Design First, Codify Second: Germany Offers Lessons for

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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-
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Design First, Codify Second: Germany Offers Lessons for

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