.

30.2 Regulation Guidelines. Pursuant to the provisions of the Water Code of the Philippines:

A. 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.

B. 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.

Section 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 this 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.

Section 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.

Section 33. Building or Structure Use

33.1 General. 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 the Zoning Ordinance.

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Section 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.

Section 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.

Section 36. Advertisement/Business Signs/Billboards or Street Graphics

36.1 General. Advertising, business signs and billboards to be displayed or put up for public view in
any of the districts herein enumerated must comply with existing laws, rules and regulations. Further,
they shall not be allowed along scenic areas of parks, recreation zones, and obstruct heritage
buildings or structures of significant value to the people, as provided for in this IRR.

36.2 Signage Variances.

A. The Manila Zoning Board of Adjustments and Appeals (MZBAA) may grant a variance from the
regulations in the Ordinance if it finds that:
1. The street graphic is substantially consistent with the design criteria as set in the National
Building Code
2. The proposed exterior design features of the street graphic are compatible with the
character of the adjacent buildings and with the character of the adjacent neighborhood.

B. The design criteria applicable to variances, in addition to the provision of the NBC, are as follows:
1. The street graphic shall have good scale and proportion in its design and in its visual
relationship to buildings and adjacent areas
2. The material, size, color, lettering, location, and arrangement of the street graphic shall be
an integral part of site and building design
3. The colors, materials, and lighting of the street graphic shall be restrained and harmonious
4. Lighting for the street graphic shall be in harmony with the design of the street graphic and
the building or premises in which it is to be displayed

36.3 Non-conformance Signage. A street graphic is non-conforming and must comply with this IRR if:

A. It is damaged or destroyed and the cost of reconstruction or repair is 60 percent or more of its
depreciated value at the time it is damaged or destroyed
B. It has not been used for a period of six months or longer
C. It is substantially modified
D. It is relocated on the same or different premises

36.4 Design Factors. The following are the design factors that the CPDO shall consider in the
assessment of Signages and Street Graphics:
A. Surface Colors
B. Color of light
C. Bare-Bulb Illumination
D. Flashing and Moving Lights
E. Floodlighting Illumination
F. Indirect Illumination
G. Internal Illumination
H. Tube Illumination
I. Mechanical Movement
J. Flame

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36.5 General Requirements.

A. Signage should be readily observable by all people, including those who are visually handicapped.
Braille and raised or recessed letters are readable by the blind or partially sighted. Casette tapes
or audible tones are other possibilities with distinct advantages over written information, except for
those with impaired hearing. Traffic signals and kiosks are especially amenable to audible
signalization.

B. Signage with matte finish and color contrast between characters and background is most
readable. A dark background with light letters is the easiest to read.

C. Signs should not be obscured or confused with other graphics and should be easily recognized for
what they represent

D. Signage with intended for those with visual impairments should be well lit and/or located for easy
access and touch.

E. Signages that is visually compelling and informative, and that adds interest to the pedestrian
experience should be used.

F. Visually interesting, unique and original signage shall be created to identify areas and guide users
from one venue to another.

G. Well designed monument signs and landscaping should be placed at roadway entries.

H. Signs shall be required to be compatible with building and site design in terms of color, material
and placement.

I. Noticeable signs should be designed to utilize materials and color palettes that area compatible
with the architecture and designs of the surrounding environment.

J. Materials that shall be utilized are to complement established architectural features and themes.

K. Signs should be carefully designed and placed so as not to dominate and detract from the visual
aesthetics of the community.

L. Signs shall be ensured that they are properly maintained.

M. The amount of text placed on commercial signs should be minimized. Busy signs tend to make an
area look cluttered or unorganized.

N. Lighting elements shall be integrated into sign designs. Conceal lighting mechanics so that they
do not detract from sign aesthetics

O. The use of flashing, moving or audible signs shall be discouraged.

P. Street signs should be created to clearly identify street name and community.

Q. A neighborhood icon or graphic should be utilized in street signages that can immediately identify
the neighborhood to which the street is located.

R. Banners and flags should be used to define districts and neighborhoods, enhance aesthetics,
serve as visual markers, establish character, enhance civic pride, and provide information.

S. Landscaped and decorative monument signing should be provided at key gateway entries.

T. Directional signs that area easy to read should be provided.

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36.6 Integration with Architecture.

A. General Objective
The general objective is to ensure that signage is part of the overall design of a project and not
additive or an afterthought.

B. General Requirements
1. The design of buildings and sites shall identify locations and sizes for future signs. As tenants
install signs, such signs shall be in conformance with an overall sign program that allows for
advertising which fits with the architectural character, proportions, and details of the
development. The sign program shall indicate location, size, and general design.
2. Signs shall not project above the roof, parapet, or exterior wall.

36.7 Creative Graphic Design.

A. General Objective
The general objective is to encourage interesting, creative and unique approaches to the design of
signs.

B. General Requirements
1. Signs should be highly graphic in form, expressive and individualized.
2. Signs should convey the product or service offered by the business in a bold, graphic form.
3. Projecting signs supported by ornamental brackets and oriented to pedestrians are strongly
encouraged.
4. If projecting signs or wall signs incorporate one-of-a-kind graphic elements, the size otherwise
allowed by the Building Code, may be increased by 20%, so long as the sign is oriented to
pedestrians.

36.8 Pedestrian Oriented Signs.

A. General Objective
The main objective of pedestrian oriented signs is to ensure that signs are interactive with people on
foot and signs shall be oriented to pedestrians, rather than people in vehicles.

C. Types of Signs
The following are types of signs that are oriented to pedestrians:
1. Projecting signs (blade signs)
2. Logo signs (symbols, shapes)
3. Wall signs over entrance
4. Sandwich board signs
5. Ground signs

36.9 Unique Landmark Signs. To respond to the unique character of the neighborhood and
business, the signages shall follow the following requirements:

A. Existing historic signs and landmark structures that feature the character of the area shall be
retained.

B. New landmark signs should correspond to the location, setting and type of businesses and shall
be approved by the CPDO.

36.10 Ground Signs. To ensure that signs are not principally oriented to automobile traffic, they shall
follow the following requirements:

A. Pole signs shall be prohibited. All freestanding signs shall be ground signs no higher than 5 ft

B. The base of any ground sign shall be planted with shrubs and seasonal flowers.

Section 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 the Ordinance shall be met for each structure as though it was to
be erected on an individual lot.

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Section 38. Dwelling on Rear Lots

No building used or designed to be used as residential shall be allowed in any rear lot unless
such lot has a right-of-way easement over a path of at least four (4) meters leading to a street. Two
(2) or more buildings, however, may be allowed on a common path if the right-of-way easement is at
least six (6) meters wide.

Section 39. Structure 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.

Section 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.

Section 41. Dwelling Group

41.1 General. When it is impractical to apply the requirements of these Zoning Regulations to
individual building unit in a residential compound, consisting of two or more buildings, a permit for the
construction of such compound may be issued, provided, that the plan thereof conform to the hereto-
stipulated conditions:

41.2 Conditions

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. 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.

Section 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.

