Professional Documents
Culture Documents
SANGGUNIANG PANLUNGSOD
CITY OF MAKATI
PRESENT:
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
Councilor
ABC President
ABSENT:
Vice Mayor
ROMULO V. PEA, JR.
Councilor
HENRY A. JACOME Sick Leave
Councilor
SALVADOR D. PANGILINAN On Official Business
S.K. President
KARIS ISRAELLE S. CRUZADO Vacation Leave
----------------------------------------------------------------------------------------------------------------By unanimous vote of the Sangguniang Panlungsod members present, the following
City Ordinance was enacted on third and final reading:
WHEREAS, towards this end, The New Makati Comprehensive Land Use
Plan (2013 2023) was adopted by City Ordinance No. 2012-101 and this will
be enforced through the enactment of regulatory measures to translate the
planning goals and objectives into reality.
WHEREAS, the Zoning Ordinance is the regulatory measure which is an
important tool for the implementation of the Comprehensive Land Use Plan;
1.
Guide, control and regulate future growth and development of the City
of Makati in accordance with The New Comprehensive Land Use Plan
(2013-2023).
2.
3.
4.
5.
6.
7.
Regulate the location, use, and density of buildings and land in such a
manner as to avoid unnecessary congestion and demand on utilities
and services, and to enhance convenience of access to property and to
safety from disaster, fire and other dangers.
8.
9.
1.
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;
2.
3.
4.
5.
6.
7.
Article IV
ZONE CLASSIFICATIONS AND BOUNDARIES
SECTION 7. Division into Zones and Subzones. To effectively carry out the
objectives of this Zoning Ordinance, the City is hereby divided into the
following zones and subzones as shown in the Official Zoning Map.
1.
Residential Zones:
a.
b.
c.
2.
Commercial Zones:
a.
Low Density Commercial/Mixed-Use Zone (C-1, composed of C1A and C-1B subzones)
b.
c.
d.
3.
4.
5.
6.
7.
8.
9.
c.
d.
2.
3.
4.
5.
6.
The New Makati City Overlay Map for Special Development Zones
1.
2.
3.
4.
5.
6.
Where a lot is divided by a city boundary line, only that portion falling
within the city boundary line shall be covered by this Ordinance.
7.
8.
9.
Article V
LAND USE, DENSITY AND HEIGHT REGULATIONS
SECTION 11. General Provisions. The allowable land uses and maximum
building densities/heights in the zones and subzones defined in this
Ordinance are enumerated in the succeeding Sections.
1.
2.
a.
b.
3.
4.
5.
6.
7.
Maximum lot coverages are prescribed for General Park Zone (REC1), Institutional Recreational Zone (REC-2), R-1 (Forbes Park Village
only), and part of the Riverside Development Zone (RDZ) in order to
preserve the open character of these zones.
8.
9.
SECTION 12. Conforming Use. A lot shall be deemed to have a conforming
use that complies with the regulations of the zone in which it is located if use
of the lot is consistent with the allowable Principal and/or Accessory Uses for
such zone, pursuant to Article V of this Ordinance.
SECTION 13. Height Regulations. In all cases, building height must conform
to the height restrictions and requirements of the Civil Aviation Authority of the
Philippines (CAAP) as well as the requirements of the National Building Code
(NBC), the Structural Code of the Philippines as well as all laws, ordinances,
design standards, rules and regulations related to land development and
building construction and the various safety codes.
SECTION 14. Low Density Residential Zone (R-1). An R-1 zone shall be
used principally for single detached dwellings with customary ancillary uses,
and compatible accessory uses on a neighborhood scale, except for Bel-Air,
San Lorenzo and San Miguel Villages where duplexes may be allowed and in
Forbes Park Village where multi-family dwelling may be allowed.
1.
Principal Use:
a.
b.
c.
d.
viii.
ix.
x.
e.
2.
Accessory Uses:
a.
b.
c.
ii.
iii.
3.
Block 7, Lot 14, 15, 16, 29, 30, 31, (LRC) Psd-6108 and
Lots 1, 2, 3, Pcs-00-07360 (Barangay Bel-Air)
Block 14, (LRC) Psd-7933 (Barangay Bel-Air)
Block 14, (LRC) Psd-9590 (Barangay Forbes Park)
d.
e.
4.
A = B x 0.0016
Where:B = area in square meters of the R-1 Forbes Park Village
lot
A = numerical product derived by multiplying the lot area
of the R-1 lot and the factor of 0.0016.
To derive the maximum number of dwelling units allowable in the R-1
lot, the numerical product, A, shall be rounded off downwards to the
nearest whole number, and it is this whole number that will equal the
maximum number of dwelling units allowable in the R-1 lot. In no case,
however, shall the maximum number of dwelling units that can be built
in an R-1 lot be less than two (2).
Examples of application of formula:
a.
b.
5.
6.
Maximum Lot Coverage in Forbes Park Village lot: forty percent (40%)
of lot area.
SECTION 15. Medium Density Residential Zone (R-2).An R-2 zone shall be
used primarily for medium density housing, with support commercial, service,
and institutional uses on a neighborhood or barangay scale.
1.
Principal Uses:
a.
b.
10
ii.
iii.
iv.
v.
vi.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
2.
DUPLEX
MULTI-FAMILY DWELLING
BOARDING/PENSION HOUSE, DORMITORY, APARTMENT
TOWNHOUSE
RESIDENTIAL INN/APARTELLE/CONDOTEL/CONDOMINIUM
DAYCARE CENTER
PRE-SCHOOL, KINDERGARTEN SCHOOL, ELEMENTARY
SCHOOL, HIGH SCHOOL
COMMUNITY/VILLAGE ASSOCIATION OFFICE
LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY
FIRE/SECURITY STATION
WELFARE/CHARITABLE INSTITUTION
PLACE OF RELIGIOUS WORSHIP
UTILITY INSTALLATION FOR USE OF ZONE/LOT
OCCUPANTS
PUBLIC UTILITY FACILITY
GOVERNMENT FACILITY
Accessory Uses:
a.
b.
c.
d.
e.
f.
g.
h.
i.
