CREATING AND ORGANIZING A LOCAL ZONING BOARD OF ADJUSTMENT AND APPEALS (LZBAA) FOR THE PURPOSE OF IMPLEMENTING ORDINANCE NO. 3786, SERIES OF 2011 OTHERWISE KNOWN AS "COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COTABATO" AS AMENDED BY ORDINANCE 3910, SERIES OF 2011;
WHEREAS, Republic Act 7160 of the Local Government Code of 1991 mandate local government units to adopt their respective Comprehensive Land Use Plan (CLUP);
WHEREAS, in compliance with the above provision, the City Government of Cotabato has formulated a Comprehensive Land Use Plan as well as a Zoning Ordinance for Cotabato City with due public consultation and coordination with appropriate government agencies;
WHEREAS, the Comprehensive Land Use Plan and Zoning Ordinance were adopted and approved respectively by the Sangguniang Panlungsod (SP) by virtue of Resolution No. 4674, series of 2010 and Ordinance No. 3786, series of 2010 as amended by Ordinance No. 3910, series of 2011;
WHEREAS, subsequently, the National Land Use Committee of the Housing and Land Use Regulatory Board (HLURB) conditionally approved the Comprehensive Land Use Plan of the City per HLURB Memorandum Circular No. 26, series of 2010;
WHEREAS, Section 48 of Ordinance No. 3786 provides for the creation and composition of the Local Zoning Board of Adjustment and Appeals (LZBAA).
NOW, THEREFORE, I, JAPAL J. GUIANI, JR., Mayor of the City of Cotabato, by virtue of the powers vested in me by law do hereby order the creation and organization of the Local Zoning Board of Adjustment and Appeals (LZBAA) with the following:
SECTION 1. - Composition – By virtue of Section 48 of the Ordinance 3786, series of 2010 (Comprehensive Zoning Ordinance of Cotabato City) the LZAA shall be composed of the following:
a. Act on the application of the following :
3. Non-Conforming Use
4. Complaints and opposition to application
b. Act on appeals or grant or denial of Locational Clearance by the City Zoning Administrator
The decision of the Local Zoning Board of Adjustment and Appeals can be appealable with the Housing and Land Use Regulatory Board (HLURB).
SECTION 3. – Repealing Clause – All orders, issuances and memoranda issued inconsistent herewith are hereby repealed and modified accordingly.
SECTION 4. – Separability Clause – In the event that any provision of this Executive Order is declared unconstitutional or invalid, the validity of the remainder shall not be affected thereby.
SECTION 5. – Effectivity – This order shall take effect immediately.
DONE IN THE CITY OF COTABATO, Philippines this 1st day of August 2011.