AFTER nearly a year of going through the motions, a moratorium on the application for and provision of zoning exemptions in the city has been implemented.
The passage of the moratorium on the application and provision of zoning exemptions by the Local Zoning Board of Adjustment and Appeal (LZBAA) disallows construction projects that are against the city’s zoning ordinances.
The moratorium, passed on Monday, February 22, suspends the provision of all zoning exemptions from the LZBAA until such time that the city’s Comprehensive Land Use Plan (CLUP) is completed.
Locational clearances and building permits from the City Buildings and Architecture Office (CBAO) will not be issued as well if they are found to be non-conforming to the city’s land use or land classifications.
However, there are exemptions to the need to comply with the city’s CLUP, such as when the intended use has been reclassified by virtue of a law passed by Congress or presidential proclamations; 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 of classification in the zoning; and when the reclassification will better serve the public welfare, public interest, and public policy.
Officials who continue to issue locational clearances or building permits in violation of the moratorium will be meted out administrative charges for grave misconduct under civil service rules, and will pay a P5,000 fine and serve up to a year in prison.
The same penalties apply for individuals who apply for and manage to acquire a locational clearance of building permit in violation of the city’s zoning ordinances, as well as withdrawal of the clearance or permit and the demolition of any structure put up using documents in violation of the ordinance.
“The City Government as the regulating agency has that responsibility to counter-check the effects of these exemptions or variance on the utilization of lands covered in the zoning, thus the need to impose a moratorium save for valid reasons,” the ordinance stated.
