State Building Code Schleswig-Holstein

State Building Code for the State of Schleswig-Holstein (LBO) of 22 January 2009, § 50; 8

Extract from the parking place regulations

§ 50 Motor vehicle parking spaces and garages, parking facilities for bicycles

(1) Structural installations and other installations where access or departure traffic is to be expected may only be erected if parking spaces or garages of sufficient size and suitable condition (necessary parking spaces or garages) and parking facilities for bicycles are provided. Their number and size shall be determined by the type and number of motor vehicles and bicycles actually present and expected to be used by permanent users and visitors to the facilities. If the number is determined by a local building regulation pursuant to § 84 para. 4 no. 8, this shall be decisive. It may be permitted that the necessary parking spaces or garages as well as the bicycle parking facilities are constructed within a reasonable period of time after completion of the facility as defined in sentence 1.

(2) Alterations to installations as defined in subsection (1) above shall only be permitted if parking spaces or garages and bicycle parking facilities are constructed in such a number and size that they can accommodate the additional motor vehicles and bicycles to be expected as a result of the alteration.

Summary: No binding regulation, authorisation of the municipalities. Municipalities can waive the creation of parking spaces and the payment of a fee.

Exceptions

§ 50 Motor vehicle parking spaces and garages, parking facilities for bicycles

(1) With the consent of the municipality, the construction of parking spaces and garages and the payment of a sum of money in lieu thereof may be waived in whole or in part. This applies in particular if there is a favourable connection to the local public transport system or if there are sufficient cycle paths or if the creation or renewal of housing which is in the public interest would be impeded or prevented. With the consent of the municipality, motor vehicle parking spaces, garages or parking facilities for bicycles may be used multiple times for different projects in all building areas if their periods of use do not overlap and their allocation to the projects is secured under public law.

(6) (...) The amount of money to be paid by the party obliged to construct motor vehicle parking spaces or garages may not exceed 80 % of the average costs of constructing parking facilities in accordance with sentence 3, and the amount of money to be paid by the party obliged to construct bicycle parking facilities may not exceed 80 % of the average costs of constructing bicycle parking facilities, in each case including the costs of land acquisition in the municipality or in certain parts of the municipality.

Supplement

§ 50 Motor vehicle parking spaces and garages, parking facilities for bicycles

(7) If a dwelling is divided in a building which was completed at least three years ago or if living space is created by a change of use, by adding a storey or by changing the roof of such a building, the additional requirement for motor vehicle parking spaces and garages and parking facilities for bicycles caused thereby need not be met if this is not possible on the property or is only possible with great difficulty.

(9) Parking spaces and garages must be arranged and constructed in such a way that their use is not harmful to health and does not disturb work and living, peace and quiet and recreation in the surrounding area by noise or odours beyond what is reasonable. Parking spaces shall be landscaped by planting trees and shrubs appropriate to the location; § 8 para. 1 shall apply accordingly.

Status: 01/22/2009

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