Usage regulation
The "other usage regulation " is a term from German land-use planning law . It is mentioned in Section 5, Paragraph 4, Clause 1 of the Building Code as a possible content of a municipal land use plan .
term
The intended type of land use may have been determined through planning or other usage regulations as well as majorities of buildings protected under state law before the zoning plan was drawn up by bodies other than the municipality. These determinations should according to Section 5, Paragraph 4 of the BauGB must be incorporated into the zoning plan for information by the municipality. In the process of drawing up the zoning plan, the authorities and bodies responsible for the relevant determinations are to be involved by the municipality in accordance with Section 4 (2) of the BauGB. You can also object to the zoning plan at a later date ( Section 7 BauGB).
The planning or other usage regulations include, in particular, projects of supra-local importance due to plan approval procedures (so-called privileged specialist planning ) as well as area-related usage regulations of higher-ranking authorities according to the Nature and Landscape Protection Act , the admissibility of which is not assessed according to the provisions of the Building Code and for which other carriers than the municipality are responsible. In addition, the ensemble protection regulated in the state monument protection laws falls under it.
meaning
The usage that has already been determined is no longer at the disposal of the municipality in terms of planning. Rather, she has to accept them for granted. However, the municipalities are involved in the relevant planning approval procedures in accordance with 73 VwVfG (2) as well as in procedures for the protection of certain areas (such as landscape protection or nature protection areas ) according to the nature protection laws of the states, for example Art. 52 BayNatschG.
The existing usage regulations must be taken into account and weighed up by the municipality when drawing up the plan ( Section 1 (7) BauGB). A uniform urban planning concept must result from the interaction of both types of assessment.
The information transfer is only of declaratory significance. It does not become part of the land-use planning. Their legal effect is based solely on the legal provisions governing the planning or usage regulation adopted for information.
For the development plan , there is a corresponding regulation from Section 9 (6) of the BauGB. Regulations based on the BauGB, for which the municipality is responsible, can according to Section 9 (4) of the BauGB must be included in the development plan as a stipulation.
The takeover is upon approval of the master plan by the approval authority in accordance with § 6 , § 10 BauGB to be checked and complaints if missing.
Web links
- Stefan Krappweis: Specialist and spatial planning without a year, accessed on January 23, 2016
Individual evidence
- ↑ Terms of use juramagazin.de, accessed on January 23, 2016
- ↑ Law on the protection of nature, the care of the landscape and recreation in the great outdoors (Bavarian Nature Conservation Act - BayNatSchG) of February 23, 2011 (GVBl. P. 82) BayRS 791-1-Uzu
- ↑ notices juramagazin.de, accessed on January 23, 2016
