Internal area statutes; enactment
The municipalities can define the inner area by statute. Under certain conditions regulated in the Building Code, areas outside the urban area can also be included in the inner area or designated as inner area.
Building planning law makes a fundamental distinction between the inner area and the outer area. The inner area is understood to be those parts of the town which are built up in a coherent manner and which actually have a successive, coherent development which is an expression of an organic settlement structure. Outside areas are the areas outside the coherently built-up districts and outside the scope of (qualified or project-related) development plans (see also "Development Plan; Information" under "Related Topics") .
Municipalities may, by statute
- define the boundaries for districts built up in connection with one another (demarcation statute),
- define built-up areas in the outer area as coherently built-up districts if the areas are shown as building land in the land use plan (defining statute),
- include individual areas in the outskirts of the city as part of the built-up area, if the included areas are characterized by the building use of the adjacent area (inclusion statutes).
The delimitation statute has only declaratory effect. It shows which properties still belong to the built-up areas and which are already assigned to the outer area.
The municipality can use a demarcation statute to designate built-up areas in the outer area as cohesively built-up districts if the area is shown as a building area in the land use plan. Such a statute is therefore only possible if there is already a corresponding representation in the land use plan and there is actually a certain built-up context.
By means of the Einbeziehungssatzung (inclusion statute), individual external areas can be included in the inner area if they are already appropriately characterized by the building use of the adjacent area. When such a character can be assumed depends on the specific situation in the individual case.
The lawfulness of a designation or inclusion statute requires that it is compatible with orderly urban development, that it does not establish the admissibility of projects subject to a mandatory environmental impact assessment and that there are no indications that the conservation objectives and the protective purpose of sites of Community importance and European bird sanctuaries within the meaning of the Federal Nature Conservation Act will be impaired.
The bylaws may also contain provisions that regulate the permissibility of construction projects in more detail. The determination and inclusion statutes are drawn up in a procedure regulated by law, in which both the public concerned and the authorities and other public bodies affected are given the opportunity to comment within a reasonable period of time.
Responsible for editing: Bayerisches Staatsministerium für Wohnen, Bau und Verkehr
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