Legal Context

Attribute Land Use

Significance
Political boundaries Permitted uses and
review process
Land Use incentives Land Costs,
development costs
Land Use Regulations Permitted uses and
densities
Easements & deed Locations of permitted
restrictions uses
Category Attribute Land Use
Significance
Historic Significant buildings Amenities,
development
restrictions
Infrastructure Streets Site Access
Utilities Construction Cost
Buildings Massing (height, Visual quality,
width) and sense of place
articulation
(fenestration)
Context Land Use Visual Quality
Potential nuisances
(noise, odors)
Legal Context

€Vary from local, regional, national level

€Change over time
Land Use and Tenure
• Fee simple purchase of land is
the acquisition – for money or
some other compensation – of
the title to a land parcel.
(Transfer of Certificate of Title
or TCT).
– Land ownership or tenure, entails
both rights and responsibilities.
– Land use controls are intended to
protect public health, safety, and
welfare.
– Government can invoke use of
Eminent Domain
 • Development rights
Land Use and also may be restricted
Tenure in ways other than
gov’t. land use
regulations

– Easements - may ensure

access to a property that is
accessible only by crossing
another property; for use
of emergency vehicle
access or utility
maintenance vehicle
access.
Land Use and Tenure
• Covenants and deed restrictions –
for conservation purposes, i.e.,
scenic easements, purchase and
transfer of development rights to
keep land undeveloped for a defined
period of time, etc.
Land Use and Tenure
• Prior history of land use – influence
on land use suitability
• Mapping – certified survey map of the
parcel boundaries, history of land
ownership, any deed restrictions or
covenants (cadastral map)
– Aerial photographs, topographic maps,
GIS maps, etc.
Cadastral Map
Topographic Maps
Sanborn Maps
• Originally created
for the fire
insurance industry
in the US. It
provides detailed
info. On bldg.
footprints, heights,
construction
materials, uses, etc.
 Aerial Photographs

Recent aerial photos provide good information on

streets, trees and land use.
Orthophoto Map
GIS Maps
3-D Terrain Model (GIS Map)
Land Use Regulation
€National and Local
Regulations
y To protect environmental
quality and preserve historic
and other cultural resources
ż NIPAs, EIA, etc.
y To enhance quality of life
ż Accessibility Law, National
Building Code
Environmental Conservation Areas
Local Regulations
• Land Use regulation – “police
powers” of gov’t. to control land use
and influence the pace, location,
and character of new
developments.
– Comprehensive Land Use Plan
(CLUP)
– Zoning Ordinance
– Subdivision ordinances, stormwater
management ordinances, landscaping
ordinances
Zoning
€ Division of a community into zones or
districts (e.g. commercial, residential,
institutional, etc.) according to the
present potential uses of land to
maximize, regulate and direct their use
and development according with the
Comprehensive Land Use Plan (CLUP).
€ It embodies among others regulations on
the uses in each zone or district and
deviations from the requirements
prescribed in the ordinance.
Zoning Map
2 Major Elements of Zoning
1. Zoning Ordinance – a
legally binding set of rules
and regulations affirming
the usage of land in a
city/municipality. It contains
a set of allowed uses and
regulations that applies to
each designated zone.
2. Zoning Map – a duly
authenticated map defining
divisions of diff. planned
land uses and regulations
of land into zones in a
city/municipality.
Legal issues to be investigated
1. Zoning
classification
(permitted land
uses and
densities)
 Legal issues to be investigated
2. Easements,
covenants, and
other deed
restrictions

ROW for
Scenic easements transmission lines
Legal issues to be investigated
3. Gov’t. agencies
with jurisdiction
over the
property

– National
– Local
Legal issues to be investigated
4. Bldg.
placement
requirements
(setbacks)

• National
Bldg. Code
• Local
Ordinances
Legal issues to be investigated
ABOVE 7-STOREYS OR 21 METERS FOR
OTHER DISTRICTS EXCEPT
INDUSTRIAL 1 AND 2
7-STOREYS OR 21

PROPERTY LINE
METERS FOR R2

5. Allowable 5-STOREYS OR 15 METERS

buildable area
3-STOREYS OR 9
METERS

2M 3M HIGHEST NATURAL GRADE LINE

OR FRONT SIDEWALK LEVEL
6M

R-1 R-2 / R-3 / Commercial / Parks /

DISTRICT Institutional /Special DISTRICTS
FIGURE 2

PROPERTY LINE

ABOVE 9 METERS

9 METERS

BUFFER
STRIP

HIGHEST NATURAL GRADE LINE

3M OR FRONT SIDEWALK LEVEL
8 M
R-1 / R-2 / R-3 Industrial (I-1 / I-2) DISTRICTS
DISTRICTS

FIGURE 3
 Legal issues to be investigated

PROPERTY LINE
BUILDING

PROPERTY LINE
6. Parking requirements
7. Open space PARKING LOT

PROPERTY LINE
(SIDEWALK EASEMENT)

requirements
ROAD RIGHT-OF-WAY
ONE LANE ONE LANE
(ROADWAY)
EXIT ENTRY

BUILDING
PROPERTY LINE

PROPERTY LINE
PARKING LOT
(ANYWHERE WITHIN THE PROPERTY)

