Design First, Codify Second: Germany Offers Lessons for

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Design First,
Codify Second
n Germany, mban design happens
first and then zoning codifies the
design into law. Does this practice lead
to better built environments? American
plmmers may find that it does.
German zoning was the original inspiration
for American reformers who
implemented zoning in New York City in
1916-the first such venture in the US. I
was curious to see if Germany offered lessons
almost a centulY later.
"When I lived in Berlin as a Fulbright
scholar for a year in 2007 and 2008, I was
velY impressed by how convenient it was to
walk to shops and take transit evelywhere
I wanted to go. I tried to explain my excitement
to German planners, noting that
our fairly new concept of transit-oriented
development-which didn't translate-is
just regular development in Germany.
Germany is considerably smaller and
denser than the US., with a population of
82 million living in about 138,000 square
lniles-a land area just slightly smaller
than Montana. In comparison, the U.S. has
304 million people spread over 3.5 million
square miles. German cities have excellent
public transportation and are laid out with
shops, housing, and workplaces within
walking distance of one another.
Given tile orderliness of German culture,
how can the planning regulations
manage such an incredible mix of uses?
Despite similar initial zoning, German
I Planning July 2009
regulations incorporated mixed use concepts
while tile US. diverged on a singleuse
path. The German planning system
offers inspiration to American counterparts
seeking to solve administrative problems,
mix uses more easily, and create better
places by design.
A highly coordinated system
First, a word about the overall planning
system in Germany. "It is velY important
to understand the holistic system of spatial
planning in Germany," says Harald Keglar,
an urban planning professor at Bauhaus
University in Weimar. Tllis system
is characterized by the Gegenstro771prinz
or "counter-current rprinciple," which requires
objectives to pass from tile federal
level down and feedback to filter from the
local level up.
At · the federal level, a single German
agency, the Federal Mlllisuy of Transport,
Building and Urban Affairs is responsible
for the national spatial planning law, which
outlines the framework principles, procedures,
and goals. (This integrated system
of transportation and land use stands in
marked contrast to the U.S., where tile
Department of Transportation and tile
Housing and Urban Development Department
agreed to work togetller on joint
policy for tile first time just tllis March.)
The minisuy also is responsible for
updating and publishing the German Na-
Frankfurter Allee is a major vehicle, train, and
bicycle corridor in Berlin with a variety of shops
and services along the way.

tional Building Law, the Baugesetzbucb or
BauGB, every two years. The BauGB, a
book about the size of a paperback novel,
specifies the regulatOlY framework for
planning at each level of govermnent. It is
used by German plalmers regularly just as
American city planners frequently refer to
tlleir local zoning ordinance.
At the next level, each one of tlle 16
German states is required to complete a
state development plan mat draws a line
between densely populated areas and open
space. Spatial development goals identify
corridors anticipated for developlnent and
areas set aside for green space preservation.
Regional planning, completed by a
state-level deparunent or an association of
municipalities, coordinates tlle development
of u'ansportation and otller public
infi:asu'ucture across sectors of government.
An underlying principle is to concentrate
new urban development arOlUld
u'ansportation infi:asu·ucture.
Municipal planning in Germany includes
two main parts. The preparatory
land-use plan, me Flaecbennutzzmgsplan
or F-plan, can be tllought of as a cross between
an American comprehensive plan
and a zoning plan. The F -plan is usually
completed evelY 10 to 15 years and is required
to align wim state and regional
planning objectives.
Altllough a generalized indication of
land use is sufficient, in practice tlle F-
The Freiburg F-Plan designates the permitted land
uses, but does not specify building form. The mixed
use areas (brown) typically follow transportation
corridors and t ransition to res idential (pink) mid-block.
offers lessons
for u.s. planners
By Faith Cable
plan often specifies land use on a lot level.
Adjusunents may be made by a municipality
outside of tlle normal planning process
but must be approved by the regional government.
The BebflZumgsplan or B-Plmz, sometimes
u'anslated as a "legally binding
land-use plan," is a regulating plan for a
small area. Derived from tlle F-plan, me
B-plan defines zoning requirements at me
lot level and includes a site plan and text.
The B-Plan governs tlle consUlICtion or
alteration of buildings on a site, outlines
the provision of public infrasUl.lcture, and
serves as a plat map.
How the German B-Plan works
The German B-plan, which is similar to
me master plan of a PUD or tlle regulating
plan of a form-based code, includes
requirements familiar to an American
planner: floor-area ratio, height, setback,
and land use. However, the process by
which tllese standards are applied differs.
An important distinction is tllat a B-plan
lists "land use" as one of many regulating
criteria applied to each parcel- in contrast
to conventional American zoning, which
organizes parcels into use-based disu'icts,
each witll a list of regulating criteria.
The first mree of me following four
categories are required elements.
Local transportation areas. Local u'ansportation
areas typically specify vehicle
Ameri ca n Planning Association 25

