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REGULATORY

FACTORS

From Previous 3A Reports


Checked By: Arch. Dianne Lim So
ZONING CODES
-City-wide regulations on land use; size, height, location and use of
buildings and structures; and parking and loading spaces.

BUILDING CODE
oriented toward ensuring that structures are constructed to an appropriate
standard and are safe for the uses intended.

DIFFERENCE BETWEEN A ZONING PERMIT AND A BUILDING


PERMIT?
- Zoning permit is generally the first step in the development process
followed by applying for and receiving a building a Building permit.
A.PERMITTED USES

1. By variance
2. By special use permits
3. Accessory structures
1. BY VARIANCE
- a mechanism to obtain relief from the strict application of zoning
ordinance requirements. Building height, building setbacks & yard
requirements.
- Variances are appropriate in situations where strict conformance
would result in unusual practical difficulties or undue hardship.

2. BY SPECIAL USE PERMITS


- uses which could be provided as conditional uses rather than as
special exceptions, are often those uses that could have a direct effect
upon the lives of all persons within the community.
3. ACCESSORY STRUCTURE
- a building subordinate to the main building on the
same lot can be used for purposes customarily incidental to
those of the main building such as servants’ quarters,
garage, pump house, laundry, etc.
B. MAXIMUM SITE AREA REQUIREMENTS
- Example based from Philippine Standards
C.BUILDING HEIGHT LIMITS
1) LOW-RISE (from 1 - 5 storeys i.e. 4.0 m to 16.0 m, inclusive of an average 1.0 m provision for
parapet wall or roof apex; excludes maximum allowance for a 6.0 m tall antenna/ steel tower on
top of the structure (only where allowed by the Civil Aviation Authority of the Ph/ CAAP);
2) MEDIUM-RISE (from 6 - 15 storeys i.e. 19.0 m to 46.0 m, inclusive of an average 1.0 m provision
for parapet wall or roof apex; excludes maximum allowance for a 6.0 m tall antenna/ steel tower
on top of the structure (only where allowed by the Civil Aviation Authority of the Ph/ CAAP);
3) HIGH-RISE (from 16 - 60 storeys i.e. 49.0 m to 181.0 m, inclusive of an average 1.0 m provision
for parapet wall or roof apex; excludes maximum allowance for a 6.0 m tall antenna/ steel tower
on top of the structure (only where allowed by the Civil Aviation Authority of the Ph/ CAAP); and
4) VERY TALL BUILDING (taller than 60 storeys i.e. taller than 181.0 m, inclusive of an average 1.0
m provision for parapet wall or roof apex; excludes maximum allowance for a 6.0 m tall antenna/
steel tower on top of the structure (only where allowed by the Civil Aviation Authority of the Ph/
CAAP).
D.YARD (SETBACK) REQUIREMENTS
1.Minimum easement of two meters (2.0 m) from the property line for the reason of privacy i.e. 2.0 m
between the eye and the property line such that a total distance of 4.0 m separates the eyes of
neighbors.
2.The minimum easement of two meters (2.0 m) from the property line to the outermost face of the
building, for the reason of natural light and ventilation.
3.Indicate the perpendicular (to the property line) and horizontal distance between the outermost
face of the building and the property line.
4.Some usable definitions appearing in the Annex “A” of P.D. No. 1096 are as follows:
 COURT - An occupied space between building lines and lot lines other than a yard; free, open, and unobstructed by appendages
from the ground upward.
 LINE, BUILDING - The line formed by the intersection of the outer surface of the enclosing wall of the building and the surface of
the ground.
 LOT - A parcel of land on which a principal building and its accessories are placed or may be placed together with the required
open spaces. A lot may or may not be the land designated as lot or recorded plot.
 LOT LINE - The line of demarcation between either public or private property.
 YARD OR PATIO - The vacant space left in a lot between the building and the property line.
 YARD, REAR - The yard lying between the side lot lines and the nearest lot line and the nearest building line.
 YARD, SIDE - The yard lying between the side line and the nearest building and between the front and the rear yards.
E. LOT COVERAGE
1. FLOOR AREA RATIO (FAR)
 FAR is the ratio of a building’s total
 floor area (Gross Floor Area) to the size of the piece of land upon which it is built.
 As a formula:
AR= Gross Floor Area of the Building/ Total Area of the Lot

