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    282 views169 pages

    Makati Revised Zoning Ordinance

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    Kristine Chavez

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    REPUBLIC OF THE PHILIPPINES City GOVERNMENT OF MAKATI URBAN DEVELOPMENT DEPARTMENT (UDD) DATE =: 17 August 2022 FOR: HON. MONIQUE YAZMIN Q. LAGDAMEO Vice Mayor THRU : ATTY. DINDOR. CERVANTES Secretary to the Sangguniang Panlungsod RE; _ Revision of the Makat! Zoning Ordinance (20) for Adoption of City Council ‘We respectfully submit to your office the Revised City Ordinance No. 2012-102 or the New Makati Zoning Ordinance for approval of the Sangguniang Panlungsod. The said document was approved by the Makati City Zoning Review Committee (MCZRC) during its meeting held last August 15, 2022. For your utmost consideration. MERLINA G. PANGANIBAN, Eng, EnP, Department Head Chairperson, MCZRC Sav OF MARAT OPER OF Te SECREIAR OTHE OSEAN ANNO 0S?) AN ORDINANCE REVISING THE NEW ZONING ORDINANCE OF THE CITY OF MAKATI AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH REPUBLIC OF THE PHILIPPINES ‘SANGGUNIANG PANLUNGSOD CITY OF MAKATI By unanimous vote of the Sar (Ordinance was enacted on third and final reading: .guniang Panlungsod members present, the following City CITY ORDINANCE NO, 2022-__ An Ordinance revising the New Zoning Ordinance of the City of Makati and providing for the administration, enforcement and amendment thereof and for the repeal of all ordinances in conflict therewith. WHEREAS, The New Makati Comprehensive Land Use Plan (2013 - 2023) was adopted by ity Ordinance No. 2012-101, which shall be implemented through the enactment of a zoning ordinance. WHEREAS, the Local Goverment Code authorizes local government units to enact zoning ordinances subject to and in accordance with existing laws; WHEREAS, the lockdowns brought about by the Covid-19 pandemic have devastated the country’s economy, more so for the City of Makati which, as the financial and business Capital of the Philippines, thrives on the physical presence of employees, personnel, students, intemational travelers and transient visitors to patronize the different establishments and businesses in the City; WHEREAS, the City of Makati must take a more proactive approach to prop up the local ‘economy and provide new opportunities to those who lost their employment, or closed their businesses due to the pandemic, as well as to improve the quality of living for Makatizens; WHEREAS, there is a need to amend the Zoning Ordinance of the City of Makati that is stil consistent with the goals, objectives and planning under The New Makati Comprehensive Land Use Pian (2013 - 2023), in order to ensure the sustainabilty and resiliency of the City of Makati against any future pandemics or disasters; NOW THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG PANLUNGSOD OF THE CITY OF MAKATI, BY VIRTUE OF THE POWERS VESTED INIT BY LAW, IN SESSION ASSEMBLED, THAT: Article | TLE SECTION 1. Title of the Ordinance. This Ordinance shall be known as the Revised Zoning Ordinance of the City of Makati and shall be referred to as the “Ordinance” Article IL AUTHORITY AND PURPOSE ‘SECTION 2. Authority. This Ordinance is enacted pursuant to the provisions of the New Local Goverment Code, RA7160 Sections 458 a.2 (7-9) and 447 a.2 (7-9) dated 10 October 1991, “Authorizing the CityiMunicipalty through the Sangguniang Panlunsod/Bayan to adopt Zoning Ordinance subject to the provisions of existing laws,” and in conformity with EO No. 72. SECTION 3. Purposes. This Ordinance is enacted to achieve the following purposes: 1. Guide, control and regulate future growth and development of the City of Makati in accordance with The New Comprehensive Land Use Pian (2013-2023). 2. Protect the character and stability of residential, commercial, institutional, parks and recreational spaces, and other functional areas within the locality and promote the orderly and beneficial development of the same. Promote and support the revitalization of areas with high growth potentials and in most eed of upgrade. 4. Support and ensure the continued growth of Makati as a global business and financial center in a manner that benefits the broadest segment of the population. 5. Promote and protect the health, safety, peace, comfort, convenience and general ‘welfare of inhabitants in the City, 6 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. 7. Mainstream disaster risk reduction and climate change in development process such as policy formulation, land use and urban planning, infrastructure and housing, among others. SECTION 4. General Zoning Principle. This Ordinance is based on the approved ‘The New Makati Comprehensive Land Use Plan (2013-2023) as per City Ordinance No. 2012-101 dated December 10, 2012. Article itl CONSTRUCTION OF LANGUANGE AND DEFINITIONS SECTION 5. Construction and Interpretation of Terms. In construing the provisions of this ‘Ordinance, such provisions shall be considered as the minimum requirements: 1. To promote and protect public health, safety and general welfare; and 2. Te provide a gradual remedy for existing conditions which are detrimental thereto. ‘The words and terms employed in this Ordinance shall be interpreted as follows: 1. Generic terms, such as others, and the lke, etc. shall be construed to mean as Including all specific terms similar to or compatible with those enumerated; ‘The singular includes the plural, subject to density regulations; ‘The present tense includes the future tense; ‘The word "person includes both natural and juridical persons; ‘The word "Iof" Includes the phrase plot or parcel; > 9a ee ‘The term "shall is always mandatory, and 7. 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.” SECTION 6. Definition of Terms. Words and phrases used in this Ordinance are hereby defined as follows: 1. 10. 1. 12. 