Zoning plan

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The zoning plan referred to Austrian law, a regulation of the municipality , consisting of a text section and a plan view.

Basics

A zoning plan includes the community planning for the entire community area and is created on the basis of the cadastral plan . He assigns a specific dedication to each property , which defines how the property can be used ( building land , grassland / open land , traffic area , other specifications). In most cases, a building zoning is required for the granting of a building permit. As ordinances within the framework of local spatial planning, zoning plans are subject to supervision by the respective state government , which has to approve or refuse the plan after a technical and legal examination for compliance with the underlying law.

Furthermore, disclosures must be made in the zoning plan. Disclosures relate to planning-relevant legal matters that are outside the municipality's competence. These are among others:

  • All areas which are intended for a special use through legally effective regional planning (e.g. priority locations, motorways, public waters).
  • All areas and objects for which use restrictions exist due to federal or state laws (e.g. listed buildings, nature reserves).
  • All areas that are impaired by natural hazards (e.g. areas at risk of flooding).

Since the legislation on local spatial planning and the associated zoning plans in Austria is the responsibility of the federal states , there are therefore nine different spatial planning laws , each with different provisions regarding the content and presentation of the plans including the wording of the ordinance.

Land use plan of the federal states

Burgenland

The areas are subdivided:

  • Building land areas
    • Building land
    • Development areas (not yet developed)
  • Traffic areas
  • Grassland
    • All non-agricultural areas in grassland must be shown separately

The following use categories are planned for the building land:

  • residential area
  • Village area
  • Business area
  • Service area
  • industrial area
  • Mixed building area

Lower Austria

The areas are divided into:

  • Building land areas
    • Building land
    • Development zones
  • Traffic areas
  • Grassland

The following use categories are planned for the building land:

  • residential area
  • Agricultural area
  • central area
  • Shopping centers and specialist markets (outdated, may no longer be re-designated)
  • Service area
  • industrial area
  • Special area
  • Area for local structures worth preserving

Upper Austria

The municipal area is basically divided into building land, traffic areas and grassland.

In building land, a distinction is made between:

  • Residential areas (W - for permanent housing needs)
  • Village areas (D - agriculture and forestry and residential buildings as small houses)
  • Spa areas (KUR - spa facilities, tourism and recreation facilities)
  • Core areas (K - administration buildings, commercial and service companies, residential buildings)
  • mixed building areas (M - with not significantly disruptive SMEs according to Upper Austrian Business Type Ordinance 1997)
  • restricted mixed building areas (MB - admissibility of residential buildings can be excluded, "buffer allocation" between residential areas and commercial building areas)
  • Business development areas (B - not significantly disruptive businesses and storage areas)
  • Industrial areas (I - e.g. companies in the metal and chemical industry )
  • Land areas (L - transition areas between land and water)
  • Second home areas (WE - second homes may only be built in these areas)
  • Areas for commercial buildings (G - retail companies with more than 300 m 2 of sales area are only permitted in this dedication category. Retail companies with more than 1,500 m 2 of sales area also require a regulation from the Upper Austrian state government, see retail park center )
  • Special areas of the building land (SO -. Particularly sensitive or regionally significant buildings and facilities such as schools, barracks, hospitals etc. convention centers and leisure facilities, with more than local significance, such as large cinemas and so-called. Seveso II production units of)

Areas for flowing and stationary traffic are to be provided as traffic areas. Federal and state traffic areas are only to be made visible in the zoning plan.

The grassland is generally used for agriculture and forestry or is designated as wasteland. In addition, special dedications (e.g. recreational areas, green corridors, commercial gardeners, excavation areas, etc.) can be determined. In principle, only those buildings may be erected in grassland that are necessary for the specified use. Exceptions are permitted in precisely defined cases (e.g. replacement of existing residential buildings in grassland).

Zoning plans must be revised every ten years.

Styria

The areas are divided into:

  • Building land areas
    • Fully-fledged building land: developed and not endangered or impaired
    • Redevelopment areas: built-up but endangered, impaired (noise), not sufficiently developed (sewage)
    • Development areas: undeveloped, still endangered, not yet adequately developed
  • Traffic areas
  • Outdoors

The following use categories are planned for the building land:

  • pure residential area
  • general residential area
  • Vacation area
  • Village area
  • Core, office and business area
  • Construction areas for shopping centers 1
  • Construction areas for shopping centers 2
  • Commercial areas
  • Industrial and commercial areas 1
  • Industrial and commercial areas 2
  • Recreation area
  • Spa area

All areas not designated as building land or traffic areas are to be allocated to the open land. This is usually intended for agricultural use. With a few exceptions, construction tours are only permitted in the context of agriculture and forestry. However, the following special uses are possible outdoors:

  • Recreational areas, play areas and sports areas, parks, commercial horticulture, allotment gardens, storage areas, landfill areas, soil extraction areas, shooting ranges, shooting and explosive storage facilities, energy generation and supply systems, flood retention systems, supply and disposal systems.
  • Replenishment areas (small-scale settlement areas with minor replenishment possibilities)

The Planzeichenverordnung 2007 regulates the graphical and relevant specifications for the transfer interface for the creation of the digital zoning plans.

Tyrol

Building on the local spatial planning concept, the zoning plan, as the next level of spatial planning, is a decisive instrument for determining the intended use for all areas of the municipal area. The use can be divided into five main groups: building land, open land, special areas, reserved areas and traffic areas.

Subdivision of the building land:

  1. residential area
  2. Commercial and industrial area
  3. Mixed areas:
  • General mixed area
  • central area
  • Tourist area
  • Mixed agricultural area

The special areas are site-specific or earmarked. With the dedication of the special area, the purpose is clearly defined.

In the zoning plan, planned roads and those that are important for local and regional traffic are shown as traffic areas.

All those areas for which neither building land, a special area nor a traffic area have been designated are considered free land. These remaining areas are subject to an almost complete construction ban. Only small buildings and systems may be erected here, such as B. wooden pills, haystacks, wayside shrines, apiaries up to 20 m², telephone boxes, transformer stations, etc.

Vorarlberg

The areas are divided into:

  • Construction areas
  • Expected building areas
  • Open spaces
  • Traffic areas
  • Reserved areas

See also

Web links