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Art. 81 Legge sulle strade (LS) - Eccezione
Strade Pubbliche e Proprietà Fondiarie Adiacenti
Art. 81 Legge sulle strade (LS) - Eccezione · Eccezione
1. L'ente pubblico competente può concedere deroghe dalle distanze legali delle strade, se particolari circostanze, in particolare legate all'aspetto del luogo, lo giustificano e se ciò non compromette né interessi pubblici né essenziali interessi dei vicini.
2. Per le piccole costruzioni si applica mutatis mutandis l'Articolo 28 della Legge edilizia (BauG).
3. Per le condizioni accessorie e la loro annotazione nel registro fondiario si applica l'Articolo 29 della Legge edilizia (BauG).
Decisioni giudiziarie che applicano questa disposizione (37)
100 2023 346 · be (Art. 81 Abs. 1 SG)
Builder v. Bern Cantonal Construction and Transport Directorate (Sewage Pipe Road Setback)
The main provision governing the conditions under which an exception to road setbacks can be granted; its application led to the denial of the exception.
100 2023 346 · be (Art. 81 Abs. 2 SG)
Builder v. Bern Cantonal Construction and Transport Directorate (Sewage Pipe Road Setback)
Mentioned because it references Art. 28 BauG regarding small structures in the setback area, a point discussed in relation to the pipe's status.
110 2024 116 · be (Art. 81 Abs. 1 SG)
Municipal Building Permit Refusal for Heat Pump Setback Exception
The court rejected the appeal, confirming the building refusal, because the primary condition for an exception under this article (the existence of special circumstances) was not met.
110 2023 118 · be (Art. 81 Abs. 1 SG)
Building Permit Denial Upheld Over Setback Exception for Parking
The main ground for confirming the building refusal (Bauabschlag) was the lack of special circumstances justifying an exception to the road setback requirement.
110 2023 96 · be (Art. 81 Abs. 1 SG)
Property Owner v. Zoning Board Regarding Building Permit and Procedural Notice
Cited in reasoning regarding exceptions for road setbacks (retaining walls), but the result was implicitly covered by the confirmation of the original decision.
110 2023 96 · be (Art. 81 Abs. 2 SG)
Property Owner v. Zoning Board Regarding Building Permit and Procedural Notice
Cited in reasoning regarding permission based on 'Zusehen hin' for visitor parking spaces, but the result was implicitly covered by the confirmation of the original decision.
110 2023 112 · be (Art. 81 SG)
Administrative Appeal Regarding Building Permit Encroachment on Road Setback
The overall decision to deny the building permit is based on the finding that the necessary conditions for granting an exception to the road setback requirements, as stipulated by this article, were not met by the applicant.
110 2020 207 · be (Art. 81 Abs. 1 SG)
Bern Canton Directorate Partially Upholds Building Permit After Curing Procedural Flaws
Cited (although the actual decision used Abs. 2) as a legal basis for the exception regarding the setback from the public road.
110 2020 207 · be (Art. 81 Abs. 2 SG)
Bern Canton Directorate Partially Upholds Building Permit After Curing Procedural Flaws
Used as the specific legal basis for granting the exception regarding the setback from the public road for visitor parking spaces (Kleinbauten/lightly removable structures).
110 2022 170 · be (Art. 81 Abs. 1 SG)
Municipal Building Permit Revocation for Residential Expansion
The court denied the granting of an exception permit required for the setback violations on the west side.
110 2021 116 · be (Art. 81 Abs. 1 SG)
Appeal Regarding Revocation of Construction Permit Due to Incorrect Side Setback Measurement and Denial of Parking Exception
The court found that the requirements for an exemption from the street setback (Art. 81 Abs. 1 SG) for the parking spaces were not met.
110 2021 91 · be (Art. 81 SG)
Petitioners v. City Authority Regarding Carport Permit Denial Based on Aesthetic Regulations
Cited in the reasoning to establish the basis for the assessment of the request for deviation from the road setback requirement, which was rejected based on public interest concerns.
110 2021 54 · be (Art. 81 Abs. 1 SG)
Appeal Regarding Exception Permit Denial for Road Setback Violation
This provision concerning the conditions for granting an exception to building distances was central to the decision to reject the exception request and grant the appeal.
100 2020 199 · be (Art. 81 Abs. 1 SG)
Cantonal Court Upholds Building Permit, Allowing Support Wall Height Exception on Steep Terrain
Although extensively discussed in the reasoning (E. 4.), it was not explicitly cited in the dispositive orders (1. to 4.).
110 2020 188 · be (Art. 81 SG)
Municipality Erred in Granting Building Permit Exception Without Proving Hardship; Right to be Heard Violated
This provision was considered, but the exception based on it was ultimately denied, leading to the appeal being granted, as the required grounds for an exception were found to be lacking.