11
visual or audible interference in any radio, television or
other electronic home device or appliance, or causes
fluctuation in line voltage of the premises.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
3.
PERSONAL SERVICE/REPAIR
GENERAL SERVICE/REPAIR
OFFICE SUPPORT SERVICE
SMALL-SCALE HOME INDUSTRY, provided that such industry
conforms to the provisions of Section 15, (2-i) of this Ordinance,
and all other government requirements
HARDWARE STORE without lumber, gravel and sand
COMPUTER/INFORMATION TECHNOLOGY - RELATED
ACTIVITY
PAWNSHOP/ONE-STOP PAYMENT SHOP
TELECOM STATION
WELLNESS CENTER
SPORTING GOODS, SOUVENIR SHOP
OFFICE
Principal Uses:
a.
iii.
iv.
v.
vi.
RESIDENTIAL INN/APARTELLE/CONDOTEL/
CONDOMINIUM
HOTEL, where it shall be allowed as a Principal Use in
the following lots only: R-3A Lot 2, (LRC) Pcs-17679; R3B Lots 1-E and 1-F, (LRC) Psd-277514
OFFICE/EMBASSY, where it shall be allowed as a
Principal Use in R-3B ONLY
PARKS, POCKET PARKS, PARKWAY, PROMENADE,
PLAYGROUND, PLAYLOTS, SPORTS FIELD/COURT,
GARDEN
PARKING STRUCTURE
GOVERNMENT FACILITY
12
b.
R-3C
i.
ii.
iii.
2.
Accessory Uses:
a.
vi.
vii.
viii.
ix.
x.
xi.
b.
R-3C:
i.
ii.
iii.
iv.
V.
vi.
vii.
viii.
ix.
RESIDENTIALINN/APARTELLE/CONDOTEL/
CONDOMINIUM
PARKS, POCKET PARKS, PARKWAY, PROMENADE,
PLAYGROUND, PLAYLOTS, SPORTS FIELD/COURT,
GARDEN
GOVERNMENT FACILITY
13
x.
xi.
3.
CONVENIENCE/RETAIL STORE/FOOD
STORE/CART/KIOSK/STALL (neighborhood only), where
total GFA shall not exceed three percent (3%) of the total
GFA of the structure
ATM
b.
R-3B:
i.
ii.
iii.
c.
Principal Uses:
a.
C1-A:
i.
ii.
iii.
iv.
14
v.
15
b.
C1-B
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
xxi.
xxii.
Note: The allowable land uses in C-1B subzone shall not be interpreted
to include any of the following: girlie bar, disco, beer garden, karaoke
bar with GRO, pub house, billiard hall, bowling alley, church and other
place of worship, funeral parlor, mortuary, crematory.
2.
3.
4.
5.
16
b.
c.
17
1.
Principal Uses:
a.
b.
2.
C-2A: four (4), provided that, if the owner/s of affected lots within
the C-2Asubzone provide the right-of-way to allow for the
widening of both sides of ChinoRoces Avenue by one vehicular
lane (at least 3.5 meters wide), then lots within the subzone will
be governed by the following:
i.
ii.
iii.
However, the area allocated for the road widening in each lot
shall be included in the computation of the maximum FAR of the
lot.
b.
18
2.
b.
C-3B:
i.
Non-residential: eight (8)
ii.
Residential
(Residential
Inn,Apartelle,
Condotel,
Condominium, Hotel): sixteen (16)
iii.
Mixed Non-residential and Residential: between eight (8)
and sixteen (16), depending on the space allocated for
Residential and Non-residential use. The allowable GFA
shall be determined as follows:
c.
d.
C-3D:
i.
Non-residential: eight (8)
ii.
Residential (Residential Inn, Apartelle, Condotel,
Condominium, Hotel): twelve (12)
iii.
Mixed Non-residential and Residential: between eight (8)
and twelve (12), depending on the space allocated for
Residential and Non-residential use. The allowable GFA
shall be determined as follows:
19
residential or Residential use shall be allocated to
such uses in proportion to their GFA.
3.
Conditional C-3A Classification in Poblacion: Lot 41-A-1-A-5-1-A-2-A1, (LRC) Psd-7499, Lot 41-A-1-A-1, Psd-6655, Lot C-1, (LRC) Psd7498 and Lot 42-A, Psd-370 (formerly IS site) subject to the provisions
as contained in City Ordinance 2006-046.
4.
Conditional C-3B Classification in Pio del Pilar: The corner lots at Dela
Rosa St., Javier St. and Arnaiz Ave. at the western side of Chino
Roces Ave. shall be classified as a C-3B subzone subject to the
following conditions:
a.
A C-3B lot shall have a minimum lot size of 1,200 sq.m. with
frontage along Santillan St.;
b.
c.
d.
e.
that
the
C-3C
Conditional C-3D Classification in Pio del Pilar: Lots at the western side
of Chino Roces Avenue from Dela Rosa St. to Arnaiz Avenue except
conditional C-3B lots, shall be classified as a C-3D subzone subject to
the following conditions:
a.
b.
20
c.
d.
OFFICE
BANK, ATM, FINANCE, INSURANCE, MONEY EXCHANGE
SERVICE/PAWNSHOP/ONE-STOP PAYMENT CENTER
c.
COLLEGE/UNIVERSITY, CULTURAL/EDUCATIONAL
CENTER
d.
SPECIALTY SCHOOL/TRAINING FACILITY
e.
PLACE OF RELIGIOUS WORSHIP
f.
GENERAL/SPECIALIZED HOSPITAL, MEDICAL CENTER
g.
AUDITORIUM/THEATER/PERFORMANCE/CIVIC CENTER
(not commercial cinema)
h.
LIBRARY, MUSEUM, EXHIBIT AREA, ART GALLERY
i.