FAR = 3.0
30,000 sq ft. of floor area
Half the site is covered with six floors.
FAR is the amount of floor area that may be built as a ratio to the size of the site.
These three buildings all have the same FAR
but have different shapes and heights.
2.LOT COVERAGE PERCENTAGE

LOT COVERAGE
 The percentage of lot area that is covered by impervious cover.

IMPERVIOUS COVER
 Any structure, surface or improvement that reduces and/or prevents absorption of storm
water into land. Porous paving, paver blocks, grovel, crushed stone, crushed shell,
elevated structure (including boardwalks), and other similar structures, surfaces, or
improvements are considered impervious cover. Grass, lawns or any other vegetation are
not considered impervious cover.
FORMULA:
LOT COVERAGE PERCENTAGE= (TOTAL LOT COVERAGE) / (LOT AREA) X 100
BUILDING COVERAGE
 The percentage of the lot area that is covered by building area, which includes the total
horizontal area when viewed in plan.
3. OPEN SPACE REQUIREMENTS

Physically, Open Space is described as:


 Land not intensively developed for residential, commercial, industrial or institutional
uses.
 Public or privately held land.
 Agricultural lands and forests.
 Undeveloped shorelines and scenic lands.
 Public parks and preserves.
 Water bodies, wetlands, streams, floodplains.
OPEN SPACES CONTAINS ONE OR MORE OF THE FOLLOWINGS:
 RURAL LANDSCAPE
 ECOLOGICAL AND ENVIRONMENTALLY SENSITIVE AREAS
 RECREATION AREAS
 TRAILS

TYPES OF OPEN SPACES


a. UTILITY OPEN SPACES
b. GENERAL OPEN SPACES
c. CORRIDOR OPEN SPACES
d. MULTI USE OPEN SPACE
a. UTILITY OPEN SPACES

 RESOURCE LANDS
-For production and extraction, eg. Forests, grazing areas, lakes and
rivers for water supply
 URBAN UTILITY SPACE
-Dam sites, reservoir, landfills, waste disposal area, treatment
facilities
 FLOOD CONTROL AND DRAINAGE
-Flood plain, flood banks, watershed, drainage ways etc.
 RESERVES AND PRESERVES
-Forest, area for wildlife, lands for future expansion etc.
B. GENERAL OPEN SPACES

 WILDERNESS AREAS
-Scenic and ecological values etc.
 PROTECTED AREAS
-Controlled for development, coastline, and shore areas etc.
 NATURAL PARKS
-National parks, forests, city parks etc.
 URBAN PARKS
-Zoos, botanical garden, urban forest, water bodies, amphitheater etc.
 REACREATIONAL AREAS
-Golf courses, play grounds, swimming pools, picnic area etc.
 URBAN DEVELOPMENT OPEN SPACES
-Green belts, setbacks, and open space around building etc.
C. CORRIDOR OPEN SPACE
-Right of way spaces of highway, streets etc.

D. MULTI USE OPEN SPACE


-Campuses, private clubs with recreation facilities, cemeteries and
garden areas etc.
3.OPEN SPACE REQUIREMENTS

