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61-15 Statutes for the preservation of Bad Godesberg, Marienforst estate
Statutes of the City of Bonn on the preservation of buildings - Bad Godesberg, Marienforst Estate
From October 29, 1979
At its meeting on September 20, 1979, the Bonn City Council, on the basis of Sections 4 ( 1) and 28 (1) (g) of the Municipal Code for the State of North Rhine-Westphalia in the version published on December 19, 1974 (GV. NW. 1975 p. 91/SGV. NW. 2023), last amended by the law of May 15, 1979 (GV. NW. p. 408), and § 39 h of the Federal Building Act (BBauG) in the version published on August 18, 1976 (BGBl. I p. 2256), last amended by the law of July 6, 1979 (BGBl. I p. 949), the following statutes were adopted:
§ 1: Local scope of application
The area of application of these bylaws is located in the city district of Bad Godesberg and includes the properties and parts of properties in the district of Godesberg, parcel 24, parcel no. 340 and 341 as well as parcel 21, parcel no. 339, 340, 341 and the partial area from parcel no. 184 from the Godesberger Bach to the extension of the boundary between parcels no. 341 and 342. The boundaries of the area of application are shown in the plan attached as an annex, which is an integral part of these bylaws.
§ 2: Material scope of application
(1) The former Marienforst Monastery is located in the area covered by these statutes, the buildings of which are of urban planning and, in particular, historical significance and which, both individually and in combination, significantly characterize the landscape of the Marienforst Valley.
(2) In accordance with § 3, the statutes serve to preserve buildings. It applies irrespective of existing development plans, design statutes and the obligation to obtain approval for buildings in accordance with the building regulations for the state of North Rhine-Westphalia.
§ 3: Approval of structural installations
(1) Within the scope of these bylaws, permission for the demolition, conversion or alteration of structures may be refused for the reasons specifically described in paragraph 2; this does not apply to internal conversions and internal alterations to structures that do not affect the external appearance of the structures.
(2) Permission may only be refused if the structure is to be retained because it
alone or in conjunction with other structures, it characterizes the townscape or landscape, or
is of urban planning, in particular historical or artistic, significance.
§ 4: Administrative offenses
Anyone who demolishes or modifies a building in the area specified in § 1 without permission is committing an administrative offense within the meaning of § 156 Para. 1 No. 4 BBauG. The administrative offense can be punished with a fine of up to EUR 25,564.59 in accordance with Section 156 (2) BBauG.
§ 5: Entry into force
These Articles of Association shall enter into force on the day following their public announcement. - - - By decree dated October 10, 1979; ref.: 35.2.1-90-324/79, the District President in Cologne approved the above bylaws in accordance with § 39 h Para. 1 of the Federal Building Act. The bylaws are hereby published. The plan attached to the bylaws as an integral part is available for inspection by anyone during office hours at the Land Registry and Surveying Office, City Hall, Berliner Platz 2, elevator 2, floor 7 C.
Note: Reference is made to the provisions of Section 44 c (1) sentences 1 and 2 and (2) of the Federal Building Act on the timely assertion of any claims for compensation for interference with a previously permitted use by these statutes and on the expiry of claims for compensation.
Any violation of procedural and formal regulations of the Federal Building Act in the preparation of these bylaws, with the exception of the regulations on the approval and publication of the bylaws, is irrelevant if it has not been asserted in writing to the City of Bonn within one year of this announcement; the facts which are to justify the violation must be set out.
A violation of procedural or formal regulations of the municipal code for the state of North Rhine-Westphalia in the creation of these bylaws can no longer be asserted after the expiry of one year since this announcement, unless
a prescribed approval is missing,
these bylaws have not been duly published,
the Chief Town Clerk has previously objected to the resolution on the statutes or
the defect in form or procedure has been notified to the City of Bonn in advance, stating the legal provision violated and the fact that reveals the defect.