AT ANY POINT ON LOT FRONTAGE PROPERTY LINE

ROAD RIGHT-OF-WAY
(SIDEWALK EASEMENT)
(ROADWAY) ONE LANE EXIT ONE LANE ENTRY
Legal issues to be investigated

8. Stormwater
management
and erosion
control
requirements
9. Landscaping
requirements
 Local Regulations
€ Variances from the
code requirements,
i.e., spot zoning,
Planned Unit
Development (PUD),
etc.
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 Local Regulations
€Design review process
becoming part of the
land use regulatory
process
y Design
standards/performance
standards and the
process for reviewing
and approving designs
must be clear and
unambiguous
 Public Infrastructure

€ Depth, location, and type of utility systems and

structures present on the site and adjacent to the site
are useful info. In planning future uses of the site.
 Public Infrastructure
€ Mapping – a site utility
inventory should at least
include the locations and
sizes of the utility
systems, if they exist on or
adjacent to the site:
y Stormwater sewer
y Sanitary sewer
y Potable water
y Electricity
y Natural gas
y Telephone
y Television cable
 Circulation
• Consider established
pedestrian and
vehicle circulation
patterns
• Consider effects of
proposed
development on
existing and future
circulation patterns
 Circulation
• On-site
circulation
systems must be
internally well-
organized and
must be linked
to off-site
circulation
system

• Avoid
pedestrian-
vehicle conflicts
Circulation • Mapping
– Consider land
use type
(residential,
commercial,
etc.) & land
use intensity
(e.g. vehicle
traffic, density
of residences)
Traffic Projections
Estimate of existing
and project traffic
volumes on adjacent
streets and highways
Bikeways Plan
 Buildings
• The massing and
placement of bldgs. In a
city contribute to the
character of the
neighborhood.

• The design context of a

site must be understood if
the new development is to
make a positive
contribution to the area’s
visual quality.
Buildings
Ten Common design attributes in
traditional commercial districts:

1. Height 6. Roof form

2. Width 7. Materials
3. Setback 8. Color
4. Proportion of Openings 9. Sidewalk coverings
5. Horizontal Rhythms 10.Signs
 • Mapping – the
Buildings relationship between
mass and space on a
site and its
surroundings can be
assessed through a
figure and ground
analysis.

• The patterns of solids

and voids reveal a
site’s sense of
enclosure or openness
of the urban texture
surrounding the site.
Perceptual Quality
• Human perception of land-based
amenities – and disamenities –
involves at least 3 senses: hearing,
sight, and smell.

1. Visual quality
2. Sound quality
3. Air quality
Visibility (or Viewshed) Map

€ Identification of viewsheds, or areas visible from

specific locations on the ground can be done in GIS
or topographic maps.
€ Label what can be seen on the map (on-site and off-
site)
Visibility (or Viewshed) Map
• Include distinctive
features: rock
outcrops, water
bodies, wooded
areas, isolated
specimen trees;
stone walls, ruins,
churches, etc.
Visual Quality
• Consider the area’s
scenic qualities, or
visible characteristics
(form, line, color,
texture, and proportion)
• Take photos of scenes
• Views and vistas to
natural and cultural
features may be site
amenities with social
as well as economic
value.
Visual Quality
• Residential real
estate puts a
premium on
seclusion and
screening from
off-site locations.
Visual Quality
• Commercial project
requires good
visibility from
adjacent streets,
highways, and
other off-site
locations
(advertising)
 Visual Quality

• A landfill, overhead wires, industrial sites

are elements that degrade a landscape’s
visual quality
Visual Quality

€ Views to historically significant

bldgs., prominent mountains, or
other landmarks are important
site attributes because they
convey a sense of place.
Visual Quality
€Restricting the
heights of bldgs.
In capitol cities
are efforts to
maintain the
visual prominence
of each city’s
capitol bldg.
Noise and Odors
• May vary on a
daily or seasonal
basis