13, 14, Accessory Use - A use customarily subordinate or incidental to the principal use of the building and located on the same lot with such principal use of the building Advertising Sign - A sign that directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered at a place other than where the business, profession, etc., is located. An off-premise sign. Allowable Land Use - Land use that conforms with the uses allowed in a specific zone. Allowable Maximum Building Footprint (AMBF) - The maximum portion of the lot that ‘may be occupied by the building/structure at grade level after satisfying setback, yard and ‘court requirements. The area of the AMBF is measured from the outermost face of the exterior walls of the proposed building/structure, Apartelle — a budget hotel ‘Apartment - Any Building: () containing independent units regularly rented, leased, let ot hired out to be occupied on a more or less long-term basis, or (i) built and designed to be ‘occupied as the home or residence of three (3) or more families living independently of each other. ‘Arcade - A continuous passageway parallel to and open to the street, open space or building, usually covered by a canopy or permanent roofing. Auditorium, Theater or Performance/Civic Center - Facility and support services ‘needed for stage and film presentations. ‘Auto-Related Shop (Parts, Sales, Repair/Service, Storage) - Shop that specifically sells andlor services motor vehicles and sells motor vehicle parts and accessories. Bank, ATM, Finance, Insurance, Money Exchange Service - Facility for the custody, Joan, exchange or issue of money, forthe extension of creditor for facilitating the extension of funds. ‘Basoment/Basement level - The portion of the bullding/structure below natural finished grade, Block - The combined area of one or more lots forming a street block bounded by more than two streets. Boarding House! Dormitory! Hostel/ Pension House - A Building where boarders, normally students, workers or travelers, are provided with board and lodging, sleeping and eating spaces at common halls and consisting of accommodations for several persons. Building - a three-dimensional physical development erected within a lot or property or ‘any combination of or all its three diferent levels (at grade, below grade, above grade). The term building includes the terms “structure” and “edifice” 16. 16. 17. 18. 19. 20. 24 23, 24. 25. 2. 28, Building Density - The total gross floor area (TGFA) of a building distributed over the total lot area (TLA) of the property on which the building stands, as controlled by @ ‘maximum Floor Area Ratio (FAR). Building Footprint The physical extent of a building outined on the lot or property where it stands, it shall be the basis for the computation of the Ground Floor Total Gross Floor ‘Area (TGFA), Building Height - The vertical distance from the established grade elevation tothe highest ppoint of the coping of a fat roof, to the average height of the highest gable or a pitch or hip roof, or to the top ofthe parapet if roof is provided with a parapet. Building Permit - Official permission issued by the proper city authority for the ‘construction, repair, alteration or addition to a buiding/structure. Business Sign - An accessory sign that directs attention to @ profession, business, ‘commodity, service or entertainment conducted, sold or offered in the same place where the business is located. An identification or on-premise sign. Canopy - A root-ike cover that is temporary or portable in nature and projects from the wall ofa building for the purpose of shielding a doorway or window from the elements and that may be periodically retracted into the face ofthe building, Casing - An enclosing frame around a door or window opening Call sites - The infrastructure and radio equipment associated with a cellular transmitting ‘and receiving station, including land, perimeter and site development, building, tower, ‘antennas and electrical equipment, including all oftheir safety and security features. ‘Cemetery - Property used forthe interring of the dead. ‘Cemetery Zone (CEM) - An area delineated in the Ordinance that is used primarily as burial groundigraveyard with support services such as chapels. Central Business District Zone (CBD) - An area delineated in the Ordinance that is developed intensively and where major business and financial actives take place. Certificate of Non-Conformance - Certificate issued to owners of all legally existing buildings/uses existing prior to the approval of the Zoning Ordinance which do not conform inva zone as per provision of the said Ordinance, ‘Cinema - Facilty used primarily for the public presentation of motion pictures. Clothing and Apparel Manufacturing - An economic activity where one makes, ‘assembles or produces specific classes of clothing and/or apparel for the general public, ‘on a large scale and with the use of medium to heavy machinery. 31, 38, a Clubhouse, Multi-purpose Hall/Room - A facility used for small gatherings and activities such as meetings, parties, etc. Cocktail LoungerDisco/Dance Hall - An establishment where food, drinks and alcoholic beverages are served to its patrons with electronic music accompaniment which may Include singing and dancing. A bar, club or any similar establishment providing the same services or activities is deemed included in this definition. Establishments under this definition is not allowed to provide guest relations officers (GRO) and live band music for its customers. College/University - An institutional facity for tertiary or higher levels of education, ‘Commissary - a medium to large scale faciity that produces, assembles, or prepares ‘food and related products for consumption by the personnel or workers at another (usually large and remote) facility, or for use by a chain of food stores or restaurants, or the lke. Community/Village Association Office - A building used for social, educational, ‘administrative, and cultural activities that may also include the homeowners’ association office. Comprehensive Land Use Plan (CLUP) - A document embodying specific proposals for guiding, regulating growth andlor development. The main components of the Comprehensive Land Use Plan inthis usage are the sectoral studies Le. Demography, Socio-Economic, infrastructure and Uiiies, Local Administration and and Use. The CLUP must also provide plans forthe development and use of the water (municipal waters), air and sub-surface domains of the LGU. The CLUP is implemented and enforced through a zoring ordinance. ‘Computer or Information Technology-Related Industry - An activity associated with or in support of computer or information technology such as but not limited to the development, manufacture, application, sale, lease, disposition, and disposal of computer hardware, software, service, accessories, telecommunication equipment and devices. Conforming Use - A use that s in accordance with the zone classification as provided for in the Ordinance. Convenience Retail Store (in hotels only) — specialty retail primarily intended for the ‘convenience of hotel guests. Convenience/Retall Store/Food StorelCart/Kiosk/Stall/Market (neighborhood scale)- AA pedestrian-oriented commercial shop selling goods and merchandise to its immediate neighborhood. Convent, Seminary and Related Use - A building or piace in which religious education ‘and related activities take place. Convention/Meeting Facility - A building/s or portion thereof designed to accommodate a number of people in assembly. Comer Lot— A {ot or parcel of land abutting upon two or more streets and located at the intersections of the said streets. 47. 