The Chernivtsi mayor Alex Kaspruk vetoed the decision of the session,which is on the former site of the plant allowed to build housing
mayor Alex Kaspruk's order suspended the decision of the city Council of VII convocation from July 28 this year, which OOO "Production and trading company "NORD-SERVIS" was granted permission to draft a withdrawal for change purpose of the land plot on the street.Russian, 236. With this decision, the company "NORD-Service" was able on the land, which was intended for industrial purposes, to build a residential building with commercial facilities. The specified land area 0,7943 hectares, which is situated on vul. Russian,236 according to the scheme of zoning of territory of Chernivtsi is located in the industrial zone B5 zone enterprises 5-th class of hazard), and 50-meter zone restriction of C33 from industrial facilities (SV-1). Mayor Alex Kaspruk drew the attention of members of the city Council that pursuant to part 4 of article 24 of the law of Ukraine "On regulation of urban development" change the purpose of land that does not comply with the zoning plan and/or detailed plan of the territory, is prohibited. The discrepancy between the location of the land plot to the requirements of the laws adopted according to them normative legal acts, as well as the General plans of settlements, other urban planning documentation is a legitimate basis for refusing to grant permission to change the purpose of this site. Thus, the decision of the city Council VII convocation from 28.07.2016, No. 349 "On considering appeals of the limited liability production and trading company "NORD-Service" that have the permission to limited liability company production-commercial company "NORD-service" on the drafting of allotment of the change of purpose of land area 0,7943 hectares, which is situated on vul. Russian,236, taken without regard to zoning, and therefore in violation of part 2 of article 17, paragraph 4 of article 24 of the law of Ukraine "On regulation of urban development", article 36, part 3 of article 123 of the Land code of Ukraine. Drawn that part 2 of article 42 of the Land code of Ukraine guarantees the ability to transfer gratuitously in the property of the land plot under the apartment building belonging to him buildings and facilities for the apartment owners, which essentially eliminates the possibility of replenishment of the city budget at the expense of means from sale of the land to the owner of the immovable property, which are placed on it. Thus, the decision of session of city Council contrary to part 7 of article 60 of the law of Ukraine "About local government in Ukraine", which stipulated that property transactions that are implemented by local authorities with the objects of municipal property, must not weaken the economic foundations of local self-government. For re-consideration of the matter, August 5, at 16.00 convened an extraordinary 12 session of the Chernivtsi city Council, on which MPs will have the opportunity to confirm its earlier decision or to listen to the comments of the mayor regarding its non-compliance with current legislation. This was reported in the Chernivtsi city CouncilÏåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