Section 43. Petition to Homeowner’s Association or Barangay

Where a person plans to establish a certain use/activity which will necessarily affect the
character of a residential zone in terms of traffic to be generated and/or opening the area to outsiders
which may result in loss of privacy of its residents, the prior social acceptability of the majority of the
household heads of the homeowner’s association or in its absence, the barangay, most especially the
persons immediately adjacent to the proposed site, will have to be secured as one of the preliminary
criteria for the approval of the zoning permit (locational clearance) and building permit.

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RULE 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.

Section 44. Buffer Yards

44.1 General. 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.

44.2 Regulation Guidelines.

A. Buffer between Adjoining Properties


Between two different developments, e.g. residential and commercial, the more intense the
land use shall provide the proper buffer design and materials. If a development shall occur beside a
vacant lot, the owners of the properties in consideration may submit a contractual agreement whereby
the required buffer for the first area to develop shall be reduced or waived. If additional buffer will be
required at the time the vacant lot develops, it shall be provided by the latter development.

B. Buffers on Simultaneous Developments


The more intense use shall provide the necessary buffer in cases when two developments
occur simultaneously.

C. 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.

D. Types of Buffer
Landscaped buffers with suitable foliage are encouraged. On developments where it is not be
possible to put a landscaped buffers (such as narrow lots), the developer may put up a fence
provided, that the fencing material is compatible with the design of the building as long as the wall
looks visually pleasing.

E. 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.

F. 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.

G. Buffer Variance

1. Variances from the buffer and setback requirements may be granted in accordance with the
following provisions:
a. The project involves the construction of a property on a parcel that was platted prior to the
effective date of this ordinance, and its shape, topography or other existing physical condition
prevent land development consistent with this ordinance, and the CPDO finds and determines
that the requirements of this ordinance prohibit the otherwise lawful use of the property by the
owner, the MZBAA may grant a variance from the buffer and setback requirements hereunder,
provided such variance requires mitigation measures to offset the effects of any proposed
land development on the parcel.

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b. Except as provide above, the MZBAA shall grant no variance from any provision of this
ordinance without first conducting a public hearing on the application for variance and
authorizing the granting of the variance by an affirmative vote of the MZBAA. The City shall
require the applicant post a sign giving notice of the proposed variance and the public hearing.
The sign shall be of a size and posted in such a location on the property as to be clearly visible
from the primary adjacent road right-of-way.

2. Criteria for Buffer Zone Variances:

a. When a property’s shape, topography or other physical conditions existing at


the time of the adoption of this ordinance prevents land development unless a
buffer variance is granted.

b. Unusual circumstances when strict adherence to the minimal buffer requirements in the
ordinance would create an extreme hardship. Variances will not be considered when, following
the adoption of this ordinance, actions of any property owner of a given property have created
conditions of hardship on that property.

c. At a minimum, a variance request shall include the following information:


• A site map that includes locations of all streams, and land uses (for conflicting land uses),
as determined by field survey
• A description of the shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property
• A detailed site plan that shows the location of all existing and proposed structures and
other impervious cover, the limits of all existing and proposed land disturbance, both inside
and outside the buffer and setback. The exact area of the buffer to be affected shall be
accurately and clearly indicated
• Documentation of unusual hardship should the buffer be maintained.
• At least one alternative plan, which does not include a buffer or setback intrusion, or an
explanation of why such a site plan is not possible
• A calculation of the total area and length of the proposed intrusion
• A stormwater management plan, if applicable
• Proposed mitigation, if any, for the intrusion. If no mitigation is proposed, the request must
include an explanation of why none is being proposed.

d. The following factors shall be considered in determining whether to issue a


variance:
• The shape, size, topography, slope, soil, vegetation and other physical characteristics of
the property
• The location of all stream in the property, including along property boundaries
• The location and extent of the proposed buffer or setback intrusion and
• Whether alternative designs are possible which require less intrusion or no intrusion
• The long term and construction environmental impacts of the proposed variance
• Whether the issuance of the variance is at least as protective of and harmonious with the
environment

3. Variance requests from the requirements of this Ordinance shall be submitted on an application
form as prescribed by the CPDO, along with such fees as shall be established by the City Council.
The CPDO shall coordinate review of each variance request with all other affected City departments
and shall forward such comments or recommendations as may be received to the MZBAA for action.

Section 45. Environmental Conservation and Protection Standards

45.1 General. It is the intent of the City to protect its natural resources. In order to achieve this
objective, all development shall comply with the hereto-stipulated regulations:

45.2 Regulation Guidelines.

A. Views shall be preserved for public enjoyment especially in sites with high scenic quality by
closely considering building orientation, height, bulk, fencing and landscaping.

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B. The utilization of the water resources in Manila shall be allowed provided it is in consonance with
the development regulations of the DENR, provisions of the Water Code, the Revised Forestry
Code of the Philippines, as amended, and whenever necessary, be subjected to an Environmental
Impact Assessment (EIA).

C. 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.

D. 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.

E. All developments shall undertake the protection of rivers and esteros from sedimentation and
erosion damage.

F. The internal drainage systems of developments shall be so designed as not to increase turbidity,
sediment yield, or cause the discharge of any harmful substances that will degrade the quality of
the water. Water quality shall be maintained according to DENR DAO No. 34 – Revised Water
Usage and Classification/Ambient Water Quality Criteria.

G. City and industrial wastewater effluents shall not discharge into surface and groundwater unless it
is scientifically proven that such discharges will not cause the deterioration of the water quality.
Effluents shall be maintained according to DENR DAO No. 35 – 91 – Establishing Effluent Quality
Standards for Class “C” Inland Waters.

H. Floodplains shall not be altered, filled and/or built upon without proper drainage design and
without proper consideration of possible inundation effects on nearby properties.

I. 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.

J. 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.

Section 46. Network of Green and Open Spaces

46.1 General. To develop and maintain a network of green and open spaces several provisions shall
be complied.

46.2 Terms and Conditions . Aside from complying with the open space requirements of PD 957,
BP 220 and other related issuances, the following shall apply:

A. All residential, commercial, industrial and mixed-use subdivisions are required to provide tree-
planted strips along its internal roads having spacing of not more than ten (10) meters.

B. Similar development with total contiguous land areas greater than ten (10) hectares are required
to provide, in addition to the above, landscaped forest parks of not less than Five Hundred Square
Meters (500 sq.m.) for the use of the occupants and/or the general public.

C. Residential compounds, regardless of total lot area, shall provide an open space for playground
purposes with an area equivalent to at least five percent (5%) of the required lot area per family.
Where the residential compound is intended for less than ten (10) families, the setting aside of
such area for playground purposes may be dispensed with, PROVIDED, That an open space may
be used as part of the yard requirement for the compound.

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Section 47. Historical Preservation and Conservation Standards

47.1 General. Historic sites and facilities shall be conserved and preserved. These shall, to the extent
possible, be made accessible for the educational and cultural enrichment of the general public.

47.2 Regulation Guidelines. The regulation guidelines for historic sites and facilities, as provided for
by Section 47 of the Zoning Ordinance and Section 22.5 of this IRR, shall be complied.

Section 48. Site Performance Standards.

48.1 General. 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.

48.2 General Regulation Guidelines. The design, construction, operation and maintenance of every
facility shall be in harmony with the existing and intended character of its neighborhood. It shall not change
the essential character of the said area but will be a substantial improvement to the value of the properties
in the neighborhood in particular and the community in general.

