BayBo:
Art. 7 Deviations from the clearance areas
(1) If outer walls are permitted or required by the provisions of an urban development statute or a statute pursuant to Art. 91, in front of which clearance areas of greater or lesser depth than those specified in Art. 6 must lie, Art. 6 paragraphs 4 and 5 shall not apply, unless the statute stipulates the application of these provisions.
Sufficient lighting and ventilation must be ensured.
The areas for necessary ancillary facilities, in particular for playgrounds, garages, and parking spaces, must not be restricted. Art. 91 paragraph 1 no. 5 remains unaffected.
(2) Buildings with an eaves height of no more than 5 m for local supply of electricity, heat, gas, and water, greenhouses for commercial horticulture, and silage containers for agriculture are permitted within clearance areas and without their own clearance areas.
This does not apply to silage containers regarding the clearance areas adjacent to neighboring properties.
(3) If buildings or parts of buildings face each other on one property, of which at least one has no more than one full storey and is not used for residential purposes, it may be permitted
that the clearance areas required according to Art. 6 paragraphs 4 and 5 may be reduced in depth to half the wall height of this building, provided that fire protection, lighting, and ventilation are not impaired thereby.
(4) Garages including their ancillary rooms, covered underground garage driveways, and elevators to underground garages with a total usable area of up to 50 m² as well as outbuildings without fireplaces with a usable area of up to 20 m² do not need to observe clearance areas to the property boundary,
if a wall height of 3 m on average is not exceeded at the boundary; the height of roofs with a pitch of up to 75 degrees and gable surfaces in the roof area with a pitch of up to 75 degrees shall not be considered.
Overall, this boundary development on the property may not exceed a total usable area of 50 m², as well as a total length of external walls of 8 m per property boundary; usable areas in attic and basement rooms are not included.
The structural connection of this boundary development with a main building or another outbuilding is permitted, provided that these buildings individually comply with the clearance areas applicable to them.
(5) The clearance areas according to Art. 6 paragraphs 4 and 5 or the clearance areas based on local building regulations according to Art. 91 may extend fully or partially onto the neighboring property if the neighbor gives written consent to the building authority or if they cannot be built over for legal or factual reasons;
the neighbor's consent shall also apply for and against his legal successor.
They must be kept free from development in addition to the clearance areas prescribed for the development of the neighboring property. Art. 6 paragraph 1 sentences 3 and 4 remain unaffected.
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