CONVENTION/MEETINGS FACILITY
j.
PARKS, POCKET PARKS, PARKWAY, PROMENADE,
PLAYGROUND, PLAYLOTS, SPORTS FIELD/COURT,
GARDEN
k.
PARKING STRUCTURE
l. COMPUTER/INFORMATION TECHNOLOGY-RELATED SERVICE
ACTIVITY
m.
RADIO/TELEVISION STATION
n.
UTILITY INSTALLATION FOR USE OF ZONE/LOT
OCCUPANTS
o.
PUBLIC UTILITY FACILITY
p.
EMBASSY
q.
GOVERNMENT FACILITY
2.
C-4A:
i.
HOTEL, where it shall be allowed as an additional
Principal Use only in Lot 1, (LRC) Psd-293128 (Bel-Air);
21
ii.
b.
C-4B:
i.
HOTEL, where it shall be allowed as an additional
Principal Use only in Lots 2-A-2-A and 2-A-2-B, (LRC)
Psd 215710 and
Lots 1 and 2, Pcs-00-007133 (San
Lorenzo;)
ii.
RESIDENTIAL INN, APARTELLE, CONDOMINIUM,
CONDOTEL, where it shall be allowed as an additional
Principal Use only in lots without frontage to Ayala
Avenue.
c.
C-4C:
i.
RESIDENTIAL
CONDOTEL
ii.
HOTEL
APARTELLE,
CONDOMINIUM,
C-4D:
i.
RESIDENTIAL INN, APARTELLE, CONDOMINIUM,
CONDOTEL
ii.
HOTEL, where it shall be allowed as an additional
Principal Use only in Lots 1 and 2, (LRC) Pcs-18131
(Urdaneta); and Lot 4-B-1, Psd-00-034959 (Urdaneta)
e.
ii.
g.
Principal Uses which shall be the only Principal Use allowed in the
following lots:
a.
INN,
d.
f.
i.
3.
22
b.
4.
ii.
iii.
COLLEGE/UNIVERSITY/EDUCATIONALRESEARCH
CENTER, where it shall be the only Principal Use allowed
in Lots 1-9 Block 17, (LRC) Pcs-8081 (San Lorenzo) ; Lot
2 Pcs-00008307 (Bel-Air)
iv.
Accessory Uses in C-4A, C-4B, C-4C, C-4D, C-4E, C-4F, C-4G, C-4H
subzones:
a.
23
l.
m.
n.
o.
5.
WELLNESS CENTER
GOVERNMENT FACILITY, except in PARK, PLAYGROUND,
SPORTS FIELD/COURT, GARDEN
FIRE/SECURITY STATION, except in PARK, PLAYGROUND,
SPORTS FIELD/COURT, GARDEN
SUPERMARKET/GROCERY where it shall be allowed in C-4H
only
Additional Accessory Uses allowed in C-4 lots where the Primary Use
is limited to either medical center, place of religious worship, cultural
and educational center, college/university/educational research center,
or parking/parking structure, playground, sports field/court, garden,
utility facility, as specified in Section 20 (3) of this Ordinance:
a.
b.
c.
d.
e.
6.
ii.
24
of a building.
7.
b.
c.
Existing retail stores or restaurants, canteens, or other foodserving establishments, except for those in Hotels, that exceed
the above-stated FAR limit, exclusive of restaurants, canteens,
or other food serving establishments located at and/or above the
second floor of a building, shall be considered non-conforming
uses and shall be subject to the provisions of Section 57 of this
Ordinance.
b.
c.
d.
C-4H: six (6), provided that, if the owner/s of affected lots within
25
the C-4H subzoneprovide the right-of-way to allow for:
i.
construction of an eight (8) meter width road rconnection
between Malugay and Jupiter Streets; and
ii.
future widening of Malugay and Jupiter Streets by a
minimum of 4.5 meters;
The lots within C-4H subzone will be governed by a maximum
FAR of eight (8). (However, the area allocated for the road
connection and widening in each lot shall be included in the
computation of the maximum FAR of the lot; provided that the
relevant instrument allocating such area for road connection and
widening is annotated on the Certificate of Title for such lot.)
In the case of the lot/s directly affected by the future connection
of Jupiter St. to Malugay St., bonus incentives employing land
readjustment scheme shall be made available which shall be
made available as per Section 41 (4).
e.
f.
g.
C-4K:
i.
ii.
iii.
h.
For all lots in C-4 zone, the GFA devoted exclusively for
permanent use as theater/performance center (non-commercial
cinema use), museum, and art gallery shall be excluded from
the computation of the maximum allowable FAR. In no case,
however, shall the total area excluded from the computation of
26
the maximum allowable FAR for this purpose exceed 0.5 FAR.
8.
c.
d.
e.
that
the
C-4J
Conditional C-4K Classification in Pio del Pilar Area: Lots along the
western side of Amorsolo Street from Urban Avenue to Arnaiz Ave.,
shall be classified as a C-4K subzone subject to the following
conditions:
a.
b.
c.
d.
e.
Additional
requirements
shall
be
submitted
such
asenvironmental impact study conducted by a reputable
consulting firm/s that recommends such classification givenan
assessment of the impact of the classification on traffic,
accessibility, utilities, and other environmental issues;
27
planning/urban design, building siting, complementary of building types and
land uses, usable open spaces for general public use and the preservation of
significant natural land features, if feasible.
1.
The proposed site must be free from any encumbrances and the
development must conform with the objectives of the New Makati
Comprehensive Land Use Plan (2013-2023).
2.
3.
The development should provide for adequate open space and parking
areas. The internal circulation system and ingress/egress points with
external traffic flow must be well coordinated within the PUD.
4.
5.
The Master Development Plan should comply with the rules and
regulations related to NBC, Safety Code, and other applicable laws.
Likewise, as part of the project approval requirements, there is a need
to submit impact studies of the development such as but not limited to
EIA, TIA, UIA and EGGAR. As well as other appropriate interventions
and mitigating measures recommended by the studies.