48.3 Design Considerations. Furthermore, designs should consider the following:

A. 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.

B. 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.

C. 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).

D. 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.

E. Developments that attract a significant volume of public modes of transportation, such as tricycles,
jeepneys, buses, etc., shall provide on-site parking for the same. These shall also provide vehicular
loading and unloading bays so as street traffic flow will not be impeded.

F. 6. Buffers, silencers, mufflers, enclosures and other noise-absorbing materials shall be provided to
all noise and vibration-producing machinery. Noise levels shall be maintained according to levels
specified in DENR DAO No. 30 – Abatement of Noise and Other Forms of Nuisance as Defined by
Law.

G. Glare and heat from any operation or activity shall not be radiated, seen or felt from any point beyond
the limits of the property.

H. No large commercial signage and/or pylon, which will be detrimental to the skyline, shall be allowed.

I. Design guidelines, deeds of restriction, property management plans and other regulatory tools that will
ensure high quality developments shall be required from developers of commercial subdivisions and
condominiums. These shall be submitted to the City Planning and Development Office (CPDO) for
review and approval.

Section 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.

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Section 50. Traffic Impact Study

50.1 General. Major, high intensity development 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.

50.2 Development Projects requiring TIS/TIA. Enumerated below are the development projects
which are required to submit TIS/TIA and TMP:

A. Residential developments in excess of 200 units


B. Business developments with Gross Floor Area (GFA) in excess of 5,000 sq.m.
C. Warehousing with a GFA of 10,000 sq.m.
D. Retail developments with GFA in excess of 1,000 sq.m.
E. Developments with a combined generation and attraction (vehicles or pedestrians) greater
than 100 in the highest hour
F. Where more than 100 off-street parking spaces are provided

RULE VIII
SUPPLEMENTARY REGULATIONS

Section 51. Innovative Techniques or Designs

51.1 General. When it is impractical to apply the requirements of these Zoning Regulations to certain
developments, the proponent may apply for a permit with the City Planning & Development Office
(CPDO) on grounds of innovative development techniques.

51.2 Terms and Conditions. The proponent may apply for a permit, PROVIDED that the following
conditions are complied with:

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. In case of medium to large scale-development project, the area subject to application should be a
consolidated parcel of land of at least two (2) hectares.

F. In cases of pollutive/hazardous or high category of industries they shall not be allowed in a


residential area.

Section 52. Special Use Permits

52.1 General. In order to manage uses which pose social and environmental impact to the
community, special use permit shall be applied for by the proponents having the below-enumerated
types of projects.

52.2 Terms and Conditions. A special use permit shall be required for each of the following uses,
subject to such terms and conditions as hereunder prescribed:

MCLUPZO IRR
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A. Transfer Stations

B. Materials Recovery Facilities (MRF), Transfer Stations, and other Ecological Sanitation
Facilities
1. Adequate fencing shall be put up to prevent undue scattering of wastes.
2. Eradication of rats and spraying of flies and the general maintenance of the
dumping site shall be the sole responsibility of the proponent.
3. RA 9003 (Ecological Solid Waste Management Act of 2000) provisions shall at
all times be complied with.
4. Other sanitary requirements of the City and the Department of Health (DOH)
shall be complied with.

C. Radio Transmitting Stations/Telecommunication Towers


1. Radio Transmitting Stations and Telecommunication Towers shall be located
within transport and utilities zones.
2. The sound maintenance of such station shall be the exclusive responsibility of
the proponent and/or persons operating them.
3. Where the public welfare demands, however, radio transmitting stations
/telecommunication towers may be located in some residential zones provided
the preceding condition is complied strictly, and no interference with or damage
to local electrical appliances or other property will likely result.

D. Private Heliports
1. Heliports may be allowed along commercial, industrial or institutional buildings
provided safety requirements are complied with.
2. A written authority to operate shall be secured from Aeronautics Administration
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 the proposed
landing site.

E. Filling Stations
1. They must conform with the standards set by the Department of Energy
(DOE).
2. Filling stations shall be located at least Two Hundred (200) meters from nearest
schools, churches, hospitals and other similar structures/institutions.
3. They shall not constitute safety hazards in a community developed entirely for
residential purposes.
4. Buffer strip and adequate fire fighting equipment must be provided.

F. Open Storage Except Hazardous/Pollutive Substances


1. Open storage except hazardous/pollutive substances shall be located within at
least Two Hundred (200) meters from schools, churches, hospitals and other
similar institutions.
2. Their sound maintenance shall be the sole responsibility of the proponent.

G. Abattoir/Slaughterhouse
1. Abattoir shall be located within reasonable existence from residential and
commercial areas as determined by the City Planning & Development Office
(CPDO); PROVIDED, That they shall not be located within the same premises
as public markets.
2. A written authority to operate shall be secured from the local health and
sanitation office by the applicant at least 90 days before the intended date of
operation, and a notice shall be posted in the City Hall to determine public
opposition, if any, to the proposed abattoir procedures must be adopted.
3. Proper waste disposal, odor control and other abatement.
4. The proponent shall obtain sworn statements from the owners of land
immediately adjacent to the proposed site signifying their conformity or non-
conformity to the proposed activity as one of the pre-requisites for the granting of
a special use permit.

H.Funeral Parlors
1. Other sanitary requirements by the City and the Department of Health (DOH)
shall be complied with.
2. Consent of at least ten (10) immediate and adjacent residents from the area
concerned

MCLUPZO IRR
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Section 53. Environmental Compliance Certificate (ECC)

Notwithstanding the issuance of zoning permit (locational clearance) Section 63 of this


Ordinance, no environmentally critical projects nor projects located in environmentally critical areas
shall be commenced, developed or operated unless the requirements of ECC have been complied
with.

Section 54. Subdivision Projects

54.1 General. All owners and/or developers of subdivision projects shall in addition to securing a
zoning permit (locational clearance) of this Ordinance be required to secure a development permit
pursuant to provisions of PD 957 and its Implementing Rules and Regulations or BP 220 and its
Implementing Rules and Regulations in the case of socialized housing projects in accordance with the
procedures laid down in EO 71, Series of 1993.

RULE 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.

58.1 General. 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 this IRR.

58.2 Regulation Guidelines.

A. Planting Requirements
1. Plant characteristics should be that of:
a. low maintenance
b. can withstand direct sunlight and wind
c. leaves should not be of the wide variety
d. drought resistant
B. Building Structure
1. In case roof gardens are provided in order to avail FAR Bonus Incentives, 80% of the declared
area for roof garden should have plants integral to the structure (e.g. concrete plant box) and
the softscapes, while the remaining 20% should be allotted for hardscapes, like pavements
which shall serve as walkways and places for potted plants.
2. It should sufficiently accommodate weight and drain capacity
3. It should have a minimum of 12 inches waterproofing

MCLUPZO IRR
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SEC. 59. Zoning the Sidewalk

59.1 General. In line with creating a pedestrianized city wherein connectivity is given importance, the
sidewalk shall be zoned as provided for in this IRR.

59.2 Regulation Guidelines

A. General Objective: The general objective of Zoning the Sidewalk is to ensure that there is a
minimum clear space allotted for passing through of pedestrians and a host of activities for the
pedestrians as well.

