Ministerial Decree 2 April 1968, n.1444

90

Ministerial Decree 2 April 1968, n.1444

(G.U. 16-4-1968, n.97)

INVIOLABLE LIMITS OF BUILDING DENSITY, HEIGHT, DISTANCE BETWEEN BUILDINGS AND MAXIMUM RATIOS BETWEEN SPACES RESERVED FOR RESIDENTIAL AND PRODUCTION SETTLEMENTS AND PUBLIC SPACES OR RESERVED FOR COLLECTIVE ACTIVITIES, GREEN AREAS OR PARKINGS TO BE OBSERVED FOR THE PURPOSE OF FORMING THE NEW URBAN PLANNING INSTRUMENTS OR REVISING THE EXISTING ONES, PURSUANT TO ARTICLE 17 OF LAW 6 AUGUST 1967, N.765.

Article 1. FIELD OF APPLICATION

The provisions that follow apply to new general urban plans and related detailed plans or joint lottizations; to new building regulations with annexed building program and related joint lottizations; to revisions of existing urban planning instruments.

Article 2. HOMOGENEOUS TERRITORIAL ZONES

The following are considered homogeneous territorial zones, for the purposes of and for the effects of article 17 of law 6-8-1967, n.765:

  • a) the parts of the territory affected by urban agglomerations that have a historic, artistic or particular environmental character or by portions of them, including the surrounding areas, which can be considered an integral part, for such characteristics, of the agglomerations themselves;
  • b) the parts of the territory totally or partially built up, other than zones a): partially built-up areas are considered to be those in which the built-up area of existing buildings is not less than 12.5% (an eighth) of the land area of the zone and in which the territorial density is higher than mc/mq.1.5;
  • c) the parts of the territory intended for new residential complexes, which are unbuilt or in which the pre-existing development does not reach the limits of surface and density referred to in the previous letter b);
  • d) the parts of the territory intended for new industrial or similar establishments;
  • e) the parts of the territory intended for agricultural use, except those in which – subject to the maintenance of the agricultural character of the same – the fragmentation of property requires developments to be considered as zones c);
  • f) the parts of the territory intended for equipment and facilities of general interest.

Article 3. MAXIMUM RATIOS BETWEEN SPACES RESERVED FOR RESIDENTIAL SETTLEMENTS AND PUBLIC SPACES OR RESERVED FOR COLLECTIVE ACTIVITIES, GREEN AREAS OR PARKINGS

For residential settlements, the maximum ratios referred to in the last paragraph of article 17 of law n.765 are set at a level that ensures 18 square meters of public or reserved space for collective activities, green areas or parking for each inhabitant – settled or to be settled -, excluding spaces for road networks.

This overall amount must be divided, as a rule, in the following way:

  • 4.5 square meters of areas for education: nurseries, kindergartens and compulsory education schools;
  • 2 square meters of areas for common equipment: religious, cultural, social, welfare, health, administrative, for public services (post offices and telegraphs, civil protection, etc.) and others;
  • 9 square meters of public areas equipped for parks and for play and sports, actually usable for such facilities, excluding green strips along the roads;
  • 2.5 square meters of areas for parking (in addition to the parking areas provided for in article 18 of law n.765): these areas – in special cases – may be distributed on different levels.

For the purposes of observing the above-mentioned ratios in the formation of urban planning instruments, it is assumed that, unless otherwise demonstrated, 25 square meters of gross habitable area (equivalent to approximately mc.80 empty for full) correspond, on average, to each inhabitant settled or to be settled, possibly increased by a quota not exceeding 5 square meters (equivalent to approximately mc.20 empty for full) for destinations that are not specifically residential but closely linked to residences (shops for basic necessities, collective services for dwellings, professional studies, etc.).

Article 4. MINIMUM AMOUNTS OF PUBLIC SPACES OR RESERVED FOR COLLECTIVE ACTIVITIES, GREEN AREAS OR PARKINGS TO BE OBSERVED IN RELATION TO RESIDENTIAL SETTLEMENTS IN THE INDIVIDUAL HOMOGENEOUS TERRITORIAL ZONES

The overall amount of spaces defined in the previous article is subject, for the different homogeneous territorial zones, to the articulations and variations as set out below in relation to the diversity of objective situations.