SECTION 22. Special Mixed-Use Zone (SMU): This zone shall specifically
refer to planned mixed-use development in Fort Bonifacio area and the
commercial/mixed-use development along both sides of Chino Roces Avenue
from Don Bosco Street in the north to the Maricaban Creek in the south.
The SMU in Fort Bonifacio is guided by a specific development guideline
prepared for this purpose.
The SMU along Chino Roces Avenue is envisioned to serve as platform for
innovative/visionary initiatives, incubator spaces for the development of
creative economy, promising start-ups and sites for KPO to complement the
corporate nature of CBD. As a whole, it is intended to be a mixed-use
development creating a good mix of vibrant residential and commercial
activities. Developers and/or lot owners are encourage to prepare and submit
to the UDDfor evaluation, Master Development Plan for their proposed
project/s. The City Mayor, based on the technical evaluations conducted by
the UDD will recommend the approval of the Master Development Plan to the
City Council.
This approach gives more flexibility both to the City and to the developer, to
allow more of a range of land uses, as long as their overall impact is positive;
28
as well as to determine appropriate densities that could be supported by said
development. In addition, new technologies and more innovations can be
incorporated in the project as agreed by both parties. This approach is
perceived to foster better communication and collaboration between the public
and private sectors.
The SMU along Chino Roces Avenue is intended to preserve the natural
features of the area, since the impacts of such developments are evaluated
directly. Minimum requirements such as improvements in traffic circulation,
pedestrian, open space and other facilities for public use will be required as a
condition for any development within SMU. The Master Development Plan
should comply with the rules and regulations related to NBC, Safety Code,
and other applicable laws. Likewise, as part of the project approval
requirements, there is a need to submit impact studies of the development
such as but not limited to EIA, TIA, UIA and EGGAR. As well as other
appropriate interventions and mitigating measures recommended by the
studies.
The developers/lot owners have the option to develop their properties either
by adopting the SMU or to conform with the overlay land use and zoning
regulations for the area.
SECTION 23. Special Precincts for Urban Redevelopment Zone (SPUR).A
SPUR Zone is intended to catalyze redevelopment in several identified
locations throughout the City. Most of these areas are less affluent than their
neighboring commercial/business zones. Nonetheless, these strategically
located areas have the potential to transform into higher value developments
that could nurture new business ventures, distribute economic opportunities to
the local community and add to the citys inventory of commercial spaces.
It is envisioned to encourage more enterprising activities in a predominantly
residential neighborhood in order to transform them into a more vibrant and
attractive cluster with thematic developments (e.g. furniture/automotive district
in Evangelista, entertainment-based uses in Carmona-Olympia area,
riverside/recreational development along Pasig River, etc.), improve the
image and sense of place of the neighborhood, and serve as an urban
renewal model.
A SPUR Zone is also intended to provide a mechanism for private-public
sector collaboration with respect to upgrading infrastructure and utilities, and
other investments in the neighborhood. This may involve incentives granted to
private sector proponents of redevelopment projects within a SPUR Zone
subject to the following conditions:
1.
29
2.
3.
4.
The proposed SPUR project will clearly benefit the neighbourhood and
the City in the form of increased safety and improvements in traffic
circulation, pedestrianization, open space provision and other public
services and facilities.
In the absence of a Master Development Plan, the overlay land use and
zoning regulations shall apply.
A Special Body created under Section68 shall prepare the IRR in the form of
development guidelinesto describe and guide in detail the objectives,
preparation and implementation of SPUR Zone Master Development Plans,
including the application, approval and management of proposed
redevelopment projects in a SPUR Zone. The IRR shall identify the form and
amount of incentives that may be granted to SPUR project proponents.
Section 24. Disaster Resiliency Initiative for Vulnerable Enclave Zone
(DRIVE):DRIVE Zones are designated in areas in most need of upgrade
and/or redevelopment, owing to their environmental, geo-hazard and poor
habitation conditions, in order to mitigate hazards and reduce vulnerability.
The City through the Special Body created under Section 68intends to
prepare a Master Development Plan with a corresponding IRR for each
DRIVE Zone, and utilize a land readjustment scheme to improve living
conditions, reduce risks of hazards and disasters, and generate livelihood
opportunities. In no case shall any redevelopment be allowed in a DRIVE
Zone without the conduct of technical studies to assess the sites suitability for
further development.
In the absence of a DRIVE Master Development Plan, the overlay land use
and zoning regulations in each DRIVE Zone shall apply.
SECTION 25. Heritage Preservation Zone (HPZ): This zone shall promote
the preservation of historic/heritage sites and structures as important assets
of the City. Such sites and structures shall be preserved and/or adaptively
reused to enhance their heritage values. To the extent possible, they shall be
made accessible for the educational and cultural enrichment of the general
public.
To guide development and urban design in the area, a HPZ Master
Development Plan and Historical Preservation Guidelines shall be prepared to
ensure that the objectives for which this Zone was designed are met. The
formulation of this Master Development Plan shall involve consultation with
affected lot owners and shall be based on a study conducted by the City. The
Special Body created under Section 68 will spearhead the formulation of the
HPZ Master Development Plan. The City Mayor shall adopt the HPZ Master
30
Development Plan through an Executive Order.
For lots in the area of the zone fronting the Pasig River, north of
J.P. Rizal Street/Guadalupe-Pateros Road, A. Bonifacio Street,
and future extensions of A. Bonifacio Street:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
b.
2.
31
a.
For lots in the area of the zone fronting the Pasig River, north of
J.P. Street/Guadalupe-Pateros Road, A. Bonifacio Street, and
future extensions of A. Bonifacio Street:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
b.
32
xxvii MACHINE/WELDING/METAL/JUNK/FURNITURE SHOP
xxviii COMPUTER/INFORMATIONTECHNOLOGY-RELATED
ACTIVITY
xxix RADIO/TV STATION
xxx. TRANSIT STATION/TERMINAL
xxxi. WAREHOUSE/STORAGE FACILITY
3.
