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Local Zoning Board of Adjustment and Appeal

 

Mandate

The Local Zoning Board of Adjustment and Appeal (LZBAA) is  a local special body created by virtue of the approved Comprehensive Land Use Plan and Zoning Ordinance (CLUP/ZO) of the Municipality of Bay, ratified through SP Resolution No. 899, S. 2020 dated September 16, 2020  mandated to, among others, handle appeals for Variances and Exceptions.

Members

The LZBA shall be composed of the following members:

  1. Municipal Mayor as Chairman
  2. SP/SB Committee Chairperson on Land Use/Zoning
  3. Municipal Legal Officer
  4. Municipal Assessor
  5. Municipal Engineer
  6. Municipal Planning and Development Coordinator (if other than the Zoning Administrator/Zoning Officer)
  7. Municipal Community Environment and Natural Resources Officer/Disaster Risk Reduction and Management Officer
  8. Two (2) representatives of the private sector nominated by their respective organizations
  9. Two (2) representatives from non-government and civil society organizations nominated by their respective organizations.

Secretariat

The Municipal Planning and Development Office shall serve as the Secretariat to the LZBA. The LZBAA may invite resource persons in support of the performance of its functions.

Power and Functions 

There is hereby created a LZBAA which shall perform the following functions and responsibilities:

    1. Act on applications of the following nature
      1. Variances
      2. Exceptions
      3. Non – Conforming Uses
      4. Complaints and Oppositions to Application/s
    2. Act on appeals on Grant or Denial of Locational Clearance by the Zoning Administrator/ Zoning Officer.
    3. Act on appeals regarding the non-conformity of existing uses, buildings or structures to the applicable provisions of this Ordinance.
    4. Decisions of the LZBA shall be carried by an absolute majority vote (50% + 1) of its members.