The general objectives of modifying the sidewalk are:


1. To re-introduce the pedestrian into existing commercial strips
2. To provide and connect pleasant sidewalks from complex to complex to encourage
people to park and walk to multiple stops
3. To provide pleasant walks & bike paths from adjacent neighbourhoods.

B. General Provisions:

1. Temporary sidewalk encroachments are allowed. Café seating, planters, ramps, stairs,
and foldable board signs which are located on the sidewalk shall be located in such a
manner as to leave a pathway at least 4 feet (1.22 m) wide that is free of obstructions.
2. The ground floors of buildings should be encouraged to contain public or semi-public
uses such as retail or entertainment uses with direct entry from the street.
3. Retail activities within buildings should be oriented towards the street and have direct
access from sidewalks through storefront entries.
4. Open-air pedestrian passageways (with or without overhead cover) are generally more
visible and more inviting than interior hallways. This can be an attractive, successful
location for store entries, window displays, and/or restaurant/café seating.
5. Take the "indoors" outdoors by spilling interior space (e.g. dining areas, small
merchandise displays) onto walkways and plazas and bring the "outdoors" into the
building by opening interior spaces (e.g. atriums) to views and sunshine.
6. Utilize a variety of special paving treatments such as colored and/or stamped concrete,
and stone or brick pavers, to identify and visually enhance sidewalks, intersections and
pedestrian crossings. Also use standards warning signs and light fixtures to alert
drivers to crossings and use traffic calming devices to slow vehicles at crosswalks.
7. Sidewalk shall be constructed wide enough to accommodate comfortable and leisurely
pedestrian activity. It shall be level or of a uniform grade throughout the entire length of
the street.
8. Arcaded sidewalks shall be imposed to areas designated by City Ordinances and the
regulations of which shall always be complied.
9. If the building proponent intends to develop its adjacent sidewalk, the hereto-cited
provisions shall be complied and their proposal shall be submitted to CPDO for
approval.

C. General Sidewalk Zones:

1. Street Façade Zone (exterior). An extension of the building into the sidewalk that
houses cafes, sidewalk sales, window shopping, front stoops, and /or display gardens.
The zone ranges from 0.46 to 6.1 meters. Multiple floors of balconies occupy this
zone.
2. The Walking Aisle. Protect paths from stalls for the mobility-impaired. In order to mark
the edge of this zone for the visually impaired, the surfaces that border on the walking
aisle may be noticeable textures. Three-dimensional objects should not be closer than
6 inches (15.2 cm) from the edge of this zone and should be painted in high-contrast
colors.
3. The Furniture Zone. A buffer along traffic or parking lanes that ranges from 6 inches for
parking meters to several feet. This buffer may contain such things as street furniture,
public sculpture, street trees, seating areas, and places for street musicians or other
artists.
Together with the following zones, it provides a buffer between pedestrians and moving
traffic that allows for driveway and walkway curb cuts, provides a place to pile dirt and
park construction/ repair equipment, and reduces exposure to noise, road spray, and
the perception of hazard.

MCLUPZO IRR
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4. The Loading Zone. An 18-to 30-inch (.46-to.76-m) zone on the sidewalk along the curb
that provides a place for people getting into or out of cars. Along van-accessible curb
parking there should be a clear space of 5 feet deep by 12 feet (1.52 by 3.66 m)
centered on the parallel parking space (this space can overlap other zones as long as
it is keep clear of obstructions).
5. The Design Accent Zone. 1-meter wide strip on the sidewalk shall be provided for
design accent that will serve as urban identity of the street. The design accent should
be similar throughout the entire street or block.

6. Adjacent zones within the street, parking lot, and/or buildings should be incorporated in
the design of the sidewalk Typical zones include the following:
• The street margin. The curb parking lane can also provide for underground
facilities, street cafes, and street performers.
• Bike lane. Bike lanes and curb parking are a different mix. Bike lanes may replace
curb parking or be separated from curb parking by a planting strip.
• Street façade zone (interior). The street level front of a building should support the
sidewalk. It may be storefront, display case, lobby, news and sundries store, or
sheltered area for ATMs and street vendors.

D. Steetscape Elements
• The main objective is to make streetscape elements compatible with each other.
• Site furnishings, such as fences, walls, refuse enclosures, light fixtures, carports and
storage units, shall be designed to be integrated with the architectural design of the
primary structure(s).
• To create a more pedestrian friendly street through the use of site furnishings along
designated Pedestrian Streets, the following requirements should be met:
- Publicly-usable site furnishings such as benches, tables, bike racks and other pedestrian
amenities shall be provided at building entrances, plazas, open spaces, and/or other
pedestrian areas for all buildings larger than 10,000 square feet. (929.03 sq. m.).
Buildings less than this size are encouraged to include such amenities. Specific types
of site furnishings shall be approved by the CPDO.
- Streetscape amenities installed should be durable and easy to maintain.
- Trash receptacles should be liberally located along heavily travelled pedestrian paths.
- Distribution of amenities and uses along street scenes should be ensured to create
continuity and flow, and help lead pedestrians to the next venue.
- Bicycle racks, benches and other amenities should be provided to encourage use of non-
motorized transportation.

1. Lighting
• The general objective is to ensure that there is ample lighting and the right type of lamp posts are used and
at the same time adding character to the site without disturbing the adjacent development.
• The following are the general requirements:
- Lighting shall be provided within parking lots and along pedestrian walkways.
- Lighting fixtures shall be limited to heights of 24 ft. (7.32 m ) for parking lots and 16 ft. (4.88) for pedestrian
walkways.
- All lighting shall be shielded from producing off-site glare, either through exterior shields or through optical
design inside the fixture, so that the direction of light is downward.
- A low intensity of high-quality light shall be used to provide good, uniform visibility while avoiding light
pollution.
- Decorative bases, posts, luminaries, and bollards in lieu of standard wood poles shall be used.
- A lighting program should consider the illumination of sidewalks and other multi-use pathways using low
intensity fixtures that provide an even distribution of light while avoiding areas of intense shadows.
- To consolidate the number of fixtures placed within the right-of-way, the co-location of light fixtures along
with other streetscape elements on single poles shall be considered.
- A substantial amount of lighting for pedestrians should be provided from the store-fronts using either
indirect illumination from within the building or direct illumination under canopies or awnings.
- Lighting shall be installed to provide a desirable level of security and illumination
- Ornament lighting fixtures shall be provided to be compatible in style with adjacent uses.
- Lighting and fixtures shall be integrated with the design and layout of the urban environment. The scale of
lighting shall be related to the human scale
- The use of lighting as both a decorative and functional feature of the streetscape shall be encouraged.
- Pedestrian lamp posts shall be provided with a structural member that will hold banners when needed.

MCLUPZO IRR
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2. Curb Cuts
• The general objective is to maintain a continuous uninterrupted sidewalk by minimizing driveway access.
• The following are the general requirements:
- Curb cuts shall not be located along a designated Pedestrian Street.
- Access to parking should be from the alley, or from a side street if access from the alley is not possible.
Access to parking shall not be from a Pedestrian Street unless no other means of access is possible.
• Curb Cut Limitation:
- The general objective is to provide safe, convenient vehicular access without diminishing pedestrian
safety.
- General requirements:
>The sidewalk pattern shall carry across the driveway.
>Adjacent developments should share driveways, to the greatest extent possible.
>Vehicular access should be designated so that traffic is not directed through an abutting residential zone.