For lots in the area of the zone fronting the Pasig River, north
of J.P. Rizal Street/Guadalupe-Pateros Road, A.
Bonifacio Street, and future extensions of A. Bonifacio Street:
i.
ii.
iii.
b.
4.
5.
For lots in the area of the zone fronting the Pasig River, north of
J.P. Rizal Street/Guadalupe-Pateros Road, A. Bonifacio Street,
and future extensions of A. Bonifacio Street: ten (10) meters
b.
Maximum Lot Coverage: For lots in the area of the zone fronting the
Pasig River, north of J.P. Rizal Street/Guadalupe-Pateros Road, A.
BonifacioStreet, and future extensions of A. Bonifacio Street: twentyfive percent (25%).
SECTION 27. Institutional Zone (INS): This zone shall be used primarily for
government, religious, cultural, educational, medical, civic, residential and
supporting commercial and service uses.
1.
Principal Uses:
a.
b.
c.
d.
e.
33
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
2.
b.
3.
Accessory Uses:
a.
SHOWROOM/DISPLAY STORE
CONVENIENCE/RETAIL STORE/FOOD STORE/CART/KIOSK/STALL
(not department store or shopping center)
c.
RESTAURANT, CANTEEN, OTHER FOOD-SERVING
ESTABLISHMENT
Maximum Floor Area Ratio: four (4)
SECTION 28. Government Center Zone (GCZ): This zone shall be used
primarily for Makati City government functions, institutional and civic activities,
and supporting local community uses.
1.
2.
Accessory Uses:
a.
b.
c.
d.
e.
f.
g.
h.
3.
Maximum Floor Area Ratio: four (4), which shall apply only to the gross
land area of Makati City government property in the GCZ zone.
4.
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zones shall be used primarily for recreational uses.
1.
Principal Uses:
a.
i.
2.
ii.
Accessory Uses:
a.
REC-1:
i.
COMMUNITY/VILLAGE ASSOCIATION OFFICE
ii.
FIRE/SECURITY STATION
iii.
PLACE OF RELIGIOUS WORSHIP
iv.
CLUBHOUSE, MULTI-PURPOSE HALL/ROOM
v.
SPORTS/RECREATION FACILITY
vi.
DAY CARE CENTER
vii.
UTILITY INSTALLATION FOR USE OF ZONE/LOT
OCCUPANTS
viii.
PUBLIC UTILITY FACILITY
ix.
GOVERNMENT FACILITY
b.
3.
4.
35
a.
b.
SECTION 30. Open Space (OPN): This zone shall be used as open space
for parks and playgrounds. It includes, but is not limited to, waterway
easements as well as high disaster-risk areas.
1.
Principal Uses:
a.
b.
c.
2.
3.
SECTION 31. Cemetery Zone (CEM): This zone shall be used primarily for
burial and related activities.
1.
Principal Uses:
a.
b.
c.
36
d.
e.
f.
3.
Accessory Uses:
a.
b.
c.
d.
3.
MAUSOLEUM
COLUMBARIUM
PARKS, POCKET PARKS, PARKWAY, PROMENADE,
GARDEN, AVIARY, AND OTHER NATURE CENTER
PARKING STRUCTURE
FIRE/SECURITY STATION
UTILITY INSTALLATION FOR USE OF ZONE/LOT
OCCUPANTS
PUBLIC UTILITY FACILITY
SECTION 32. Utility Zone (UTL): This zone shall be used primarily for utility
functions.
1.
Principal Uses:
a.
b.
c.
d.
e.
2.
Accessory Uses:
a.
b.
Article VI
GENERAL ZONE REGULATIONS
SECTION 33. Area Regulations. Area regulation in all zones shall conform to
the minimum requirements of the following statutes and regulations:
1.
37
2.
3.
4.
5.
6.
7.
2.
Two or more lots may be consolidated into a single lot which may later
be re-subdivided, provided that:
a.
b.
SECTION 36. Yard and Building Setback Regulations. Yard and building
setback regulations of the NBC and other applicable laws, rules and
regulations shall be applied in all zones except:
1.
38
must be constructed flush with the property lines. The building footprint
thus defined should rise to a minimum height of fifteen (15) meters.
However, indentations may be permissible on the ground floor for the
purpose of making display windows more effective. In case of lots in
these areas that face side streets, driveways to parking areas inside
the property may be constructed through appropriate arcades.
However, in Block 4, (LRC) Psd-6132 and Plan (LRC) Pcs-1332 along
Paseo de Roxas and Makati Avenue, the building may be set back
from any boundary of the lot, provided that a minimum setback of two
(2) meters from the common boundaries with adjoining properties is
observed. The setback shall be measured from the property line to the
nearest projection of the building.
2.
In R-3A, R-3B, C-4C, C-4D, C-4E, C-4F, and C-4G subzones, the
building may be built flush with the property line fronting a street and/or
flush with the common boundaries with adjoining properties. If the
building will be built away from the common boundaries with adjoining
properties then in such case, a minimum setback of two (2) meters
from the property line must be observed. The setback shall be
measured from the property line to the nearest projection of the
building.
3.
In C-4H subzone, the building shall be built flush with the property lines
on all sides of the lot, except along Jupiter Street where the building
will be set back by at least nineteen (19) meters measured from the
Jupiter Street property line to the nearest projection of the building.
4.
5.
In R-1 (Forbes Park Village lots only), the minimum setback from a
boundary fronting a street shall be eight (8) meters. The minimum
setback from all other boundaries shall be two (2) meters. Setbacks
shall be measured from the lot boundary to the nearest finished wall,
column, eave, or projection of the building.
The banks of rivers throughout their entire length, are subject to ten
(10) meter easement and in tributaries, three (3) meters. 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
any other structure of any kind.
39
2.
A mandatory five (5) meter easement on both sides of the WVF and
such other fault traces on the ground identified by PHIVOLCS or its
successor agency.