49, 51 53, ‘Court —An unoccupied space between the faces of the building lines and a yard or another ‘court, free, open and unobstructed from the ground upward, ‘Covered Walkway - A pedestrian walkway that is roofed, Crematorium - A faciity containing a furnace for creating, Cultural and Educational center - An establishment or other facity for the study and/or Promotion of arts, and social and physical sciences, DanceVoice/MusiciOther Specialty Studio - A faciity that contains specialized ‘equipment and other support services for the study and training of performing arts. Day Care Center - A facity used for childcare, DHSUD — Department of Human Settlements and Urban Development Dominant Land Use - An Allowable Land Use that conforms to the conditions set in this Ordinance as a dominant use of land, Dressmaking and Talloring - A small-scale economic activity where one makes, ‘assembles or produces specific classes of clothing andlor apparel for the general public, ‘on a small scale and with the use of light machinery or manual labor. Duplex Dwelling — One of two joined dwelling units with a common firewall along the ‘common side property line, and yards or courts on the font, one side and rear of each ‘dwelling unit; the firewall shall be of fire-rated construction, without any operable opening, ‘and shall extend 1.0 meter (m) above the adjacent roof surface, in compliance with R.A. No. 9544, the Revised Fire Code of the Philippines (RFCP) of 2008 and its latest IRR, a major referral code (RC) of P.D. No. 1096, the 1977 NBCP. Easement- Open space imposed on any land use/activites sited along waterways, road- right-of-ways, fault lines, cemeteries/memorial parks and utities, and other similar areas, Eave - The projecting lower edge of a roof overhanging the wall ofa building, Elementary School - An educational facility that usually caters to the first six grades of basic education. Embassy - Facility that serves as office andlor residence of a diplomatic representative. EntertainmentAmusement Center - A commercial facilty having various devices for ‘entertainment, booths for food and drink and other support facilities, Environmentally Critical Areas - Areas that are environmentally sensitive and are listed in Presidential Proclamation 2146 dated December 14, 1981, Established Grade Elevation - The point of reference on the highest adjoining natural ‘grade (ground surface), as established by the proper government authority. 61. @ In case of sloping grade where the edges of the building footprint running perpendicular to the RROW has a difference in elevation of less than 3.00 meters, the highest adjoining natural grade (ground surface) or finished grade (sidewalk surface) shall be considered the established grade elevation. b. In case of sloping grade where the edges of the building footprint running perpencicular to the RROW has a difference in elevation of more than 3,00 meters, the average grade level of the building footprint shall be considered the established grade elevation. Exception — An authorization which grants a property owner relief from certain provisions ‘of the Ordinance because the specific use would result in a particular hardship upon the ‘owner, as distinguished from a mere inconvenience or a desire to make more money. Fire/Security Station - An institutional facilty that functions as a dispatch for fre and police protection services. Firewall -A reinforced masonry or reinforced conerete separator with the appropriate fire- resistive rating and which shall be positioned between dwelling units or between builldings/structures to maintain the fire integrity of each building/structure. Firewalls, Particularly those erected above or along property lines, shail have absolutely no operable openings, except fr fire-rated glass blocks that permit the entry of translucent natural light land except for permitted 2.0 m deep light and vent wells. Firewalls shall extend above the adjacent roof from 400 milimeters (for pre-existing buildings) to 1000 millimeters (for new buildings or renovation projects, as prescribed under the latest/applicable IRR of R.A. No. 9514, the RFCP of 2008). As firewals represent the maximum utilization of property, no device or structure projecting outward from the firewall e.g. non-mobile billboard (NMB) and their illumination devices, shall be attached to it as the same constitutes a violation of property rights (specifically air rights ulization) of the adjacent property. The only types of NMBs permitted on firewalls are painter and sticker-type display. Floor Area Ratio (FAR) - The ratio between the gross floor area (GFA) of a building and ‘the total lot area (TLA) of the lot on which it stands, determined by dividing the GFA of the building and the TLA ofthe let. The GFA of any building should not exceed the prescribed FAR muitiplied by the TLA. FAR= FATLA. Food Manufacturing - An economic activity where one makes, assembles, or produces specific classes of food products for the general public on a large scale and with the use of industrial machinery Funeral/Memorial Services - Private non-denominational funeral chapels and other facilities for the purpose of spiritual medication and vigil before the burial of deceased persons. This excludes embalming service. Furniture Shop - A facilty for the manufacture, assembly, repair andlor service of furniture. Gaming Activity - Legal gambling practices or involvement. 7 73, 74, 75. 76. 7. 78, Gaming Facility - Facility or portion thereof used for games of chance which are ‘conducted in a properly regulated environment, and may include bingo hall, commercial casino, lotiery station, slot machines, video games, etc. General institutional/Mixed Use Zone (INS-1) -An area delineated in the Ordinance that is used primarily for government, religious, cultural, educational, medical, civic, residential ‘a8 well as supporting commercial activities and services, not including military base/camp fait. General Park Zone (REC~1) - An area delineated in the Ordinance that is used primarily for parkiplayground use with open spaces and customary park structures such as ‘gazebos, clubhouse and sports feld/court. General Service or Repair - Commercial repair, maintenance, and services including those dealing with household appliances, electronics, furniture, home repair, sign/bilboard and art services, transport and storage. General/Specialized Hospital/Medical Center - A facility used for diagnosis and treatment of human ailment. Government Center Zone (GZ) — An area delineated in the Ordinance that is used primarily for local government activities, with supporting mixed use activities. Government Facility - Offices and other support service facilities of the government. Gravel/Sand Dealer — A facility where gravel and/or sand used for construction and other similar purposes are stored and sold. Gross Floor Area (GFA) - The GFA of