travel lanes, sidewalks, bicycle lanes, and
the location of transit lines, as applicable.
Type ofbztildinguse. The type of building
use refers to the traditional definition of
"use" in the U.S.: residential, commercial,
or industrial. There are just lOuse districts
in Germany defined by the BauGB, far
fewer than in most American cities. The
German use districts include small-scale
residential, restricted residential, general
residential, special residential, village area,
mixed use area, town or city, commercial
area, and industrial area.
Although the use districts have a predominant
use, a mix of these uses is allowed
in most of them. For example, in the
restricted residential (Reine Wolmgebiete)
district, residential buildings are allowed
by right and conditional uses include retail
and restaurants that serve the daily needs
of residents; workshops; small hotels; and
religious, cultural, health, and sports facilities.
The "daily needs" test is seen as a way
to encourage shops and services, such as
a bakelY or drug store, to locate within
walking distance of customers; however,
the size of such businesses is limited.
The general residential (Allgemeine
Wohngebiete) district allows all the permitted
and conditional uses of the restricted
residential disu·ict as well as conditional
uses such as hotels, non-disturbing industry,
gas stations, and office buildings. In
contrast to the U.S., where very restrictive
single-family districts predominate,
in Germany the most conunon residential
district is general residential.
Degree of building Zlse. The degree of
building use refers to height and bulk
standards. It is regulated by floor-area
ratio or maximum number of units per
lot; the number of stories, expressed as a
range or a maximum; construction type;
and building setbacks. The consullction
type is either "open," allowing a fi:eestanding
building, or "closed," requiring a party
wall. Setbacks are regulated by build-within
lipes and build-to lines that are drawn
on the B-plan. The amount of land to be
built on is regulated by the lot coverage
ratio, an important concern to plamlers
uying to minimize impervious surface
coverage.
Text nquirements. The text requirements
spell out other standards, which
may include building height, parking location
or quantity, required u·ees, green
roofs, and window placement. The text
t ---2-6-r-p-la- n-n-i-ng- J-U-IY- 2-0-0-9---
may restrict inappropriate uses such as gas
stations, and in general this section of the
B-plan acts as a catch-all for any other special
resu·ictions.
B-plan process
B-plans are prepared by the municipality,
usually in anticipation of future development.
However, the development conununity
has initiated much of that pI arming in
recent years.
"There are mal1y requests by investors
who propose developJIlent ideas to the
municipality," says Nicole Baumueller, a
plalmer for the city of Stuttgart. "Therefore,
the Vorbabenbezogener Bebauungsplan,
which creates a B-plan for the special proposal
of an investor, has gained in importance,"
Baumueller adds.
The B-plan approval process starts
with a review by a subcommittee of the
city council and includes one or more
public comment periods. Final adoption is
ultimately a city council decision, and the
B-plan becomes legally binding when it
is armounced in the local press. As in the
U.S., the approval process for a development
project is not always a smooth one
and there are sometimes vocal opponents,
Baunmeller says. "In areas of the city with
highly educate1 people, if a protest occurs,
it is usually well-organized."
Since B-plans are created for future
development, some areas of a city do not
have one. In these areas, small-scale new
development generally is allowed if it is
similar to the current context according to
a "matching" principle.
B-plans are provided on the interactive
GIS websites of larger German municipalities,
offering a clickable link from
a city map of all B-plans to a legible image
of the particular plan being sought. A
property owner can view the applicable
zoning requirements quickly and see all
pertinent information in one document.
American comparisons
The two elements of American zoning
that most resemble German zoningplamled
unit developments and formbased
codes-were compared by Donald
Elliott, FAICP, in his new book, A Better Way
to Zone. "Unlike PUDs and performance
zoning, which were created to make Euclidean
zoning more flexible, form-based
zoning was aimed at a different failing:
that earlier tools were not producing the
types of neighborhoods people wanted,"
he writes. Elliott argues for holistic zoning
reforms that would allow for more flexibility-deemphasizing
use, reemphasizing
scale, and improving administration. In
the quest for solutions, the German system
offers new ideas toward how we think
about zoning.
Although they are flexible, the unique
nature of each PUD and the plans used
The German B-plan must include text, the
regulating plan, and a key. B-plan notation is
standardized throughout the country.
for regulation can result in more complicated
and time-consuming zoning adminisu·ation.
PUDs are regulated by a
Master Development Plan, which is usually
composed of a set of plans similar to
a preliminary plat submittal. Although a
plan showing location, height, and square
footage is clearly relevant to zoning, the
documents do not typically distinguish
legally mandated elements from other information,
such as the location of shrubs
and peremuals.
Instead of a quick reference to the zoning
code for standard districts, PUD zoning
verification takes more time. Furthermore,
the "unit" aspect of a PUD, often
a result of property ownerslup bowldaries
prior to development, does not always lend
itself easily to a change for a single property.
"FAR and setbacks are determined
for the entire PUD, not for each parcel,
which makes it more challenging to determine
the allowable zoning for an individual
property owner," says Jeff Thomson, a
plalmer in Mllmetonka, Mllmesota.
Incorporating the Gennan concept of
a single regulating plan into PUD ordinances
could improve zoning adnunistra-