3.
Parking:
a.
iii.
iv.
v.
40
Section may be adjusted to take into account the timing
differences in the parking needs of the individual uses
through application of the provisions of Rule XIX of the
NBC wherein 100% of the parking requirements of the
dominant use and only 50% of the parking requirements
of each of the non-dominant uses shall be provided. If the
dominant use is not subject to parking requirements, then
100% of the parking requirements of the next most
dominant use and only 50% of the parking requirements
of each of the other non-dominant uses shall be provided.
b.
e.
f.
41
structures are excluded from this requirement.
2.
b.
c.
In C-4D, a lot facing Gil Puyat Avenue may have its vehicular
entrance (but not exit) on the side of the lot facing Gil Puyat
Avenue, but the exit must always be along an Access Road
within C-4D, or along Makati Avenue or Paseo de Roxas.
d.
e.
f.
g.
h.
i.
j.
42
Street (north), R-1 lots (west), EDSA (south), vehicular access
to the lots shall be allowed only from a rear service road, which
shall connect to Estrella Street by a maximum of two vehicular
driveways between EDSA and Amapola Street.
3.
k.
l.
m.
n.
1.
2.
3.
In R-3 and C-4A, C-4B, C-4C, C-4D, C-4E, C-4F, C-4G, and C-4H
zones/subzones:
a.
b.
43
building proper to the street curb shall be allowed, but shall in no
case be permanent in nature or be considered an appropriation
of the air space so as to serve as a basis for prescription. Such
porte cochere or covered walk shall be removed by the owner if
and when the same shall stand in the way of street widening,
installation or repair of utilities underneath the sidewalk,
installation of ground-level or elevated covered walkways, or any
similar improvements.
c.
d.
1.
2.
The walkway is open for the use of the general public at least during a
period that starts before and extends after regular working hours;
3.
The walkway has a minimum clear width of at least two (2) meters if it
is at the ground level, and three (3) meters if it is elevated or
underground;
4.
5.
44
passage, provided that commercial advertising signs, business signs,
public payphones, newsstands, and other similar activities that do not
significantly disrupt pedestrian flow shall be allowed.
The covered ground-level, elevated, or underground walkway may also
be allowed to extend into prescribed setbacks provided that Section 36,
(1-5) of this Ordinance is met, and subject to the specific approval of
the Building Official.
The Recipient Lot and the Source Lot are located in the same R3, C-1A, C-2, C-3, C-4 subzone, GCZ or INS zone;
b.
The Source and Recipient Lots shall have the same type (FAR)
of density restrictions;
c.
The sum of the GFA in the Source Lot and the Recipient Lot
does not exceed the sum of the allowable maximum GFA of the
two lots, as defined in Article V of this Ordinance;
d.
e.
45
cost of the proponent;
k.
2.
f.
g.
In any case, the total FAR of a Recipient Lot, resulting from the
TDR from a Source Lot shall not exceed 125% of its original
maximum FAR;
h.
i.
j.
GFA that has been transferred to a Recipient Lot cannot be retransferred except to the original Source Lot; and
The resulting increase in the total GFA of a Recipient Lot
and
thecorresponding decrease in the total GFA of a Source Lot
shall beannotated on the respective titles of the Source Lot and
the Recipient Lot within sixty (60) working days after theTDR
hasbeen approved by the Zoning Administrator.
Transfer
of
Development
Rights
(TDR)through
theCity
Government.TDR as a mechanism may be employed by the City to
preserve and enhance heritage sites/structures, enhance and maintain
the character of riverside zone, move population away from possible
danger siteswhile simultaneously directing development to appropriate
locations. Likewise, the City may avail of other sources of GFA that can
cater to other developers needing additional FAR.
In order to accomplish these objectives, the City Government is
authorized to acquire development rights in the form of GFA from
Source Lots and transfer these development rights to Recipient Lots.
Source Lots shall be the lots within the OPN Zone transected by
theWVF, RDZ and HPZ, and other lots that can be identified by the City
based on technical studies. The City may also establish a TDR Bank
that will cater to those lots (Source Lots) that are willing to transfer
development rights, but currently no Recipient Lot/s is/are identified yet.
Recipient Lots shall be within the zones that are allowed to receive
46
additional FAR.
Funds generated from the transfer of development rights shall be
placed in a dedicated Trust Fund that will be used to finance City
investments and improvements in the identified areas needing
improvements.
A Special Body created under Section 68 will prepare the necessary
IRR to guide in detail the objectives, processes and management of
the TDR through the City Government. This Special Body shall
recommend to the Zoning Administrator the availment of TDR through
City Government.
3.
Bonus Incentives. Bonus incentives which may take the form of either
additional increase in the allowable FAR or other incentives, may be
made available to developments that provide facilities and amenities
which are of public benefit and deemed desirable by the City. These
facilities or amenities shall be in the form of:
a.
b.
c.
47
d.
e.
The Special Body created under Section 68 shall prepare the IRR to
describe and guide in detail the objectives, eligibility of lots and
developments, processes and management of Bonus Incentives by the
City Government, including the creation and composition of a special
committee tasked to evaluate and recommend on applications for
Bonus Incentives.
SECTION 42. Unfinished Buildings with Approved Building Permits Prior
to 2001. With the goal of enhancing the competitiveness of the City to
maintain its premiere status, the City endeavors to continually improve its
overall urban environment and safeguard public health and safety. To
achieve these objectives, completion of an unfinished building with an
approved Building Permit prior toAugust 20, 2001 but which is no longer
compliant to current regulations on density/height shall be allowed to proceed
provided that:
1.
2.
3.
4.
The updatedbuilding plans and permits are approved by the UDD and
OBO. The building may be allowed to be built up to a maximum
FAR/height equivalent to the FAR/height indicated in the pre-2001
approved Building Permit subject to conditions required by the Office of
the Zoning Administrator UDD and OBO.
48
5.
