Denis L.
2018-06-30 06:23:59
- #1
Wrong. If a municipality designates a residential area, it must be treated as such. The municipality does not have completely free rein. QUOTE:
"Deviating regulations in the development plan (§ 19 paragraph 4 sentence 3 Federal Land Utilization Ordinance)
In the development plan, deviating provisions from the regulations of § 19 paragraph 4 sentence 2 Federal Land Utilization Ordinance can be made, e.g. higher or lower percentage rates, higher or lower capping limits than the floor space index of 0.8. The deviating provisions must be justified from an urban planning perspective...
Provisions must be made by text (§ 2); examples:
On the parcel of land ..... the stipulated floor space index of 0.3 can be exceeded by the floor area of structural facilities according to § 19 paragraph 4 sentence 1 of the Federal Land Utilization Ordinance (Note: date/reference) up to a floor space index of 0.6.
The floor area of ... m² stipulated on the parcel of land ..... can be exceeded by the floor area of structural facilities according to § 19 paragraph 4 sentence 1 of the Federal Land Utilization Ordinance (Note: date/reference) up to 120 percent."
"Deviating regulations in the development plan (§ 19 paragraph 4 sentence 3 Federal Land Utilization Ordinance)
In the development plan, deviating provisions from the regulations of § 19 paragraph 4 sentence 2 Federal Land Utilization Ordinance can be made, e.g. higher or lower percentage rates, higher or lower capping limits than the floor space index of 0.8. The deviating provisions must be justified from an urban planning perspective...
Provisions must be made by text (§ 2); examples:
On the parcel of land ..... the stipulated floor space index of 0.3 can be exceeded by the floor area of structural facilities according to § 19 paragraph 4 sentence 1 of the Federal Land Utilization Ordinance (Note: date/reference) up to a floor space index of 0.6.
The floor area of ... m² stipulated on the parcel of land ..... can be exceeded by the floor area of structural facilities according to § 19 paragraph 4 sentence 1 of the Federal Land Utilization Ordinance (Note: date/reference) up to 120 percent."