3. Ramps
• Avoid “lip” greater than 1/2” wherever ramp meets adjacent paving at top or bottom.
• Corrugated lines in ramps should be avoided since they can hold water in rainy days and become lodged
with algae making it prone to accidents. Use of this type often interferes with curb-side storm drainage.
• Locate handrail to avoid conflict with adjacent pedestrian walkway.

4. Curb Ramps
• Curb Ramps at Corner. Wherever possible, curb ramps should occur as a natural extension of the
alignment of the walkway
• Access to Ramps. Access to curb out and walkway must be kept clear of parked cars. Area should be
clearly marked for visibility.
• Pedestrians are able to cross intersection with no curb interference. Autos proceed through with caution.

5. Driveways
• Driveways Across Sidewalks
- To maximize the use of the sidewalk area, the surface of the sidewalk and the driveway shall as much as
possible, be at the same plane. The entry ramp of the driveways connecting the roadway surface to the
sidewalk surface shall have a slope ranging from one in three (1/3) to one in four (1/4)
- Whenever the height of the curb is more than 200 millimeters, driveways may be constructed across the
entire width of the sidewalk, provided that the driveway shall be joined to the sidewalk by means of a
ramp or rough finish having a slope of not more than one in eight (1/8). The driveway and the ramp shall
be made of the same materials as that of the sidewalk.
- Driveways under arcades shall only be allowed under cantilevered arcades within the road
right-of-way or underneath colonnaded arcades on private properties outside the road right-of-way.
• Entrances and exits of buildings abutting sidewalks shall be made of either ramps or steps
- Entrance or exit ramps shall have a slope not exceeding one in ten (1/10).
- Entrance or exit steps shall have treads of not les than 300 millimeters. The minimum number
of steps shall be two (2), with risers not exceeding 100 millimeters.
- No portion of either entrance or exit ramps or steps shall intrude into the sidewalk pavement.

6. Pedestrian Shelters
• Shelters shall not be located closer than the following minimum distance from the property line, or from any
encroaching structure or appurtenance (e.g: stoop, sidewalk café, signboard, railing, etc.) within the
sidewalk area.

MCLUPZO IRR
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• Location Standards:
- Shelters shall be located as close as possible to the front bus stop sign, within the bus stop area, but not
closer than:
a. 10 feet to the sign post, at locations where parking is permitted immediately beyond the sign.
b. 5 feet to the sign post, at locations where parking is not permitted immediately beyond the sign.
- Shelters shall not be located closer than 15 feet to any fire hydrant or standpipe, unless written permission
to do so is obtained from the Fire Department.
- No portion of a shelter shall extend into the intersection of two or more streets. Shelters shall not be located
over utility vaults, gratings, cellar doors or utility line outlets.

7. Service Areas and Utility Equipment


• The general objective is to reduce the negative impact of service, loading and trash storage and utility
equipment areas.
• Screening general requirements:
- Trash storage, loading, and truck parking shall be located to minimize visibility from the street/sidewalk and
building entrances and it should not face any residential district. Avoid locating service and loading
areas along important view corridors.
- Loading docks and truck parking shall be screened from public view using building mass, free-standing
walls, and/or landscaping; Enclosure should be made of materials and colors compatible to that of the
principal structure(s).
- Utility companies should consult the CPDO early in the design process about the location of utility boxes
and meters. All utility equipment shall be located, sized, and designed to be as inconspicuous as
possible. All utilities, both new and existing, should be placed underground in conduits and vaults.
- HVAC equipment shall not be located on the street-side of the building or, since it can be noisy, adjacent
to public open spaces. In addition, locate all building-mounted, non-street utility meters and service
equipment to the side or rear of the building.
- Accessory uses are to be designed to look as if they are a logical extension of existing structures.
- Any screening constructed for accessory structures should be designed in a manner that maintains the
functionality and accessibility of the equipment.
- Service and storage areas shall be oriented away from public views.

9. Public Art
• Civic art should be integrated into public spaces.
• Art shall be utilized to attract attention and stimulate interest in a particular location
• Art that is functional and interactive shall be created such as park bench sculptures or chess tables. The
personality of the community should be reflected in the art that is chosen.
• Art shall be used to make a statement about where the community has been and what it envisions for the
future.
• Create civic pride through the establishment of a prominent, visible art collection.
• Property owners shall be encouraged to provide outdoor public art on their property or in the adjacent public
right-of-way, to enrich the pedestrian experience and create a stronger sense of place.
• Artwork may be free-standing pieces or it may be integrated into its surroundings as an architectural
element.
• New urban open spaces and infrastructure improvements should have a significant component of public art
to the project that has a visible presence.

10. Walls and Fences


• Walls and fences shall be designed to be well integrated in style with adjacent structures and terrain.
Variations should be provided for in color, texture, materials, articulation, and architectural treatments.
• Landscaping and vegetation materials shall be utilized to soften the appearance of walls and fences and
enhance their integration with adjacent uses.
• See-thru fences are encouraged to be used as perimeter walls adjacent to sidewalk.
• Blank walls should be avoided. These shall be architecturally treated in style with adjacent streetscape.
• Design of murals, slogans and other elements to be applied or mounted on walls shall be coordinated with
CPDO.

11. Public Information Facilities


• Public information facilities shall be designed to be well integrated in style with its streetscape. These
facilities include street name post, directional and traffic signs, barangay marker, vicinity/location map and
other facilities that convey information to the public.
• These facilities shall convey clear message and shall be mounted in strategic and/or less obstructive
location.
• Design, size, mounting heights and location of these facilities shall be coordinated with CPDO.

12. Drainage
• Drainage must respond to natural features and conditions, including climate, topography, soils, geology,
hydrology, and vegetation, mainly because these factors determine the runoff characteristics of the site.
Social factors such as land use, density of development, size of the site, and whether or not the drainage
system will be part of a larger system must also have to be formulated for each land use.

MCLUPZO IRR
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RULE X
MITIGATING DEVICES

Section 60. Deviations

60.1 General. 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 Resettlements only when all the hereto-
cited terms and conditions are obtained/existing:

60.2 Terms and Conditions.

A. Variance
All proposed projects which do not conform to the prescribed Land Use Intensity Controls (LUIC) in
the
zone.
1. The property is unique and different from other properties in the adjacent locality
and because of its uniqueness, the owner/s cannot obtain a reasonable return on
the property.

2. This condition shall include at least three (3) of the following provisions:
a. Conforming to the provisions of the Ordinance 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 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 physical character of the district/zone where the property
for which the variance is sought is located, and will not substantially or permanently injure the use
of the other properties in the same district or zone.
d. That the variance will not weaken the general purpose of the Ordinance and will not
adversely affect the public health, safety, and welfare.
e. The variance will be in harmony with the spirit of the Zoning Ordinance.

B. Exceptions
All proposed business activities/projects which do not conform to the prescribed allowable Land Uses
in the zone.
1. The exception shall not adversely affect the public health, safety and welfare and is in keeping
with the general pattern of development in the community;
2. The exception shall not adversely affect the appropriate use of other property/adjoining
property in the same zone;
3. The exception shall not alter the essential character of the district where the exception sought
is located, and will be in harmony with the general purposes of this Zoning Ordinance;
4. The exception shall not weaken the general purpose of the regulation established for specific
district;
5. The exception shall promote innovative techniques or create or protect a beneficial economic
trend that would otherwise not be possible by providing livelihood, vital community services
and facilities while at the same time posing no adverse effect on the zone/community;
6. In cases of pollutive/hazardous or high category of industries they shall not be allowed in a
residential area.

