Excerpt from the development plan: Is exceeding the floor area ratio for ancillary facilities permitted?

Hello,

see the development plan, is it to be assumed in this case that the 50 percent rule is excluded with the exceedance of the floor area ratio?

Regards and thanks

Reads like that, yes. Layman's opinion.

I agree with Alex. Clear text. Karsten

Unfortunately, it is not that clear.

Baunutzungsverordnung § 19:
The permissible floor area may be exceeded by the floor areas of the facilities specified in sentence 1 by up to 50 percent, but not more than up to a floor area ratio of 0.8; further exceeding to a minor extent may be permitted. The development plan may contain provisions deviating from sentence 2. Unless the development plan specifies otherwise, in individual cases the compliance with the limits resulting from sentence 2 may be disregarded.

It is not really clear whether the sentence in the development plan states that the limits must not be exceeded or whether, deviating from sentence 2, the floor areas may not be exceeded by 50%.

A reliable answer can only be expected from the building authority!

I cannot find any ambiguities here. According to the [Baunutzungsverordnung], the specified floor area ratio may be exceeded by up to 50% due to the mentioned facilities, unless the development plan stipulates otherwise, which it does here. An exceedance is clearly excluded.

The development plan may do two things:

[*]Exclude exceeding the floor area ratio in individual cases (sentence 2 remains valid)
[*]Define a deviating provision regarding the 2nd sentence (50% rule and max 0.8)

What does the development plan do in this case here?