The open space requirements shall be as per Appendix N. However for residential and
commercial zone following provisions shall be observed in addition

a. Building having length / depth up to 40 m - The open spaces on all sides except the
front side of a building shall be of a width not less than one third of the height of that
building 3.00 m. above the ground level, rounded to the nearest decimeter subject to
a maximum of 20 m. the minimum being 3.00 m. for a residential building without any
projection thereon and 4.5 m. for a commercial building.
b. Building with length / depth exceeding 40 m. - If the length or depth of a building
exceeds 40 m. an additional width of 10% of the dimension in excess of 40 m. shall be
required on the side or rear open space as the case may be i.e. perpendicular to longer
dimensions.
c. Building existing on 1st February 1964 and those constructed thereafter (i) in respect
of buildings existing on 1st February 1964, upper floors may be permitted with se-back
at upper level in the case of new development to make up for deficiencies in the open
space as required under these regulations
d. Setback at upper level - The Commissioner may permit smaller set backs at upper levels and
also permit additional floor area up to a limit of 10 sq.m. over the permissible FSI to avoid
structural difficulties or hardship but so as not to affect adversely the light and ventilation of
an adjoining building or part thereof.
e. Tower like structures - Not withstanding any provision to the contrary, a tower-like structure
may be permitted only with 6 m. open space at the ground level and one set back at the upper
levels provided that the total height does not exceed 25 m.
f. Where a room does not device light and ventilation from an exterior open space, the width of
the exterior open space as given in this regulation may be reduced to 3 m. up to a height of 24
m. and 6 m. to a height above 24.0 m.
g. The open spaces for the above purposes would be deemed to be sufficient if their widths are
not less than one-fourth of each dimension of the site of the building and the percentage of the
building area does not exceed 25% of the area of the site, when the least dimension of the site
is not less than that specified in the following table for different floor space indices.
Floor Space Index Least Dimension of site in Metres
1.00 18
2.00 24
h. Building shall be set back at least 3 m. from internal means of access in layout of buildings.
E.OFF-STREET PARKING REQUIREMENTS

➢ Off-street parking is parking on private property. This includes home garages, parking lots,
or underground parcades
➢ intended to accommodate the people visiting or living at the property and to reduce the
parking spillover onto other properties or onto the street.
➢ intended to provide accessible, attractive, secure and well-maintained off-street parking
and loading areas with the appropriate number of spaces in proportion to the needs of the
proposed use, increase public safety by reducing congestion of public streets, and
encourage the use of alternative modes of transportation where appropriate.
G.LANDSCAPING REQUIREMENTS.
Landscaping and required planting areas shall be installed in accordance with the
standards and requirements of this section for all zones. All front and street side setbacks
within all zones, excluding approved walkways and driveways, shall be landscaped.

 Development Regulations.
1. Required planting areas shall be permanently maintained.
2. Existing mature landscaping shall be preserved to the maximum extent possible.
3. Landscape material shall not be located such that at maturity the landscaping
4. All landscaping and trees shall be approved and installed prior to the issuance of a
certificate of occupancy.
5. Trees shall be planted in the parkway or in approved tree wells as required by the
Department of Public Works. Property owners shall maintain trees and landscaping
in parkways.
6. Except in the R-1 and R-2 zones, the total number of trees required shall be as follows:
(i) One (1) tree for every five (5) parking spaces; and
(ii) One (1) tree for every twenty (20) linear feet of street (including street side) frontage.
7. Except in the R-1 and R-2 zones, the size of trees, at time of planting, shall be as required in Table
below
Percentage of Total
Tree Size Requirement
48 inch box
10
36 inch box
10
24 inch box
15
15 gallon
60
Other
5
Total
100

 Landscaping Plan. A landscaping plan showing the location of all turf, plant materials, and
irrigation systems shall be required for all uses that include landscaping projects. Landscaping
plans for projects within the R-1, R-2, and R-3 Zones shall be reviewed by the City Planner.
SUBDIVISION, SITE PLAN, REVIEW, AND
OTHER LOCAL REQUIREMENTS
A. LOT REQUIREMENTS
1. Lot Layout
The following shall be considered when plotting the subdivision project:
a. Preservation of site assets and proper siting orientation of lots; blending with existing and
proposed development in the vicinity
b. Application of workable design principles/parameters for a well planned environment. To
accommodate a wider range of clientele (in terms of income level and lifestyle), and to
provide diversity in housing design in a subdivision project, the owner/developer is
encouraged to allocate areas for various housing types such as single-detached,
duplex/single attached and row houses
2. Minimum Lot Area
The minimum lot area for various types of housing under open market and medium cost
housing project shall be as follows:
TYPES OF HOUSING OPEN MARKET (sq. m.) MEDIUM COST (sq. m.)