Section 61. Procedures for Granting Variances and Exceptions

61.1 General. Variations and Exceptions shall be made available in certain terms and conditions set
forth by the Zoning Ordinance and this IRR.

61.2 Application and Processing . Enumerated below is the procedure for the granting of variance
and exception:

A. A written application for a variance or exception shall be filed with the MZBAA through the CPDO
citing the section of this Ordinance under which the same is sought and stating the ground/s
thereof.

B. Upon filing of application, a visible project sign, (indicating the name and nature of the proposed
project) shall be posted at the project site.

MCLUPZO IRR
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C. 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. These actions shall be made within ten (10) working days
upon receipt of the application from CPDO.

D. A written affidavit of non-objection to the project/s by the owner/s of the properties adjacent to it
shall be filed by the applicant with the MZBAA through the CPDO at least fifteen (15) days prior to
the decision for variance and exception.

E. The Sangguniang Panlungsod shall take action upon receipt of the recommendation from MZBAA
through the Committee on Housing, Urban Development and Resettlements.

Section 62. Approval of the City Council

Any deviation from any section or part of the original Ordinance shall be approved by the City
Council.

RULE XI
ADMINISTRATION AND ENFORCEMENT

Section 63. Zoning Permit (Locational Clearance)

63.1 General. All land/lot owners/land developers and business establishments shall secure a zoning
permit (locational clearance) from the City Planning & Development Officer (Zoning Officer) for all
conforming uses, and in cases of variances and exceptions from the Sangguniang Panlungsod as per
recommendation from the MZBAA through the Committee on Housing, Urban Development and
Resettlements prior to conducting any business activity or construction on their property/land.

63.2 Regulation Guidelines.

A. Subdivision Plans
In cases of subdivision plans for residential, commercial and industrial purposes that will cause
excessive requirements at public cost for public facilities and services, traffic management problems,
peace and order problems and major changes in the zoning district, the application for zoning
permits/locational clearances of such cases shall be reviewed and approved/disapproved by the
Sangguniang Panlungsod.

B. Condominium Plans
In cases of condominium plans that will cause excessive requirements at public cost for public
facilities and services and will pose major impact in the zoning district, the application for zoning
permits/locational clearances of such cases shall be reviewed and approved/disapproved by the
Sangguniang Panlungsod.

Section 64. Period of Zoning Permit’s Approval/Disapproval

The approval/disapproval of zoning permit shall not be withheld for more than thirty (30) days
from receipt of application. Failure to act on the application within the period stated above shall be
deemed as approved thereof.

Section 65. Validity of Zoning Permit.

65.1 General. 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 the Zoning
Ordinance.

65.2 Validity. 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 does not commenced within the period
of one (1) 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.
MCLUPZO IRR
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Section 66. Period of Processing for Zoning Permit

66.1 General. The immediate processing, evaluation and issuance of Zoning Permit shall always be
the thrust of the City Planning & Development Office (CPDO) in rendering these services.

66.2 Terms and Conditions. In all cases, especially to projects that need extensive evaluation and
/or those that appear detrimental to the public, the following conditions shall be observed:

A. Processing Period on Permits.


The processing, evaluation and issuance of Zoning Permit (Locational Clearance) shall not
exceed fifteen (15) working days. The approval/disapproval of zoning permit shall not be withheld
more than the period prescribed in Section 64 of the Zoning Ordinance and this IRR.

B. Processing Period on Appeals.


The CPDO processing period on appeals shall not exceed thirty (30) working days.

Section 67. Collection of Fees for Zoning Permit (Locational Clearance)

67.1 General. Fees for Zoning Permit and other certifications related hereunto shall be collected as
provided for by the existing laws and the Zoning Ordinance.

67.2 Schedule of Fees and Other Charges. The rate of filing fees, zoning fees and processing fees
for Zoning Permit/Locational Clearance are as follows:

I. Application/Filing Fee
1. Zoning permit/Locational Clearance P 150.00
2. Motion for Appeals 1,000.00
3. Petition/request for Reclassification 1,500.00
4. Complaints except those involving pauper
litigants which shall be free of charge 1,000.00

II. Zoning Fees


A. RESIDENTIAL
a. High Density Residential/Mixed Use (R-3/MXD) P3.00/sqm. of TFA
B. COMMERCIAL
a. Medium Density Commercial/Mixed Use (C-2/MXD) 5.00/sqm of TFA
b. High Density Commercial/Mixed Use (C-3/MXD) 5.00/sqm of TLA
c. Yards Utilized for Commercial Purposes 3.00/sqm. of TLA
C. INDUSTRIAL
a. Light Industrial (I-1) 8.00/sqm. of TLA
b. Yards Utilized for Industrial Purposes 5.00/sqm. of TLA

D. UTILITY
a. Building Structure 8.00/sqm. of TFA
b. Yards utilized for utility purposes 5.00/sqm. of TLA
E. INSTITUTIONAL
a. General Institutional (INS-G) 4.00/sqm. of TFA
b. University Cluster (INS-U) 4.00/sqm. of TFA
c. Yards Utilized for Institutional Purposes 1.00/sqm. of TLA
F. GENERAL PUBLIC OPEN SPACE (POS-GEN)
a. Parks & Plazas (POS-PP) 5.00/sqm. of TFA
b. Playgrounds & Sports Field/
Recreation (POS-PP) 5.00/sqm. of TFA
G. CEMETERY
a. all permitted/allowed uses 4.00/sqm. of TFA
b. accessory/ancillary uses 4.00/sqm. of TFA

H. WATER
a. all permitted/allowed structures 5.00/sqm. of TFA
I. ADVERTISEMENTS/BUSINESS SIGNBOARDS/
BILLBOARDS or STREET GRAPHICS 4.00/sqft of TSA
J. SPECIAL USE PERMIT P 10.00/sq.m. of TLA/TFA/TBA
Except for Telecommunication Towers and
Radio Transmitting Stations P 1,000.00/unit

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III. CERTIFICATE FEE
A. RESIDENTIAL P 100.00
B. COMMERCIAL & INDUSTRIAL 400.00
C. INSTITUTIONAL 200.00
D. ANCILLARY According to category

IV. ALL TYPES OF RENOVATION - 75% of the corresponding prescribed fee/rate

V. PROCESSING FEE – Twenty five percent (25%) of the corresponding prescribed Zoning Fee
shall be paid for processing of all clearances.

Legend: TFA = Total Floor Area TSA = Total Surface Area


TLA = Total Lot Area TBA = Total Base Area
Note: In case of approved appeals, the applicable zoning fees will be based on the higher zone
classification.