a building is the total floor space within the perimeter of the permanent extemal building walls, Occupied by: office areas; residential areas; corridors; lobbies; mezzanine; vertical penetrations, which shall mean stairs, fire escapes, elevator shafts, flues, pipe shafts, Vertical ducts, and the lke, and their enclosing walls; rest rooms or tollets; machine rooms and closets; covered balconies and terraces; interior walls and columns, and other interior features; But excluding: covered areas used for parking and driveways, including vertical penetrations in parking floors where no residential or office units are present; uncovered areas for AC cooling towers, overhead water tanks, roof decks laundry areas and cages, wading or swimming pools, whiripools or jacuzzis, gardens, courts or plazas. Hardware - A commercial establishment that sells construction materials. Health ConteriClinic - A facilty intended primar for the treatment of outpatients. Clinic incudes a pet cinic. Health ClublGym - A faciity having various exercise and fitness devices and support facities such as locker rooms, food and snack bar, showers and offices. High Density Commercial/Mixed-Use Zone (C-3) - An area delineated in the Ordinance at. 85, a7. 91 that has a variety of land uses/activities including commercial activities that are metropolitan or regional in scope and where market activities generate trafic and require Utlties and services that extend beyond local boundaries. High Density Residential/Mixed Use Zone (R-3) - An area delineated in the Ordinance that is used primarily for high density dweling with support uses. The allowable number of dwelling units per 10,000 eq, meters is 68 and above. High School - An institutional facility for the secondary level of education including senior high school. Historical Building, Structure or Landmark - A structure or place of outstanding historical and cultural significance and designated as such by national or local government. Historic Preservation Development - The protection, rehabilitation and restoration of disticts, buildings, structures and artifacts significant in history, architecture, archaeology or culture, Home Office - Occupation conducted within a dwelling and not in any accessory building provided no person who is not a resident in the premises is employed, no mechanical equipment is used, except such as permissible for purely domestic or household purposes ‘and not requiring internal or extemal alteration or involve construction features or Use of equipment not customary in dwellings. Hotel - A building or part thereof with rooms occupied or intended to be occupied for hire {8 temporary aboding piace of individuals with a general kiichen and public dining room service, but no provisions for cooking in any individual suite or room. Inside Lot - A lot fronting one street or public alley with remaining sides bounded by lot lines. Institutional Recreation Zone (REC-2)- An area delineated in the Ordinance that is used primarily for indoor and outdoor recreation with substantial open areas including support facilities. Intermodal - A faciity where two or more modes of transit interface under different ‘operators. e.g. land (road ~ car or bus and/or shuttle or truck or container van and {reight/commuterfexpress ral) inland waterway and air (rotary wing aircraft). Junk Shop - A facility used for the storage and sale of automotive, machine, metal, and Wood products and parts. Land Use - A manner by which land is occupied or utilized. Leaming Center -A physical space to house leaming resources and facies of a learning program for out-o-school youth and adults. Its avenue for face-to-face learning activites and other fearing opportunites for community development and improvement of the people's quality of life. The term may also refer to a “community learning center" authorized or recognized by the Depariment of Education, 10 92, Library - A facility intended primarily for the repository, exhibit and lending of literature and other documentary materials, 93. _Liquified Petroleum Gas (LPG) Dealer - A commercial operation involving LPG products ‘ot intended for retail transactions. 94. Locational Clearance - A clearance issued to a project that is allowed under the provisions ofthis Ordinance as well as other standards, rules and regulations on land use. 95. Lot - A parcel of land on which a principal building and its accessories are or may be placed. 96. Low Density Commerciallilixed Use Zone (C-1) - An area delineated in the Ordinance that is used primarily for trade, services and business activities at a neighborhood scale. 97. Low Density Residential Zone (R-1) - An area delineated in the Ordinance that is used primarily for low density housing, The number of dwelling units per 10,000 eq, meters should not be more than 20. 98. LPG Retailer - A commercial operation involving LPG products intended for retail transactions (e.g. for general residential and ight commercial uses only). 99, Lumber Yard - A facility where wood products used for construction and other uses are stored and sold, 100. MachineWelding/Metal Shop - A facilty intended for the assembly, fabrication, repair andlor service of machinery and other metal products and components. 101. Makati City Zoning Board of Adjustments and Appeals (MCZBAA) - A sub-committee of the Makati City Development Council that grants or denies applications for variances, exceptions, issuance of Certificate of Non-Conformance as well as act on complaints and ‘opposition to applications. 102. Makati City Zoning Review Committee (MCZRC) - A sub-committee of the Makati City Development Council that reviews the Ordinance as the need arises. 103, Manufacturing - an economic activity where one makes, assembles, or produces goods on a large scale withthe use of machinery 104, Materials Recovery Facility (MRF) — A facilty designed to receive, sort, process, and store compostable and recyclable materials efficiently and in an environmentally sound ‘manner as prescribed in R.A. 9003, otherwise known as the Ecological Solid Waste ‘Management Act of 2000, 105. Mausoleum - A sepulchral chapel located within a Cemetery Zone that contains tombs. 105. Maximum Allowable Construction Area (MACA) - if expressed as a percentage of the Total Lot Area (TLA) is the sum of the Percentage of Site Occupancy (PSO, expressed as ‘a percentage) plus the Impervious Surface Area (ISA). The MACA represents the ‘constructed area of the building and its surrounding grounds, both of which prevent " 107. 108. 109. 110. 111. 112. 113, 114, 118. 118. 117. 