Urban land-use planning
Source: BUS Rheinland-PfalzUrban land-use plans are the land-use plan (preparatory urban land-use plan) and the development plan (binding urban land-use plan). The planning authority for the development plan is the municipality. The planning authority for the land use plan is the association municipality or the independent municipality. The municipality/association municipality draws up the urban land-use plans on its own responsibility within the framework of its constitutional planning sovereignty. There is no legal entitlement to the preparation of urban land-use plans.
The task of urban land-use planning is to prepare and guide the structural and other use of land. The law on urban land use planning is regulated in the first chapter of the Federal Building Code (BauGB).
Land use plan:
The outline of the type of land use resulting from the intended urban development in accordance with the foreseeable requirements must be shown in the land use plan. For example, building areas, areas for utilities, the provision of facilities and equipment for public use, areas for interurban traffic and for the main local traffic routes, forest areas and areas for agriculture can be shown.
Development plan:
The respective development plan is decisive for the buildability of a property if the property to be built on is within the scope of a development plan. The development plan can stipulate, for example, the type and extent of building use, the areas of land that can be built on and the traffic areas.
Other building regulations for the creation of building land
(Section 34 (4) BauGB)
In addition to the classic development plan, local communities and towns can also create building rights with other statutes. The Building Code distinguishes between the following types of bylaws:
Clarification statutes (§ 34 Para. 4 No. 1 BauGB)
With these bylaws, the municipality can define the boundaries for built-up areas, i.e. it is "clarified" which properties are still within the local area and can therefore be built on (inner area) and which already belong to the outer area.
Development statutes (§ 34 Para. 4 No. 2 BauGB)
With these bylaws, the municipality can designate built-up areas in the outer area as built-up districts, provided that these areas are shown as building areas in the land use plan.
Supplementary bylaws (Section 34 (4) No. 3 BauGB)
Under certain conditions, these bylaws allow municipalities to incorporate individual areas on the outskirts of the town into the inner area. However, an essential prerequisite for this is that these areas are appropriately characterized by the adjacent buildings.
Outdoor area bylaws (Section 35 (6) BauGB)
For split settlements on the outskirts of a municipality that are not predominantly agricultural and in which there is residential development "of some importance", the municipality can use bylaws to eliminate some of the approval problems associated with the construction of residential buildings and smaller craft and commercial enterprises.