Section 68. Creation of Zoning Permit Operations Trust Fund

68.1 General. 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.

68.2 Terms and Conditons.

A. 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.

B. Any unused fund at the end of the second fiscal year’s expenditures shall reverted to the General
Fund.

Section 69. Building Permit/Business Permit

No building and business permits shall be issued by the Local Building Officer and Business
Promotion and Development Officer respectively without a valid zoning permit (locational clearance)
in accordance with the Zoning Ordinance. All Building and Business Permit Applicants shall secure a
Zoning Permit prior to their application of Building Permit and/or Business Permit. In case the
business was established before the approval of the Zoning Ordinance, the owner is required to
secure the Zoning Permit prior to the renewal of their Business Permit, which shall be paid on a “one-
time” basis only.

Section 70. Non-User of Zoning Permit (Locational Clearance)

Upon issuance of a zoning permit (locational clearance), the grantee thereof shall have one (1)
year within which to commence or undertake the use, activity or development covered by such
clearance on his property. Non-use of said clearance within said period shall result in its automatic
expiration, cancellation and the grantee shall not proceed with his project without applying for a new
permit (clearance).

Section 71. Certificate of Non-Conformance

71.1 General. Upon approval of the Zoning Ordinance, the CPDO shall immediately issue notice of
non-conformance to all existing non-conforming uses. A certificate of Non-Conformance shall be
applied for by the owner of the structure or operator of the activity involved within six (6) months upon
issuance of notice of non-conformance. Failure on the part of the owner to register/apply for a
Certificate of Non-Conformance shall be considered in violation of the Zoning Ordinance and is
subject to fine/penalties.

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71.2 Procedure. Enumerated below is the procedure to be complied:

A. A certificate of non-conformance shall be secured from the City Planning & Development Office
(CPDO).

B. All requests for such certificate shall be made in writing, stating the reasons for non-conformance
and accompanied by 1:10,000 vicinity map showing the exact location of the non-conformance use,
lot or structure.

C. The request for such certificate shall be acted upon and transmitted to the appropriate parties
within fifteen (15) days from the receipt of the request.

Section 72. Existing Non-Conforming Uses and Buildings

72.1 General. The lawful use of any building, structure or land at the time of the adoption of the
Zoning Ordinance may be continued, although such use does not conform with the provision of this
Ordinance, provided that the succeeding terms and conditions are met:

72.2 Terms and Conditions. The following terms and conditions shall be complied:

A. In case the Non-Conforming use is not an industrial use:


1. No such non-conforming use shall be enlarged, increased or extended to occupy a greater area of land
than that already occupied by the buildings or structures thereon at the time of the adoption of this
Ordinance or moved in whole or in part, to any other portion of the lot or parcel of land where it existed
at the time of the adoption of this Ordinance, unless such act shall decrease its non-conformity;
2. No building or structure devoted to a non-conforming use shall be repaired or altered to remedy the
effects of ordinary wear and tear or remodelled unless the total aggregate value of all such repairs,
alterations or remodelling shall not exceed twenty-five percent (25%) of the assessed value of such
building at the time of the adoption of this Zoning Ordinance, such aggregate value referring to all
repairs undertaken throughout the entire remaining period of useful life of such building or structure,
irrespective of whether they were undertaken at the time, successively or intermittently; provided repairs
exceeding such value shall be allowed if they decrease the non-conformity of the use.
1. No building or structure devoted to a non-conforming use which has been damaged or destroyed, in
whole or in part, by or as a result of fire, earthquake, typhoon, flood, lightning, war, riot, strike, or other
forms of disorder shall be rebuilt or reconstructed, unless the total aggregate cost of all such rebuilding
and reconstruction activities, shall not for the entire period of the remaining useful life of such building
or structure exceed fifty percent (50%) of the assessed value thereof at the time of the adoption of the
Ordinance; provided that rebuilding or reconstruction which depress the non-conformity of the use shall
be allowed.
2. No building or structure devoted to a non-conforming use which has not been used for such purpose
for a total aggregate period of at least six (6) months since the adoption of this Zoning Ordinance,
irrespective of whether the non-use thereof was continuous or intermittent, shall again be revived as a
non-conforming use;
3. Non-conforming uses will be encouraged to undergo such repairs and alterations if the purpose is to
convert it to a conforming use;
4. Non-conforming uses shall be subject to the same limitations and conditions imposed on permitted
uses with reference to height, area and yard regulations; however they shall be subject to stricter
performance standards appropriated to this use.
5. That no such non-conforming use maybe moved to displace any conforming use and that should such
structure be moved for any reason to whatever distance, it shall thereafter conform to the regulation of
the zone in which it is moved or relocated.

B. In case the non-conforming use is an industrial use:


1. Repairs, alterations and improvements, whether brought about as a result of normal wear and tear or as
a result of natural or man-made calamities shall be allowed as to enable the use to become more
efficient and modernized; provided that buildings or structures totally and/ or permanently destroyed/
damaged shall not be rebuilt;
2. No new industry, process or operation which is not necessary for the maximization of the capacity of the
machinery presently installed at the time of this ordinance shall be allowed;
2. The provisions of paragraphs (c) and (d) above, applicable to non-industrial, non-conforming uses,
shall be applicable to industrial non-conforming uses.
3. The land use classified as non-conforming shall program the phase-out and relocation of the non-
conforming use within seven (7) years from the date of effectivity of this ordinance.

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Section 73. Status of Approved Appeals from MZBAA

All approved appeals from the Sangguniang Panglunsod will be classified as non-conforming
uses and all the provisions under Sec. 72 shall apply. Decisions of the Sangguniang Panlungsod shall
be final and executory.

Section 74. Permit for Innovative Techniques

74.1 General. Innovative technique / innovative design, is defined as introduction and/or application of
new/creative designs and techniques in development projects.

74.2 Initiation. Any person who wishes to apply for a permit for innovative techniques
shall secure the appropriate form from the City Planning & Development Office (CPDO) provided that
the terms and conditions specified in this article are met.

74.3 Procedure for application

A. Together with a vicinity map drawn to the scale of 1:10,000 meters which shows the land use of the
adjacent area, approximately a two (2) kilometer radius distance from the proposed site, the
applicant shall submit the form containing the detailed description of the project.
B. The City Planning & Development Office (CPDO) shall evaluate the viability of the proposed
project in relation to its environment impact.
C. The City Planning & Development Office (CPDO) shall then decide and prescribe such terms and
conditions under which the project may be allowed to locate and operate.

Section 75 Responsibility for Administration and Enforcement

This Ordinance shall be enforced and administered by the City Mayor through the City
Planning & Development Office (CPDO) in accordance with existing laws, rules and regulation. For
effective and efficient implementation of this Ordinance, CPDO is hereby authorized to reorganize its
structure to address the additional mandates provided for in this Ordinance

Section 76. Additional Powers and Functions of the Citty Planning & Development Office

76.1 General. Pursuant to the provisions of the Zoning Ordinance and other existing laws, the City
Planning & Development Office shall perform additional powers and functions as provided in the
succeeding discussions.