118, surface water absorption/collection. The MACA is alternatively expressed as the sum of the Allowable Maximum Building Footprint (AMBF) expressed in square meters plus the ISA, which can also be expressed in square meters. ‘Maximum Building Height (MBH) - The term shall be synonymous with Building Height Limit (BHL) as used in the National Building Code of the Philippines (NBCP). Maximum Lot Coverage (MLO) - The maximum portion of a lot which, when viewed directly from above, is allowed to be occupied by a building or any portion of a building, ‘This specifically refers to the upward projection of setbacks at grade level prescribed under the NBCP (to maximize natural ight and ventlaton for lots and buildings within such lots), andlor to the upward projection of easements at/above grade level prescribed under R.A, No. 386, the 1849 New Civil Code of the Philippines (NCCP, specifically Article 670), to guarantee security and privacy, and to the upward projection of duly-designated rights-of- way (ROWs) within lots for inter-lot access. This MLO definition specifically affects {forms of air rights usage within all lots in the City Mechanical Lift Parking Space ~ A rigid steel structure for ight vehicle parking under which another vehicle can be parked after loading the structure and raising it with a hydraulic or motor-driven mechanical system. Medical Center - An institutional facility providing primary health services and medical or ‘surgical care to persons, primarily inpatients and including, @s an intagral part of the faclity, laboratories, outpatient facities, training facilities, medical offices and staff residences. Medium Density CommercialMixed Use Zone (C-2) - An area delineated in the Zoning Ordinance that is used primarily for trade, business and service industries at a local scal Medium Density Residential/Mixed-Use Zone (R-2) - An area delineated in the Zoning Ordinance that is used primarily for medium density housing and supporting activities. Military Base/Camp/Resorvation - An institutional facility reserved for use of the armed forces, Military Institutional/Mixed-Use Zono (INS-2) - An area delineated in the Zoning Ordinance that is used primarily for government, religious, cultural, educational, medical, civic, residential and military base/campireservation activites. Mitigating Device - A means to orant relief in complying with certain provisions of the Ordinance. ‘Multi-Family Dwelling - A building used as a home or residence of two or more families living independently from one another each occupying one or more rooms as a single housekeeping unit. Multimodal - a facility where 2 or more modes of transit interface under one (1) operator g. land (road — car or bus andior shuttle or truck or container van and freight/commuter/express rail), inland waterway and air (rotary wing aircraft) MusoumvExhibit Area/Art Gallery - A facity intended primarily for the exhibit, repository 2 119, 120. 121 122, 123. 124, 125. 128. 127. 128. 129, 130. ‘andlor sale of artworks and other items for public appreciation and information. National Building Code of the Philippines (NBCP of 1977, otherwise known as P.D. NO. 1096) — the primary national development control (DC) in the Philippines insofar as buildings and vertical structures are concemed. When the term NBCP is used (to refer to a system of DCs), it shail also refer to its stream of regulations (SOR), not limited to its latest implementing and additional rules and regulations (IRR), ils guidelines and standards, its referral code sub-system (RCS), its derivative regulations sub-system (ORS, not limited to executive issuances such as Department Orders and Memorandum Giroulars, and the lke), its technical reference sub-system (TRS), and its suppletory regulations sub-system (SRS, comprised of applicable provisions or regulations not found inthe NBCP), Non-Conforming Use - Existing non-conforming uses/establishments in an area allowed ‘to operate despite non-conformity to the provisions of the Ordinance subject to the conditions stipulated in this Ordinance. Nursing/Convalescent Home - An institutional facility used for treating chronic and usually long-term illnesses. Office - A room or group of rooms used for conducting the affairs of business, profession, or service. Office Support Service - Service complimentary to the conduct of business, trade, and profession such as photo(photocopying, printing, postal/delivery, vehicle rental,’ and telecom services. Official Zoning Map - A duly authenticated map delineating the different zones in which the whole city is divided. ‘One-Stop Payment Center - A small-scale commercial establishment that offers a ‘multitude of services relating to financial transactions such as payment of utlty bills, ‘money transfer, courier service, etc. for the convenient use of its immediate neighborhood ‘but not involving any sale of merchandise, goods or commodities, t includes automated ‘machines that may be deployed by banks or other financial institutions or those authorized (or designated by banks or other financial institutions. Online Shopping or Online Retailing — A form of electronic commerce whereby ‘consumers directly buy goods or services from a seller over the intemet. (Open Lot - A lot bounded on all sides by street lines. ‘Open Space (OPN) - An area delineated in this Ordinance used as open space for parks and playgrounds. It includes, but is not limited to, courts, yards, waterway easements as well as high disaster-risk areas. (Off-RROW (or Off-Street) Parking - Parking slots and ancillary spaces that ae allocated outside the RROW%street and inside a public or private property. Off-Site Parking - Parking slots and ancillary spaces that are all located outside the RROWistreet and to be provided only within the property lines/imits of a separate site or 18 131 132, 133. 134, 135. 196, 137. 138, 139, 140, 141, lot on which a project is not located. Off-site parking may be below-grade (basement evel), fat grade (ground level) or above-grade (elevated/upper floor levels) of, builldings/structures, (On-RROW (or On-Street) Parking - Parking slots and ancillary spaces that are all located within the RROW/Street (whether public or private), which are temporary in nature, for limited daytime or night ime use, and which are to be strictly regulated under the zoning ordinance (ZO) or under a future special ordinance (SO). On-site parking shal only be at grade level. On-Site Parking - Parking slots and ancilary spaces that are all located outside the RROW/Street and to be provided only within the property lines/imits of a site or lot on which a building/ structure is to be constructed. On-site parking may be below-grade, at ‘grade or above-grade, Overlay Zone - A zone described by the Official Zoning Map within which, through imposition of special designation, additional regulations and requirements apply in ‘addition to those of the zone to which such designation is added, Park - A type of open space or any open piace of land that is undeveloped (and that has ‘no buildings