The construction and operation of the building will not result in harmful
external impacts and will not substantially impair the use and
enjoyment of the other existing uses on the district.
6.
7.
Article VII
INNOVATIVE TECHNIQUES
SECTION 45. Special Uses. In addition to conforming to the applicable
zoning regulations, additional locational clearance requirements may be
required for each of the following uses subject to the following conditions and
existing applicable laws:
1.
b.
c.
d.
49
e.
f.
2.
Crematorium
a.
b.
c.
d.
e.
3.
b.
c.
d.
e.
4.Funeral/Memorial Service
a.
b.
c.
50
5.
6.
b.
c.
d.
e.
f.
7.
8.
Auto-repair shop
a.
Auto repair shop may be located within, C-1A, C-2, C-3, C4I, C4J and GCZ zones/subzones only, subject to applicable
conditions on dominant/accessory use;
b.
c.
Machine/Metal/Welding/Junk/Furniture Shop
a.
51
zones/subzones only, subject to applicable conditions on
dominant/accessory use;
9.
b.
c.
b.
c.
d.
e.
a.
b.
52
c.
d.
e.
1.
The proposed Master Development Plan for the project supports the
overall vision and goals of the City.
4.
3.
The project benefits shall not only accrue to the proponent but to
surrounding neighborhood and the City in general.
4.
The proponent shall conduct studies such as EIA, UIA, TIA, EGGAR
and other plans or studies that may be required by the City, and based
on the results of these studies shall introduce mitigations and
interventions toaddress negative impacts, if any.
5.
6.
7.
53
the UDD for evaluation, Master Development Plan for their proposed
project/s. The City Mayor, based on the technical evaluations
conducted by the UDD will recommend the approval of the Master
Development Plan to the City Council.
Article VIII
MISCELLANEOUS PROVISIONS
SECTION 47. Projects of National Significance. Projects may be declared
by the NEDA Board as Projects of National Significance pursuant to Section 3
of EO 72. When a project is declared by the NEDA Board as a Project of
National Significance, the locational clearances shall be issued by the HLURB
pursuant to EO 72.
SECTION 48. Traffic and Utilities Impact Study Requirement. The owner
or developer of a building or mixed-use development that has a GFA of at
least twenty-thousand (20,000) square meters shall be required to submit, as
part of the application for a Locational Clearance, a Traffic and Utilities Impact
study that indicates: the estimated volume and flow of vehicular traffic into and
out of the building or mixed-use development; the impact of such vehicular
traffic on the immediate vicinity; corresponding traffic management
procedures and mitigation devices; and the estimated impact of the building or
mixed-use development on existing utilities.
However, for business activities which are potential traffic generator, a TIA is
required even if the GFA is less than 20,000 square meters.
SECTION 49. Environmental Compliance Certificate with the
Corresponding Study. Projects within the scope of the Environmental
Impact Assessment System, those that are classified as Environmentally
Critical Projects or those that are located in Environmentally Critical Areas
shall not be commenced, developed, or operated unless the requirements of
the Environmental Compliance Certificate have been complied with and the
corresponding study have been submitted to the Office of the City Zoning
Administrator UDD.
SECTION 50. Additional Studies. Projects in specific areas within but not
limited to West Valley zone and areas prone to liquefaction and other hazards
as may be deemed necessary may be required to submit additional studies
i.e. Engineering Geological Geophysical Assessment Report (EGGAR.
Article IX
MITIGATING DEVICES
SECTION 51. Deviation. Deviations from the provisions of this Ordinance
may be allowed by the Makati City Zoning Board of Adjustments and Appeals
(MCZBAA) in form of a Variance or an Exception, only when all the following
terms and conditions are fulfilled:
54
1.
2.
b.
c.
d.
The exception will not adversely affect public health, safety and
welfare and is in keeping with the general pattern of
development in the community;
b.
The proposed project shall support or will not conflict with local
development objectives and plans.
c.
d.
The exception will not alter the essential character and general
purpose of the zone or district where the exception sought is
located.
55
MCZBAA citing the Section of this Ordinance under which the same
exception or variance is sought, stating the ground/s thereof, and
describingthe proposed exception or variance in terms of boundaries,
plans, nature of operation or use, and the like.
2.
3.
4.
5.
6.
7. The MCZBAA shall render a decision within thirty (30) days from the filing
of the application, exclusive of the time spent for the preparation of
written affidavit of non-objection and the public hearing in case of any
objection to the granting of exception/variance.
Article X
ADMINISTRATION AND ENFORCEMENT
SECTION 53. Locational Clearance. All owners/developers shall secure
locational clearances from the Office of Zoning Administrator - UDD or in
cases of variance and exceptions, from the MCZBAA prior to conducting any
business activity or construction on the lot.
SECTION 54.Building Permit. No building permit shall be issued by the
Makati City Building Official without a valid locational clearance in accordance
with this Ordinance. Approved Plans based on the Locational Clearance shall
not be altered or modified without the approval of the Office of the Zoning
Administrator UDD.
Any person/firm applying for permit for signboards/billboards shall secure a
locational clearance from the Office of the Zoning Administrator - UDD prior to
installation, construction or modification of the same.
The Locational
Clearance for the same shall be an indispensable requirement in the issuance
of other necessary permits and license. Application, installation, construction
or modification of billboards and signages shall conform with the Billboard
Masterplan approved by the City Council.
SECTION 55. Business Permit.
56
business permit shall secure a Conforming Locational Clearance from the
Office of the Zoning Administrator - UDD prior to the issuance of business and
license permit.
Existing businesses transferring to a new location must apply for a locational
clearance as if it is a new business.
For business located in a unit inside a permanent structure, application may
be filed directly with the Office of the Zoning Administrator - UDD. Otherwise,
pre-approval of the Office of the Building Official (OBO) should be required.
SECTION 56. Non-Use of Locational Clearance. Upon issuance of a
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 clearance.
SECTION 57. Existing Non-Conforming Uses and Buildings. The lawful
uses of any building, structure or land prior to August 20, 2001 may be
continued although such uses do not conform with the provisions of this
Ordinance provided that:
1.