• Significant impact
on the perceptual
quality and
recreational
experiences in
outdoor
environments.
Noise and Odors
• Odors are
problems with
sites near large
industrial or
agricultural
operations.
– Consider the
direction of the
prevailing
breezes
Noise and Odors
• Prolonged noise can
cause permanent
hearing loss, and
can lead to other
human health and
development
problems. (i.e.,
delay in reading
skills and language
acquisition skills in
children)
Noise and Odors
• Hearing protection
is recommended
for anyone
exposed to 85
decibels or higher,
especially if the
exposure is for a
prolonged time.
 List of Maps and Data Requirements and the
Corresponding Sources
Data Requirements Sources
A. Geographical, Administrative/Political
Profile
1. Geographic location of municipality. NAMRIA (National Mapping Resource
Coordinates (longitudinal/latitudinal Information Authority)/ Topo Map
location)
2. Location and significant role in LGU/ Provincial Physical Framework
relation to the province, region, and Plan/ RPFP (other national, local area
country, if any plans)
3. Municipal land area and boundaries

4. Political Subdivisions (Urban-Rural DENR- FMB (Forest Management

Barangays) Bureau) & LMB (Land Management
Bureau)-LGU
5. Alienable and Disposable land DENR (Department of Environment and
Natural Resources)
B. Natural and Physical Characteristics
1. Climatological conditions – type of climate, PAG-ASA (Phil. Atmospheric,
prevailing winds, ave. annual rainfall & mean Geophysical and Astronomical
temp.-tidal patterns (for coastal areas) Services Administration)
2. Topogaphy – topographic relief, elevation, NAMRIA
slope, surface drainage (bodies of water within
the city/municipality)
3. Vegetation/Vegetative cover BSWM (Bureau of Soils and
Water Management) & LGU
4. Soil – type/classification, soil suitability, land
capability (if any)
5. Hydrogeologic Features – groundwater DENR-MGB (Mines and
resources, fault lines, volcanoes, bedrock Geoscience Bureau),
foundation PHIVOLCS
6. Conservation areas
Protected areas (NIPAS and non-NIPAS) both DENR
terrestrial and marine
Ancestral Domains National Commission on
Indigenous People (NICP),
DENR
6. Conservation areas
Prime Agricultural Land (NPAAAD)
Primary Forests and other forest types
Historical, cultural and natural heritage
sites
Wetlands (lakes, rivers, coral reefs,
mangroves, seagrass beds, marshes)
DA
DENR-FMB (Forest Management
Bureau)
NHI (National Historic Institute), NCCA,
DENR
DENR, BFAR (Bureau of Fisheries and
Aquatic Resources), NAPOCOR

Critical watersheds DENR, NIA (National Irrigation

Authority), NAPOCOR, PNOC
Geothermal sites/plants PNOC
Mining, Quarrying areas DENR, MGB, Provincial Government
C. Land Use/Special Interest Areas
Ancestral Domain NICP
Historical and cultural heritage areas NHI/DOT/PTA/NCCA/LGU
World Heritage Sites NHI/NCCA
Location of man-made structures, e.g. LGU
Dams, reservoirs, if any
Data Requirements
Location/extent of mining, quarrying activities
such as sand, gravel, etc.
Previous Land use maps (10-20 yrs. Ago, if
any)
Previous Land use plans, if any
D. Environmental Condition
1. Location/Distribution/condition of fish
sanctuaries, coral reefs, mangroves, seagrass
beds
2. Classification of rivers/bodies of water within
the municipality
3. Quality of rivers, marine waters, etc. (degree
of pollution)
4. Probable source of pollution
5. Geologic/environmental hazards – fault
zones, volcanoes, tsunami prone areas, areas
prone to landslides/subsidence, areas prone to
noise, air pollution, etc.
Sources
LGU
LGU
LGU
DENR, Project Studies, surveys,
interview with the community
DENR, Project Studies, surveys,
interview with the community
DENR, Project Studies, surveys,
interview with the community
DENR, Project Studies, surveys,
interview with the community
PHILVOLCS, DENR-MGB,
interview with community, surveys,
special studies, if any
Data Requirements Sources
6. Conservation areas
Prime Agricultural Land (NPAAAD) DA
Primary Forests and other forest types DENR-FMB
Historical, cultural and natural heritage NHI, NCCA, DENR
sites
Wetlands (lakes, rivers, coral reefs, DENR, BFAR, NAPOCOR
mangroves, seagrass beds, marshes,
etc.)
Critical watersheds DENR, NIA, NAPOCOR, PNOC
Geothermal sites/plants PNOC
Mining, Quarrying areas DENR, MGB, Provincial Government
C. Land Use/Special Interest Areas
Ancestral Domain NICP
Historical and cultural heritage areas NHI/DOT/PTA/NCCA/LGU
World Heritage Sites NHI/NCCA
Location of man-made structures, eg. LGU
Dams, reservoirs, if any
Data Requirements Sources

E. Other Land Related Data

1. On-going and pipeline projects: NGA (i.e., DPWH, etc.) LGU

type, location, area covered

2. Policies covering production, PPFP

protection, infrastructure and
settlement areas as defined in the
Provincial Physical Framework Plan
(PPFP)