Former POS: general provisions

DEPARTMENT OF CALVADOS

VIERVILLE SUR MER

LAND USE PLAN

2 RULES

AMENDMENT No. 2

Approval

Initial POS, Approved on September 27, 1979

1^ère MODIFICATION, Approved on August 29, 1986

1^ère REVISION, Approved April 24, 1995

Seen to be annexed to the deliberation of the municipal council dated March 30, 2001

POSMYOUCK Design Office - Urbanist S.F.U. - D.E.S.S. Planning

The doors of Dover - 14440 DOUVRES-LA-DELIVRANDE - Tel: 02.31.37.72.22 - Fax: 02.31.37.71.64.

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TITLE I

GENERAL PROVISIONS

This regulation is established in accordance with Article R 123-21 of the Urban Planning Code.

The main articles of the Urban Planning Code cited in this regulation are reproduced in the documentary annex.

ARTICLE 1. TERRITORIAL SCOPE OF THE PLAN

This regulation applies to the entire territory of the Commune of VIERVILLESUR-MER.

ARTICLE 2. RESPECTIVE SCOPE OF THE REGULATION WITH REGARD TO OTHER SPECIFIC LEGISLATION RELATING TO A LAND OCCUPATION

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The provisions of this regulation replace those of Articles R 111-1 to R 111-24 of the Urban Planning Code with the exception of those of Articles R 111-2, R 111-3-2, R 111-4, R 111-14-2, R 111-15 and R 111-21 which remain applicable.

R 111-2

The building permit may be refused or granted only subject to compliance with the special requirements if the constructions, by their location or dimensions, are likely to affect public health or safety.

The same applies if the projected constructions, by their location near other facilities, their characteristics or their location, are likely to harm health or public safety.

R 111-3-2

The building permit may be refused or granted only subject to the observant of special prescriptions if the constructions are likely, by their location, to compromise the conservation or development of an archaeological site or remains.

R 111-4

The building permit may be refused on land that is not served by public or private roads under conditions that meet the importance or destination of the building or set of buildings envisaged, and in particular if the characteristics of these roads make it difficult to circulate or use firefighting equipment.

It may also be refused if accesses pose a risk to the safety of public road users or to that of people using these accesses. This safety must be assessed taking into account, in particular, the position of the accesses, their configuration and the nature and intensity of the traffic.

The issuance of the building permit may be subject to

a) To the construction of installations suitable for ensuring the parking outside of public roads of vehicles corresponding to the needs of the building to be built;

b) To the construction of private roads or any other special facilities necessary to comply with the safety conditions mentioned in second paragraph above.

The construction of more than one parking area per dwelling cannot be required during the construction of rental housing financed with a state-supported loan.

The obligation to build parking areas is not applicable to transformation or improvement work on buildings allocated to rental housing financed with a State-supported loan, including in the case where this work is accompanied by the creation of net non-work surface, up to a ceiling of 50% of the net off-work area existing before the start of the work.

The number of accesses to public roads may be limited in the interest of safety. In particular when the land is served by several lanes, constructions may only be authorized provided that access is established on the road where the inconvenience to traffic will be the least.

R 111-14-2

The building permit is issued in compliance with the environmental concerns defined in Article 1 of Law No. 76-628 of July 10, 1976 on the protection of nature. It may only be granted subject to the observant of special requirements, if the constructions, by their location, their destination or their dimensions, are likely to have harmful consequences for the environment.

R 111-15

The building permit may be refused or granted only subject to the observance of special requirements when, by their importance, location, and use of constructions would thwart the land use and urban planning action as it results from the provisions of the master plans concerning new agglomerations approved before 1^er October 1983 or, after that date, under the conditions provided for in b of Article of Article 122-22.

R 111-21

The building permit may be refused or granted only subject to the observances of special prescriptions if the constructions, by their location, their architecture, their dimensions, or the exterior appearance of the buildings or works to be built or to modify are likely to harm the character or interest of the surrounding places, sites, natural or urban landscapes, as well as the preservation of monumental perspectives.

Also applicable are, notwithstanding the provisions of this regulation, the provisions of Article R 315-28, 3rd paragraph, which specifies that:

"In all cases, the authorization to allotment may be refused or granted only subject to the observance of special requirements, on the basis of the provisions mentioned in Article R 111-1, when, in particular by the situation, shape or size of the lots, the operation is likely to harm the character or interest of neighboring places, natural or urban sites or landscapes".

Also remain applicable to the municipal territory, notwithstanding the provisions of the Land Use Plan:

• Articles L 111-9 and L 421-4 relating to the perimeters of declaration of public utility;

• Article L 111-10 relating to public works perimeters.

The requirements under the specific legislation concerning public utility easements (the list of these easements and their content are annexed in the file of the Land Use Plan) also constitute higher standards to which the provisions of the Land Use Plan are subject.

Are and remain applicable to the municipal territory:

• Articles of the Urban Planning Code or other legislation concerning:

• • Article 14

• • Article 15

If the continuation of research presents a public interest from the point of view of prehistory, history, art or archaeology, the excavations may only be continued by the State or after authorization of the State, under the conditions provided for in Chapters 1 and II of this decree.

Provisionally, the Minister of Cultural Affairs may order the suspension of research for a period of six months from the day of notification.

During this time, the land where the discoveries were made are considered classified and all the effects of the classification are applicable to them.

ARTICLE 3 DIVISION OF THE LAND INTO ZONES

The territory covered by the Land Use Plan (P.O.S.) is divided into urban areas (areas equipped or under equipment) and natural areas (less or not equipped areas).

URBAN AREAS are designated by the reference index U (zone UC, UD, ...)

NATURAL ZONES are designated by the reference index N (Zones 1NA, NB, NC, ND,... )

The plan also indicates:

ARTICLE 4 MINOR ADAPTATIONS