or other uit structures, even if the same are for Social interaction) accessible to the public for outdoor active and passive recreation. A Park is also a type of ‘green space (land that is parlly or completely covered with grass, trees, shrubs, or other ‘vegetatior). A Park must satisfy the minimum prescriptions under valid and subsisting national laws such as P.D. No. 1216 and related laws. Playground, Sports Field/Court or Garden — A tract of land used primarily for outdoor active and passive recreation Parking Area - Parking slots together with their ancillary spaces (such as driveways ‘connecting such parking slots, ramps, access systems, etc.) for the use of vehicles ofall types (private and public). Parking Structure - A mult-level building or structure, that is located off-street (and sited ‘on a public or private lot) and which provides secure parking spaces for a fee. Parking Space - An off-street space available for the parking of one motor vehicle and having an area of not less than twelve-point five square meters (12.5 sqm), exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley. Pawnshop - A faciity where money is loaned for the security of a personal property Pledged inthe pawnbrokers keeping Pedestrian Underpass - An underground pedestrian walkway. Percentage of Site Occupancy (PSO) - A quantity related to the Allowable Maximum Building Footprint (AMBF) and the Total Lot Area (TLA) via the equation ‘PSO equals AMBF divided by TLA’. The PSO is expressed as the percentage (%) of the maximum allowable enclosed floor area of any building/structure at the ground floor/ grade level in relation to the TLA. “ 142. Personal Service/Repair Shop — A facility used primarily for providing services involving the care of @ person or his or her personal goods or apparel such as barber/beauty shop, tailoring’ dressmaking shop, shoe/bagiwatch repair, engraving/locksmithing, laundry/dry ‘leaning, photo/portrait services. 143. Pet Clinic — A facility concemed or connected with the inpatient or outpationt medical or surgical treatment and services of animals, especialy domestic animals, 144. Pet Shop - A shop that sells domestic animals and products for feeding and caring for them. 145. Petrol Filling Kiosk — A place where gasoline or any other vehicular motor fuel is dispensed and offered for sale to the public. 148. Petrol Filling/Service Station - A place where gasoline or any other motor fuel, lubricating oll or grease for operation of automobile is offered for sale to the public, and where automobile repair, washing, and other maintenance activities are conducted, 147. Place of Religious Worship ~ An instituional faciity that is designed and particularly ‘adapted for the primary use of conducting on a regular basis formal religious services by religious congregation. 148. Planned Unit Development (PUD) - An area planned, developed, operated and maintained as a single entty and containing one or more principal land uses. 149, Playground, Sports Field/Court or Garden — A tract of land used primarily for outdoor active and passive recreation. 150. PNR - Philippine National Ralways. 151. Pocket Park - (also known as minipark) is an urban open space at a very small scale, usually only one or a few house lots in size or smaller, or sited on small, regular pieces ‘of land and sometimes even on parking slots, and made accessible to the general public. ‘A pocket park can be scattered throughout the urban fabric where they serve the local population 152, Porte Cochere - A passageway through a building or screened wall designed to let Vehicles pass from the street to an interior courtyard, 153. Pre-SchoolKindergarten School - Facility used for pre-elementary educational purposes. 154. Principal Use - A specific land use/faclty allowed In a zoneflot that serves as the dominant use in the zone/lot as defined in this Ordinance. 155. Public Bulldings/Structures — Permanent edifices owned by the goverment, whether national or local, its agencies, including government-owned andlor controlled corporations. 156. Public Utility Facility - Buildings, structures, or facilities, including generating and 18 ‘switching stations, poles, ines, pipes, pumping stations, repeaters, antennas, transmitters and receivers, valves, Material Recovery Faciity (MRF), and all buildings and structures relating to the furnishing of utity services to the general public euch as electricty, gas, telecommunications, water, wastewater! sewer, solid waste management and public transportation. 157. RadiofTelevision Station - A faciity engaged in transmitting oral and visual programs to the public and that consists of, among others, a studio, transmitter and antennas, 158. _Recipiont Lot - In the context of the Transfer of Development Rights, a parcel of land that 's the recipient of unutiized GFA of a Source Lot subject to conditions in this Ordinance, 159. Redevelopment - The physical development (consisting mainly of renovation, rehabilitation, retrofit, upgrading and the ike as well as expansion andlor new construction ‘work) within a lot or property that is under-utlized, unfi/unsafe for habitation/use or within other lots/properties that are similarly situated. 160. Renovation - Any physical change made on buildings/structures fo increase the value, Quality, and/or to improve the aesthetic. 161. Residential Inn/Condominium/Condotel - A building containing dwelling units intended ‘to be occupied forhire as temporary abode for incividuals or families or used for residential purposes by their owner-occupants, excluding a hotel. 162. Restaurant, Canteen or Other Food-Serving Establishment - Facility where food and drink are prepared, served and consumed primarily within the principal building. 163. Retail Store - A commercial establishment used for the sale of merchandise, goods, or ‘commodities to customers for their use or consumption. 164. Rezoning - A process of introducing amendments to or a change in the text and maps of the Ordinance, 165. Riverside Development Zone (RDZ) - An area delineated in this Ordinance used primarily as an cutdoor perk/recreational place with related actives as well as supporting Commercial, cultural, entertainment and tourist-oriented development, 166. Riverside Development Zone Masterplan - Document that describes in deta the extent and features of the Riverside Development Zone. 167. Road Right-of-Way (RROW) or Access Street or Street - A kind of public open space for the continuous flow of pedestrian and vehicular trafic that must be free of al forms of prohibited physical obstructions. The RROW is the area lying between two (2) or more Parallel properties and its width is horizontally measured from opposite property lines. 