76.2 Enforcement

A. Act on all applications for Zoning Permit (Locational Clearance) for all projects.
1. Issuance of Zoning Permit (Locational Clearance) for projects conforming with zoning
regulations.
2. Conduct studies on the application for variance and exception and submit report to the
MZBAA.
3. Issuance of Certificate of Non-Conformance for non-conforming projects lawfully existing at
the time of the adoption of this Ordinance, including clearances for repairs/renovations on non-
conforming uses consistent with the guidelines therefore.
B. Monitor on-going/existing projects within their respective jurisdictions and issue notices of violation
and show cause order to owners, developers, or managers of projects that are violative of Zoning
Ordinance. By the authority of the Mayor, Construction Stoppage Order for building construction
project and/or Closure Order for business establishment shall be issued by the City Planning and
Development Office (CPDO) to the owners of the building and/or the business establishment who
failed to comply with the Zoning Ordinance despite the grace period given on their Notices of
Violations. In cases of building construction and/or renovation projects, a Zoning Clearance from
the CPDO is required for the issuance of Occupancy Permit. The CPDO shall inspect the project
premises and ensure its compliance to the Zoning Ordinance before issuing the Zoning Clearance
needed for the Occupancy Permit.
C. Call and coordinate with the Philippine National Police (PNP) for enforcement of all orders and
processes issued in the implementation of this Ordinance.
D. Coordinate with the City Legal Office for other legal actions/remedies relative to foregoing.

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76.3 Planning

A. Coordinate with the Regional Office of the Housing and Land Use Regulatory Board (HLURB)
regarding proposed amendments to the Zoning Ordinances prior to adoption by the Sangguniang
Panlungsod.

76.4 Review the Comprehensive Land Use Plan and Zoning Ordinance

A. The City Planning & Development Office (CPDO) shall review the Comprehensive Land Use Plan
and Zoning Ordinance as the need arises based on the following situations:
1. Change in the local development plans
2. Introduction of projects of national significance
3. Petition for rezoning, and
4. Other reasons which are appropriate for consideration

B. Review the Zoning Ordinance for the following purposes:


1. Determine amendments or revisions necessary in the Zoning Ordinance because of changes
that might have been introduced in the Comprehensive Land Use Plan
2. Determine changes to be introduced in the Comprehensive Land Use Plan in the light of
permits given, and exceptions and variances granted
3. Identify provisions of the Ordinance difficult to enforce or are unworkable

C. Recommend to the Sangguniang Panlungsod necessary legislative amendments and to the local
planning and development staff the needed changes in the plan as a result of the review
conducted.

D. Provide information to the HLURB that would be useful in the exercise of its functions.

E. Procedures for reviewing and updating the Zoning Ordinance:


1. The CPDO shall meet every year to review the nature of developments and that have occurred
during the preceding year and the corresponding effects of all exception, variances and special
use permits granted on the areas where they have been all owed to locate and determine
whether there is a need to make necessary changes in zoning classifications and/or zoning
boundaries.
2. The CPDO shall compile all exception, variances and special use permits approved for the one
(1) year period shall be attached to the proposed and recommended amendments/changes in
the Zoning Ordinance to be submitted to the Sangguniang Panlungsod.

Section 77. Action on Complaints and Opposition

77.1 General. Action on complaints and opposition shall be governed as follows:

A. 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.

B. However, oppositions to application for clearance, variance or exception shall be treated as a


complaint and dealt with in accordance with the provision of this section.

Section 78. Functions and Responsibilities of the Manila Zoning Board of Adjustments and
Appeals (MZBAA)

78.1 General. The Manila Zoning Board of Adjustments and Appeals (MZBAA) is created by the
Zoning Ordinance as the Collegial Body which shall perform specific functions and responsibilities
pertaining to Land Use and Zoning as provided for by the Zoning Ordinance and this IRR.

78.2 Functions and Responsibilities. Enumerated below are the functions and responsibilities of
MZBAA:

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A. Evaluate the report from CPDO and submit recommendation to the Sangguniang Panlungsod
through the Committee on Housing Urban Development and Resettlements on appeals on grant
or denial of zoning permit/locational clearance and development permit and act on the
applications of the following nature:
1. Variances
2. Exceptions
3. Non-Conforming Uses
4. Complaints and Opposition to Applications

B. Facilitate the formulation of a master plan that would provide guidelines and direction for the
development of overlay zones. It shall also assess and evaluate the proposed development plans
for specific areas submitted by the stakeholders/proponents for approval.

The approved master plan shall establish the LUIC regulations for the overlay zones thereby
superceding the LUIC provided for by the Zoning Ordinance.

C. Facilitate the inventory and assessment of the City’s heritage resources potential for inclusions in
the list of initial sites and structures identified in the O-HCH zones. These shall be endorsed to
the City Council for approval.

Section 79. Composition of the Manila Zoning Board of Adjustments and Appeals (MZBAA)

79.1 General. 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.
For purposes of policy coordination, the said committee shall be attached to the CPDO.

79.2 Composition. MZBAA shall be composed of the following members:

A. City Mayor
B. Chairman, Committee on Housing, Urban Development and Resettlements of the Sangguniang
Panlungsod
C. City Legal Officer
D. City Assessor
E. City Planning and Development Officer
F. City Engineer
G. One (1) representative from the private sector or one (1) representative from Non- Government
Organizations (NGO)
H. ABC (Liga ng mga Barangay) President

Section 80. Procedure for Re-Zoning

80.1 General. The following shall be the procedural guidelines for re-zoning

A. Any association or group of persons who wishes to prepare a rezoning of a certain area, may file a
petition with the Manila Zoning Board of Adjustments and Appeals (MZBAA) for initial evaluation.

B. The MZBAA shall then endorse the proposal together with its preliminary findings to the 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.

Section 81. Amendments to the Zoning Ordinance

The proposed amendments to the Zoning Ordinance as reviewed and evaluated by the CPDO
shall be submitted to the City Council for approval of the majority of the Sangguniang Panlungsod
members. The amendments shall be accepted and eventually approved, PROVIDED that there is
sufficient evidence and justification for such proposal. PROVIDED, further, that such proposal is
consistent with the development goals, planning objectives and strategies of the Manila
Comprehensive Land Use Plan. Said amendments shall take effect immediately upon approval or
after thirty (30) days from publication.

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ARTICLE XIII
FINAL PROVISIONS
Section 82. Penal Provisions

82.1 General. The following shall be the penal provisions:

A. Any person violating any provision of this Ordinance, shall, upon conviction, be punished by a fine
of not more than Five Thousand Pesos (P5,000.00) or by imprisonment for not more than one (1) year
or both such fine and imprisonment, at the discretion of the Court.

B. If the violation is committed by a firm, corporation, or partnership or any other juridical person, the
manager, managing partner, director or any other person who actually participated in the violations
should be held responsible criminally as provided by this section.

C. Furthermore, any person or government official found to have committed any violation of this
ordinance, directly or indirectly, shall be criminally responsible as provided by this Ordinance.

Section 83. Separability Clauses

83.1 General. The following are the separability clauses:

A. Should any section or provision of this Ordinance be declared by the Courts to be unconstitutional
or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof
other than the part so declared to be unconstitutional or invalid. Any portion thereof not affected by
such declaration shall remain in full force and effect.

Section 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.

Section 85. Effectivity Clause

This IRR shall take effect upon the approval of MCLUPZO 2006.

RULE XII
TRANSITORY PROVISIONS

Section 86. Non-Retroactivity Clauses

All laws relating to this Ordinance shall have no retroactive effect

Section 87. Transitory Provisions

No amendment to, or repeal shall take place in this IRR within one (1) year upon the approval
of the Zoning Ordinance. The City Planning and Development Office (CPDO) shall review, study, and
update this IRR after three (3) years of its approval.

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