By Dexter A. See
BAGUIO CITY -- The city
council Monday approved on first reading a proposed ordinance imposing a
moratorium on the issuance of exemptions to the city’s zoning ordinance or the
city land use plan (CLUP).
The council
stated that a moratorium on the grant of exemptions by the Local Zoning Board
on Adjustments and Appeals (LZBAA) from the CLUP or zoning ordinance will be
suspended for 15 years from the effectivity of the measure to prevent the city
from suffering urban decay.
Under the
proposed ordinance, no locational clearance shall be issued when the intended
construction will deviate from the city’s zoning ordinance while no building
permit shall be issued by the City Buildings and Architecture Office (CBAO) on
constructions of any kind that would be inconsistent with the land
classification or land use of a lot under the zoning ordinance.
However, an
exemption from the CLUP and zoning can be granted through an ordinance based on
conditions that an ordinance is passed re-classing the use of certain parcels
of land as part of zoning; when the intended use was reclassified by virtue of
a law passed by Congress or Proclamations as when the land is released for
other uses; when the classification of the land is in conflict with the final
order of the court; when by virtue of the character of the land, the same
cannot be utilized for its intended use or classification in the zoning and
when the reclassification will better serve public welfare, public interest and
public policy.
The council
stipulated that any government employee who knowingly issues location clearance
or building permit in violation of the measure shall be administratively
charged for grave misconduct under civil service rules and penalized with an
imprisonment of one year and a standard fine of P5,000.
Moreover, any
person who deviates or violates the zoning ordinance upon which a locational
clearance and a building permit was issued shall be penalized with an
imprisonment of one year and a fine of P5,000. In addition, the building and
construction made shall be subject to withdrawal of building permit and
administrative demolition.
According to
the council, the local government as a regulating agency has the responsibility
to counter check the effects of the zoning exemptions and variance on the
utilization of lands covered in the city’s zoning, thus, the need to impose the
moratorium on the same for valid reasons.
The council
anchored the proposed ordinance on alleged facts and studies that showed that
Baguio City has reached its carrying capacity in all facets, be it demography,
infrastructure development, traffic and transportation and other aspects of
development.
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