168. Roadway (or Carriageway) - The portion or component of the RROW on which motor vehicles are allowed to pass and on which vehicles may also be allowed to park in case (of on-RROW (on-street) or on-roadway parking. 169. Roof Sign - A sign installed on roofs, roof decks or eaves, 16 170. 1m. 172. 173, 174, 175. 176. 177. 178, 179, 180. ‘Senior High School - is a secondary school that students attend in the last 2 highest ‘grades before college. A high schoo! where someone is in the 11th and 12th grades. Serviced Apartment (or Extended Stay Apartment) - a fully fumished apartment available for short-term or long-term stay, providing amenities such as room service, housekeeping, a fitness center, a laundry room, and the like, with a provision for cooking ‘and usually operated and managed by one entity. Service Entrances - Ingress and egress of buildings primarily for the delivery and coolection of equipment, food and garbage. ‘Setback - The horizontal distance measured ninety (90) degrees from the outermost face of the bullding/structure to the property lines. Shopping Center - A group of commercial establishments planned, constructed and ‘managed as a total entity; a shopping mall. ShowroonwDisplay - A portion of a building or building where items are exhibited for Viewing and inspection only. ‘Sidewalk - The portion, on each side of the RROW reserved for the exclusive use of pedestrians and the disabled who are in transit ‘Single-Attached Family Dwelling - A dwelling unit with a dedicated firewall along one Side property line and yards or courts on the front, side and rear of the dwelling unit; the firewall shall be of fre-rated construction, with fixed, fre-rated glass blocks as the only Permitted natural light but non-operable opening, and shall extend 1.0 meter (mm) above the adjacent roof surface, in full compliance with R.A. No. 9514, the Revised Fire Code of Philippines/RFCP of 2008 and its latesVepplicable IRR, a major referral code (RC) of P.D. No. 1096, the 1977 NBCP. Single-Detached Family Dwelling - house accommodating a single family and having a front yard, two side yards and a rear yard (and wilh abeoltely no frewall long any of ts property lines). ‘Small-Scale Home industry - An economic activity of a scale and type that is carried on primarily in homes and consistent with the residential environment of its neighborhood. A business whose primary office is in the owner's home. It shall include business-to- ‘consumer e-commerce based businesses that sell through online shopping or online retailing goods and services to final consumers. The permitted businesses must not: () create a nuisance of any form, (i) be pollutve that reaches industrial level or to such extent that is beyond the sanitation capacity of the residential area, and (ii) excessively draw upon the resources, spaces and utilities supplied to the host neighborhood. Source lot - In the context of Transfer of Development Rights, a parcel of land that is the source of unutlized GFA transferred to a Recipient Lot subject to conditions in this Ordinance. Specialty SchooV/Training Facility - Facility used primarily for specialized training or ‘education such as computer schools, professional business school, etc. ” 162. Sports Club Recreation Zone (REC-3) - An area delineated in this Ordinance used primarily for recreational activities within a dedicated facity including all support services. 183. Sports/Recreation Facility - A facility designed and equipped for the conduct of sports ‘and leisure activities, 184. Sports Stadium - A large open or enciosed place used for games and major events and partly or completely surrounded by spectator seats. 185. Sporting Goods/Souvenir Shop - A commercial facility selling sports equipment and/or other specialty sports/recreational goods, accessories and souvenir items. 188. Storey - Portion of a building/structure included between the uppermost surface (or finish level) of any floor and the uppermost surface (or finish level) of the next floor above or below it. if the uppermost surface (or finish level) of a floor/level above the uppermost surface (or finish level) of a basement, cellar or unused under-floor space is more than 3.6 ‘meters above established grade as defined herein at any point, such basement, cellar or unused under-floor space shall be considered a storey. 167. Structure - That which is built or constructed, an edifice or building of any kind, or any piece of work artificially buitt up or composed of parts joined together in some definite ‘manner. 188. Supermarket ~ A self-service shop offering a wide variety of food, beverages and household products, organized into sections, 189. Telecommunications Facility - Building, structure or facilities, including repeaters, antennas, transmitters and receivers, stations, towers, and all buildings and structures relating to the fumishing of communications-related services to the public euch as brosdcasttransmission facilities (wired and wireless), studios, media centers, and the lke, 190. Terminal - Passenger and freight loading/unicading spaces and ancillary spaces (such as parking slots, waiting areas, driveways connecting such spaces, access systems, etc.) ‘for use by public motor vehicles. tis also defined as an area or location which serves as aa pathway for handling transport process (loading and/or unloading people and/or cargo) ori can also act as a transfer point for passengers. 191. Off-Street (or Off-RROW) Terminal - A terminal located outside the RROWistreet and inside a public or private lot 192. On-Street (or On-RROW) Torminal — A terminal that may stil be located within the ROW shoulder provided that such spaces shall not occupy paved sidewalk/arcade areas intended solely for use by pedestrians or by the disabled in transit. 193. Through Lot - A lot that fronts upon two paralel streets or that fronts upon two streets that do not intersect at the boundaries ofthe fot. 194. Total Lot Area (TLA) - The total surface area of a lot on which proposed building/ structure isto be erected. If the proposed building or structure is erected on two or more lots, the TLA shall be equal to the surface area of such number of lots. The TLA is ‘expressed in square meters. 8 195, Tower - The fully enclosed component of the building/structure situated between the podium component and the roof of the buiding/structure. The tower shall not be higher ‘than five (5) times the height of the podium. 196. Transfer of Development Rights - The transfer ofthe right to develop or build, expressed in FAR, from one area to another where such transfer is permitted. 