Single Detached 120 100


Duplex/Single Attached 96 80
Rowhouse 60 50

Saleable lots designated as duplex/single attached and/or rowhouse lots shall be


provided with housing units.
Price of saleable lots intended for single-detached units shall not exceed 40 percent of the
maximum selling price of house and lot packages.
3. Lot Design
a. Saleable lots shall be designed such that they are not bisected by political
boundaries, water courses, drainage ways and utility lines.
b. A lot shall be served by an independent access road.
c. Whenever possible, lot frontage elevation shall be at street level.
d. Lot lines shall preferably be made perpendicular to street lines.
e. Deep lots and irregularly shaped lots shall be avoided.
f. Lots shall be planned with adequate width for side yards.
g. Lots shall be protected against risks.
h. Lots shall not be laid out if potential risks exist e.g. erosion, slides, flooding, fault
lines, etc.
4. Lot Frontage
The minimum lot frontages for various types of housing under open market and medium cost
housing projects shall be as follows:
TYPES OF HOUSING/LOT FRONTAGE (m.)

1. Single Detached
a. Corner Lot 12
b. Regular Lot 10
c. Irregular Lot 6
d. Interior Lot 3
2. Duplex/Single Attached 8
3. Rowhouse 4

The number of rowhouses shall not exceed 20 units per block/cluster but in no case
shall this be beyond 100 meters in length
5. Yard/Setback
The minimum setback of dwelling units both for open market and medium cost housing
projects shall conform to the National Building Code of the Philippines.
B. STREET REQUIREMENTS
1. WIDTHS
2. GEOMETRY: GRADES, CURVES
3. CURBS AND CURB CUTS
4. ROAD CONSTRUCTION STANDARDS
5. PLACEMENT OF UTILITIES
6. DEAD-END STREETS
7. INTERSECTION GEOMETRY
8. SIDEWALKS
9. NAMES
C.DRAINAGE REQUIREMENTS
1. REMOVAL OF SPRING AND SURFACE WATER
2. LAND SUBJECT TO FLOODING
 defined in the Wetlands Protection Act (the "Act"), has been divided in the regulations
into two different types of areas

 is to differentiate between those areas that serve the interests of the Act in a significant
way and areas where small amounts of water may collect occasionally

 provide appropriate protection to land areas that function in different ways.


4. DETENTION/RETENTION
What’s the Difference Between Detention and Retention?
DETENTION
 detention ponds provide only flood control measures and are known as dry ponds
 help control the rate of flow by using a control device that maintains the pre-
development rate of flow

RETENTION
 ponds hold a permanent pool of water and are referred to as wet ponds.
 constructed because of a high groundwater table (in other words, the groundwater is near
the surface of the earth)
D. PARKS
1.OPEN SQUARE REQUIREMENTS
Allocation of Area for Parks and Playgrounds Area allocated for parks and playgrounds
shall be mandatory for projects 1 hectare or above and shall be strategically located within
the subdivision project.
ENVIRONMANTAL REGULATIONS

WATER, SEWER, RECYCLING, SOLID


WASTE MANAGEMENT
REPUBLIC ACT 9275 or Philippine Clean Water Act of 2004
 ▪ Aims to protect the country’s water bodies from pollution from land based
sources
 ▪ Provides for a comprehensive and integrated strategy to prevent and minimize
pollution through a multi sectoral and participatory approach involving all
stakeholders
 ▪ DENR Administrative Order No. 2005-10 “Implementing Rules and Regulations
of the Philippine Clean Water Act of 2004
CLEAN AIR REQUIREMENTS
 RA 8749 Clean Air Act
 Recognizes the responsibility of local government units to deal with environmental
problems, particularly on water

