Wednesday, April 18, 2007 Osmeña: Zoning practices need implementation By Antonio V. Osmeña Estatements
TODAY, many property owners, especially in residential areas, are violating the zoning ordinances of their cities and municipalities by way of converting their residential lots into commercial areas, such as putting up sari-sari stores, offices or other businesses.
Some enterprising residential lot owners even operate a food stall in their driveways. Local governments have enacted comprehensive zoning ordinances governing the utilization of privately owned land. Since more than 75 percent of all urban land is generally held under private ownership, the impact of zoning laws upon income and value of real property is most significant.
It can readily be seen that without comprehensive zoning control, the competition for diverse land uses will be unorganized and individual preferences, land income concepts, speculation and, possibly, greed might cause “guilt work” land uses that will ultimately destroy not only land values but the usefulness of the city as a social, economic and political unit.
The Housing Land Use and Regulatory Board and the Office of the Building Official, in cooperation with the city or municipal treasurer, should strictly exercise their control in the use of private property, where the interests and protection of health, welfare and morality of the citizens, as a whole, make such control necessary or even mandatory.
Urban areas, which are subject to zoning control, are generally divided into three main use classifications— residential, commercial and industrial.
Each one of these main land use classifications may then be further subdivided to permit greater homogeneity as residence A, B and C. The “A” land may be limited to single detached residences, “B” to semi-detached residences and structures containing not more than four family dwelling units. “C” land may be employed for apartment houses, churches, private clubs, hotels and similar approved land uses. All structures are subject, of course, to height and area limitations.
Land use regulations also restrict the keeping of animals—other than those classed as domesticated—and prohibit the use of billboards and professional signs exceeding specified dimensions. Commercial land, too, may be subdivided into areas reserved for business A and B. The “A” classification may be restricted to office buildings, retail establishments, service shops, restaurants and so forth, and the “B” classification refers to loft buildings and light manufacturing.
Industrial areas, which is generally open to all uses, may be sub-classified to segregate light industry from heavy industry. Metro Cebu and, for that matter, the rest of the island should coordinate and synchronize in zoning practices. Unfortunately, local zoning boards are vulnerable to political and economic pressures from developers.
Zoning can be more effective when coupled with taxation policies that discourage harmful forms of development, such as the conversion of prime agricultural land to urban housing and business areas. The artificial political boundaries of cities, towns and barangays bear little relation to the natural airsheds, watersheds and ecosystems in each region.
As a result, zoning practices in one area may be undercut by opposite goals of zoning regulations in surrounding areas. The legal basis for zoning is the police power under which a sovereign state or its duly constituted “arms” and “branches” of government may control the use of private property.
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