Art. 45 Bundesgesetz vom 20. März 2009 über die Personenbeförderung (PBG) - Klageberechtigung

BRGE.III.Nr.0014.20 · zh (§ 45 Abs. 2 PBG)

Building Coverage Quota Interpretation for Special Buildings

Used to confirm that the municipality's interpretation of Article 50 BZO does not violate cantonal law regarding building and zoning regulations.

BRGE.III.Nr.0116.20 · zh (§ 45 Abs. 2 PBG)

Municipality Appeal on Zoning Setback and Wall Height Regulations Dismissed

Cited as the provision establishing that municipalities are bound by cantonal law concepts, which Art. 44 BZO violated.

7H 21 105 · lu (§ 45 PBG)

Residential Zoning Challenge to Oversized Private Garage

This provision defines the purpose of residential zones, used to assess the conformity of the planned parking facility.

VWBES.2021.117 · so (§ 45 Abs. 2 PBG)

Administrative Court Upholds Partial Zoning Appeal Over Setback Compliance

Cited in the reasoning as the basis for the rule that special use plans (Gestaltungspläne) can deviate from the basic land use designation.

B.2020.197 · sg (Art. 45 PBG)

Appeal Dismissed Regarding Refusal of Special Use Plan and Planning Zone

Cited in the request to remit the matter, specifically concerning the suspension of building applications.

20.2723 · sg (Art. 45 PBG)

Property Owner v. Municipal Council: Challenge to Stay of Building Permit Based on Subsequent Zoning Imposition

The court ruled on the merits of the case by finding that the conditions for suspending the building application under this article were not met.

20.2723 · sg (Art. 45 PBG)

Property Owner v. Municipality Regarding Building Permit Stay

This article concerns the suspension of building applications when a planning zone is established, which was the subject of the dispute, although the suspension was ultimately deemed unjustified.

BRGE.I.Nrn.0029.003 · zh (§ 45 Abs. 1 PBG)

Provincial Zoning Plans Invalid Due to Non-Compliant Municipal Ordinance

Cited in relation to the municipalities' responsibility for enacting building and zoning ordinances and the limits of cantonal authority in this regard, impacting the validity of the cantonal development plans.

VWBES.2013.211 · so (§ 45 PBG)

Rezoning Upheld to Combat Sprawl and Meet Housing Needs

This provision is cited in relation to the authority to deviate from general building regulations via development plans.

BRGE.IV.Nr.0006.201 · zh (§ 45 Abs. 1 PBG)

Farmhouse Replacement Zoning Compliance Appeal

Cited in the reasoning regarding the distribution of responsibilities between planning authorities and building authorities.

BRKE.II.Nr.0038.201 · zh (Art. 45 Abs. 1 PBG)

Weather Protection Structure Setback Dispute

Cited as the basis requiring communes to enact a zoning ordinance.

BRKE.II.Nr.0038.201 · zh (Art. 45 Abs. 2 PBG)

Weather Protection Structure Setback Dispute

Cited to confirm that communes are bound by the concepts and minimum requirements of cantonal law when drafting zoning ordinances.

V 08 307 · lu (§ 45 Abs. 2 lit. a PBG)

Administrative Court Upholds Partial Appeal Against Building Permit Based on Access Road, Dismisses Challenge to Basement Storage

This provision is cited in the opening summary/Leitsatz concerning the conformity of the land use with the residential zone, which is central to the decision regarding the storage room.

VB.2008.00431 · zh (§ 45 Abs. II PBG)

Amateur Radio Mast Height Restriction Upheld Against Scenic View Protection

Although cited in the Rechtsnormen section, this provision was not explicitly relied upon in the final dispositive orders regarding the grounds for the decision.

VWBES.2002.149 · so (§ 45 Abs. 2 PBG)

Planning Amendment Invalidated Due to Conflict of Interest and Environmental Non-Compliance

Cited in the context of evaluating whether the deviations in the new development plan exceeded the limits allowed relative to the basic land use zoning.