SOIL CONSERVATION
LAW ON SOIL CONSERVATION
 This Act shall be known as the "Five-year Soil Survey and Conservation Act.
 Soil Survey. — This activity shall include studies of the various types of soil in the different
target areas throughout the country, through field and laboratory analyses of the soils
found in each municipality, including the barrios and sitios therein.
 Conservation and erosion control. — From the information obtained in the soil survey,
erosion control measures shall be formulated. These measures shall include among others,
contour tillage, terracing, strip cropping, cover cropping and construction of farm ponds.
PROTECTED AREAS WETLANDS
 The following categories of protected areas are hereby established:
 a. Strict nature reserve;
b. Natural park;
c. Natural monument;
d. Wildlife sanctuary;
e. Protected landscapes and seascapes;
f. Resource reserve;
g. Natural biotic areas; and,
h. Other categories established by law, conventions or international
agreements which the Philippine Government is a signatory.

RA 7586 National Integrated Protected Areas System (NIPAS) Act.

Provides for the establishment and management of protected areas in the Philippines.
 Solid Waste Disposal
RA 9003 Ecological Solid Waste Management Act
 Covers the implementation of a systematic, comprehensive and ecological solid waste
management program.

 Enforcement and Guidelines


 Waste Management Programs. - Preparation and
implementation of waste management programs shall be required
of all provinces, cities and municipalities.
 Solid Waste Disposal. - Solid waste disposal shall be by sanitary
landfill, incineration, composting, and other methods as may be
approved by competent government authority.
 Dumping into the Sea and Other Navigable Waters. - The
dumping or disposal of solid wastes into the sea and any body of
water in the Philippines, including shore-lines and river banks,
where the wastes are likely to be washed into the water is
prohibited.
FISH AND WILDLIFE PROTECTION
 RA 8550 Philippine Fisheries Code
 SEC. 11. Protection of Rare, Threatened and Endangered Species.
 SEC. 97. Fishing or Taking of Rare, Threatened and Endangered Species

 REPUBLIC ACT NO. 9147


 AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE
RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER
PURPOSES
 This act shall be known as the "Wildlife Resources Conservation and Protection Act."
 reatened or Endangered Species.

 RA 9147 Wildlife Resources Conservation and Protection Act


 Dedicated to the conservation of the country’s wildlife resources and their habitat for
sustainability.
PROTECTION OF ARCHAEOLOGICAL
RESOURCES

 REPUBLIC ACT NO. 90729135


 AN ACT TO MANAGE AND PROTECT CAVES AND CAVE RESOURCES
AND FOR OTHER PURPOSES
 This Act shall be known as the "National Caves and Cave Resources
Management and Protection Act."
OTHER CODES AND REQUIREMENTS
A. HISTORIC PRESERVATION AND LANDMARKS
REPUBLIC ACT NO. 10066
AN ACT PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE NATIONAL CULTURAL
HERITAGE, STRENGTHENING THE NATIONAL COMMISSION FOR CULTURE AND THE ARTS (NCCA)
AND ITS AFFILIATED CULTURAL AGENCIES, AND FOR OTHER PURPOSES
This Act shall be known as the "National Cultural Heritage Act of 2009".

A. ARCHITECTURAL (DESIGN) CONTROLS (more applicable in the US)


B. SPECIAL DISTRICTS (more applicable in the US)
C. MISCELLANEOUS, e.g. BILLBOARDS, NOISE, etc. (SEE NATIONAL BUILDING CODE ON SIGNS & BILLBOARDS)
D. SITE-RELATED ITEMS IN BUILDING CODES (SEE DETAILS IN THE NATIONAL BUILDING CODE)
- BUILDING SEPARATION
- PARKING AND ACCESS FOR PERSONS WITH DISABILITIES
- SERVICE AND EMERGENCY VEHICLE ACCESS AND PARKING

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