197. Transit Oriented Development (TOD) - a type of urban development that maximizes the ‘amount of residential, business and leisure space within walking distance of public transport. It promotes a symbiotic relationship between dense, compact urban form and public transport use. In doing s0, TOD aims to increase public transport ridership by reducing the use of private cars and by promoting sustainable urban growth. A TOD ‘typically includes a central transit stop (such as a train station, or light rail or bus stop) surrounded by a high-density mixed-use area, with lower-density areas spreading out from this center. A TOD is also typically designed to be more walkable than other built-up areas, through using smaller block sizes and reducing the land area dedicated to automobiles, ‘Terminals or intermodals or multi-modals can become key and integral high-performing parts of TODs. 198. Transit Station/Terminal - Facilty used primarily for the loading, unloading and ‘commuter handling as well as support services incidental to public transportation systems. 199. Travel Agency ~ A commercial operation primarily dealing with travel arrangements, visa assistance, immigration consultancy and the processing of travel documents. 200. Tutorial Services - A tutorial service is a teaching session given to one student or to a ‘small group of students, in which the tutor instructs and helps the whole group with understanding a topic or a subject of basic study. 201. Utility Installation - An area where equipment and other facities used to provide water, power, sewerage, drainage, telecommunications, and other similar services are located. 202. Utility Zone (UTL) - An area delineated in this Ordinance used primarily for utities, including all types of pipelines, telephone and electric cables, and towers. 203. Variance - special locational clearance which grants a property owner relief from certain provisions ofthis Ordinance where, because ofthe particular physical surrounding, shape ‘or topographical conditions of the’ property, compliance on height, area, setback, bulk ~and/or density would result in a particular hardship upon the owner, as distinguished from ‘mere inconvenience ora desire to make more money. 204. Warehouse/Storage Facility - Storage and/or depository of those in business of performing warehouse services for others, for prof. 205. Welfare/Charitable Institution/Rehabilitation Center - A Makati Social Wetfare and Development Office (MSWD)-accredited facity that provides essential goods or services, ‘such as food, housing, clothing, counseling aid, or assistance to those in need, for no fee. ‘or compensation or at a fee recognized as being significantly less than that charged by profit-making organizations. 6 210. ait 212. Wellness Center — A commercial establishment that has a holistic approach to health and wellness, rest and relaxation that aims to treat the body, mind and spirit by integrating a range of professionally administered heaith, wellness, fitness and beauty, water treatment ‘and services being operated in accordance with the Department of Tourism revised rules ‘and regulations stated in EO No. 120. West Valley Fault - An active fault line as identified by the Philippine Institute of \Voleanology (PHILVOLCS). WetiDry Market - Facilty (usually semi-enclosed) selling fresh produce, meat and poulty ‘well as basic household wares. Wholesale Store/Distributor- Facilities or places of business primarily engaged in selling ‘merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, ‘or seling merchandise to, such individuals or companies, Yard - The vacant space left between the outermost face of the building/structure and the property lines, e.g., front, rear, right and left side yards. Zone - A specifically delineated area or district in the city within which uniform reguiations ‘and requirements govern the use, placement, spacing and size of land and buildings. Zone Boundaries - The extents of a zone defined by streets, structures, easements, other ‘zones/ots, topographical features, etc. Article IV ZONE CLASSIFICATIONS AND BOUNDARIES SECTION 7. Division into Zones and Subzones. To effectively camry 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: Low Density Residential Zone (R-1) b. Medium Density ResidentialMixed-Use Zone (R-2) ©. High Density ResidentialMixed-Use Zones (R-3, composed of R-3A, R-3B and R-3C subzones) Recreational Open Space for a Residential Area (ROSRA) ‘Commercial Zones: a. Low Density Commercial/Mixed-Use Zone (C-1, composed of C- 1A and C-1B ‘subzones) Medium Density CommercialMixed-Use Zone (C-2, composed of C2A and C- 2B subzones) 20 High Density CommercialMixed-Use Zone (C-3, composed of C-3A, C-3B, C-3C, and C-3D subzones) Central Business District Zone (C-4, composed of C-4A, C-4B, C-4C, C-4D, C- 4E, C-4F, C-4G, C-4H, C-4l, C-AJ and C-4K subzones) 4. Special Development Zones Planned Unit Development Zone (PUD) Special Mixed-Use Zone (SMU) ‘Special Precincts for Urban Redevelopment (SPUR) Zone Disaster Resiliency Initiative for Vulnerable Enciaves (DRIVE) Zone Heritage Preservation Zone (HPZ) Riverside Development Zone (RDZ) Government Center Zone (GCZ) 5. Other Zones: c 4. Institutional Zone (INS) Recreational Zones: i. General Park Zone (REC-1) ii, Institutional Recreational Zone (REC-2) i Sports Club Recreational Zone (REC-3) Open Space (OPN) Utility Zone (UTL) Cemetery Zone (CEM) SECTION 8. Official Zoning Map. The Official Zoning Map for Makati City is hereby adopted ‘a3 an integral part of this Ordinance, wherein the designation, location, and boundaries of the zones and subzones herein established are shown and indicated. Such Official Zoning Map shall be signed by the City Mayor and duly authenticated by the DHSUD/Sangguniang Paniungsod. The Official Zoning Map has seven (7) components: 1. The New Makati City Zoning Map 2. The New Makati City Recreational Open Space for a Residential Area (ROSRA) Map 2 3. The New Makati City Residential Subzones Map ‘The New Makati City Commercial Subzones Map ‘The New Makati City Special Development Zones Map aoe ‘The New Makati City Institutional, Recreational, Open Space, Cemetery, Utility Zones/Subzones Map 7. The New Makati City Overlay Map for Special Development Zones SECTION 9. Zone Boundaries. The location and boundaries of the above-mentioned zones are hereby defined in the list of Zone Boundaries, which is herewith attached as Annex B and made an integral part of this Ordinance, SECTION 10. Interpretation of Zone Boundaries. In the interpretation of the boundaries of ‘any of the zones indicated on the Zoning Map, the following rules shall apply: 1. Unless otherwise stated in this Ordinance and/or in the Official Zoning Map, zone boundaries follow lot boundaries, 2 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. 3. Where zone boundaries are so indicated that they are approximately parallel to the Centerlines or right-of-way lines, such boundaries shall be construed as being parallel thereto and at such distance there from as. indicated in the Offical Zoning Map. If no

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