2.
3.
4.
5.
6.
57
may be altered to decrease its non-conformity.
7.
2
.
PhP
200.00
300.00
1,000.00
2,000.00
1,000.00
1,500.00
b.
c.
d.
e.
f.
Telecommunication Tower
g.
h.
Billboards **
58
3
.
4
.
i.
j.
k.
l.
Public Parks
m
.
Private Parks
n.
Recreational Facilities
o.
Processing Fee
c.
d.
Zoning Certificate
Reprinting of Locational Clearance/Zoning
Certificate
Zoning Certificate for Thesis Purposes
Reprinting of Zoning Certificate for Thesis
Purposes
400.00
400.00
100.00
100.00
300.00
6.1
0.25 of the
corresponding
prescribed
land use fee
Certificate Fee
a.
b.
5
.
6
.
59
6.2
5,000.00
5,000.00
2,000.00
5,000.00
6.3
6.4
7
.
2,000.00
5,000.00
Enforcement:
a.
60
repairs/renovations on non-conforming uses consistent with
the guidelines thereof.
2.
b.
c.
d.
e.
f.
g.
f.
Salary
Grade
Assistant Department Head for Zoning 25
Administration (Zoning Administrator)
ZONING ADMINISTRATION DIVISION
Zoning Officer V
24
Zoning Officer IV
22
A. Processing Section
Step
1
1
1
61
Zoning Officer III
Zoning Officer II
Zoning Officer II
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Computer Operator II
B. Enforcement Section
Zoning Officer III
Zoning Officer II
Zoning Officer II
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Computer Operator II
C. Customer Service and Support
Section
Zoning Officer III
Zoning Officer II
Zoning Officer II
Zoning Officer I
Zoning Officer I
Zoning Officer I
Zoning Officer I
Computer Operator II
Computer Operator II
18
15
15
11
11
11
11
11
11
9
1
1
1
1
1
1
1
1
1
1
18
15
15
11
11
11
11
11
11
9
1
1
1
1
1
1
1
1
1
1
18
15
15
11
11
11
11
9
9
1
1
1
1
1
1
1
1
1
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2.
8.
63
4.
5.
6.
7.
City Assessor
President, Association of Barangay Captains
Three private sector representatives
Two (2) non-government organization representatives For purposes of
policy coordination, said committee shall be attached to the City
Development Council.
b.
c.
2.
3.
SECTION 68. Creation of the Special Body on Land Use and Zoning. The
City through an Executive Order shall create the Special Body on Land Use
and Zoning. The Special Body shall be composed of the following:
1. Chairman: City Mayor
2. Members:
a. City Urban Development Officer
b. City Building Official
c. City Legal Officer
d. City Councilor Chairperson of the Housing,
Development and Resettlement Committee
e. City Councilor President, Liga ng mga Barangay
Urban
64
The said IRRsto be formulated by the Special Bodyshall form part of this
Ordinance.Further, the Special Body is authorized to create Technical
Working Group/s as necessaryin the performance of its functions.
SECTION 69.Amendments to the Zoning Ordinance. Changes in the
Zoning Ordinance as a result of the review and evaluation by the MCZRC
shall be treated as an amendment, provided that any proposed amendment to
the Zoning Ordinance or provisions thereof shall be subject to public hearing
and review evaluation of the MCZRC. As a minimum, any proposal to amend
the Zoning Ordinance shall submit to, and for the evaluation of, the MCZRC
sufficient evidence and justification that: the proposal is consistent with the
development goals, objectives, and strategies of the Comprehensive Land
Use Plan; the traffic, utility (water, power, sewerage, drainage, waste
disposal, etc), environmental and other impacts of the proposal are
acceptable; and the proposal has the consent of affected neighborhood,
homeowners or community associations. Approval of any proposed
amendment shall require a three-fourths vote of approval by the Sangguniang
Panglunsod. Said amendment shall take effect only after ratification by
HLURB.
SECTION 70. Update of Zoning Map. Once all proposals have been
finalized and all amendments have been duly approved, the necessary
changes shall be reflected on the The New Makati Official Zoning Map.
SECTION 71. Violation and Penalty. Any person who violates any of the
provisions of this Ordinance, shall, upon conviction, be punished by a fine not
exceeding P5,000.00 or imprisonment not exceeding six (6) months, or both
at the discretion of the court. If the violation is committed by the firm,
corporation or partnership, the managing partners, directors or any person in
charge with the management thereof shall be held responsible. Professionals
who are in charge of the project, if found to be constructing or constructed any
structure in violation of the Makati City Zoning Ordinance and its
Implementing Rules and Regulations, shall be held liable and the case shall
be referred to the Professional Regulation Commission (PRC) for appropriate
action. Any person or government official if found to have committed any
violation of this Ordinance, directly or indirectly, shall be administratively and
criminally liable.
SECTION 72. Effect of Other Laws, Decrees, and Restrictions. The
provisions of this Ordinance shall be without prejudice to the application of
other laws, presidential decrees, letters of instruction and other executive or
administrative orders vesting national agencies with jurisdiction over specific
land areas, which shall remain in force and effect, provided that land use
decisions of the national agencies concerned shall be consistent with the
Comprehensive Land Use Plan of Makati City.
SECTION 73. Separability Clauses. (1) 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.
65
Any portion thereof not affected by such declaration shall remain in full force
and effect. (2) If any provision/s of this Ordinance or any portion thereof may
be found in violation of any National Laws, Rules and Regulations, Legal
Orders and the like, the same is hereby declared invalid or null and void;
Provided further that it may be modified and/or amended accordingly.
SECTION 74. 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 75.Effectivity Clause. This Ordinance shall take effect after the
ratification of Housing and Land Use Regulatory Board (HLURB), posting in
public places, and fifteen (15) days after publication in at least one (1)
newspaper with general circulation.
Attested by:
Approved by:
66