  1. Zones A): if the municipal administration proves that it is impossible – due to lack of available land, or for reasons of environmental protection and safeguarding the characteristics, conformation and functions of the zone itself – to reach the minimum quantities referred to in the previous article 3, it must specify how the needs of the relevant services and facilities are otherwise met.
  2. Zones B): when it is demonstrated that it is impossible – after deducting the needs that have already been met – to reach the aforementioned minimum quantity of spaces on suitable land, such spaces must be found within the limits of existing availability in the immediate vicinity, or on land that is accessible taking into account the influence radii of the individual facilities and the organization of public transport. The areas that will be used for the spaces referred to in the previous article 3 within the zones A) and B) will be counted, for the purposes of determining the minimum quantities prescribed by the same article, at double the actual amount.
  3. Zones C): the minimum quantity of spaces must be fully ensured. In municipalities for which the population forecast by the urban planning instruments does not exceed 10,000 inhabitants, the aforementioned minimum quantity of space is set at 12 square meters, of which 4 square meters are reserved for school equipment referred to in letter a) of article 3. The same provision applies to residential settlements in municipalities with a population forecast of more than 10,000 inhabitants, when they are new residential complexes for which the land density does not exceed mc/mq.1. When zones C) are contiguous or in direct visual relationship with particular natural features of the territory (such as coastal areas, lakes, lagoons, important waterways; as well as significant orographic features) or with historical-artistic and archaeological pre-existences, the minimum quantity of space referred to in point c) of the previous article 3 remains set at 15 square meters: this provision does not apply when the zones are contiguous to national port facilities.
  4. Zones E): the minimum quantity is set at 6 square meters, to be reserved in total for the equipment and services referred to in the letters a) and b) of the previous article 3.
  5. Zones F): the spaces for public equipment of general interest – when it is found necessary to provide for such equipment – must be provided in an amount not less than that indicated below in relation to the population of the territory served:
  • 1.5 square meters per inhabitant for equipment for education beyond compulsory education (universities excluded);
  • 1 square meter per inhabitant for health and hospital equipment;
  • 15 square meters per inhabitant for public parks in urban and territorial areas.

Article 5. MAXIMUM RATIOS BETWEEN SPACES RESERVED FOR PRODUCTION SETTLEMENTS AND PUBLIC SPACES RESERVED FOR COLLECTIVE ACTIVITIES, GREEN AREAS OR PARKINGS

The maximum ratios referred to in article 17 of law n.765, for production settlements, are defined as follows:

  1. In new industrial or similar establishments located in zones D), the surface area to be allocated to public spaces or for collective activities, green areas or parking (excluding road networks) must not be less than 10% of the entire area allocated to such establishments;
  2. In new commercial and office developments, for 100 square meters of gross floor area of buildings planned, a minimum quantity of 80 square meters of space must be provided, excluding road networks, of which at least half must be used for parking (in addition to those provided for in article 18 of law n.765); this quantity is halved for zones A) and B), provided that adequate complementary facilities are provided.

Article 6. LACK OF AVAILABLE AREAS

Municipalities that are unable, due to lack of available areas, to comply fully with the rules established for the various homogeneous territorial zones by the previous articles 3, 4 and 5 must demonstrate such unavailability also for the purposes of article 3 letter d) and article 5, no. 2 of law n.765.

Article 7. BUILDING DENSITY LIMITS

The inviolable limits of building density for the various homogeneous territorial zones are established as follows:

  1. Zones A):
  • for renovation and other conservative transformations, the building densities of zones and plots must not exceed those pre-existing, calculated without taking into account superstructures of recent times devoid of historical-artistic value;
  • for any new buildings allowed, the plot density must not exceed 50% of the average plot density of the zone and, in no case, 5 cubic meters per square meter.
  1. Zones B): the plot densities and territorial densities are established in the formation of urban planning instruments, taking into account hygiene needs, urban decongestion and the minimum quantities of spaces provided for in articles 3, 4 and 5. If the plan provisions allow transformations for individual buildings by demolition and reconstruction, plot densities of more than 5 cubic meters per square meter are not allowed.
  2. Zones C): the plot density limits for zones C) will be determined by the combined application of the provisions of articles 3, 4 and 5 and those of articles 8 and 9, as well as by the plot density indices that must be established in the formation of urban planning instruments, for which no specific limits are set.
  3. Zones E): a maximum plot density of 0.03 cubic meters per square meter is prescribed for dwellings.

Article 8. BUILDING HEIGHT LIMITS

The maximum building heights for the various homogeneous territorial zones are established as follows:

  1. Zones A):
  • for renovation and other conservative transformations, it is not permitted to exceed the heights of the pre-existing buildings, calculated without taking into account superstructures or superstructures added to the ancient structures;
  • for any new buildings that are allowed, the maximum height of each building cannot exceed the height of the surrounding buildings of historical-artistic character.
  1. Zones B): the maximum height of new buildings cannot exceed the height of the pre-existing and surrounding buildings, with the exception of buildings that are the subject of detailed plans or joint lottizations with three-dimensional forecasts, provided that they comply with the plot density limits of article 7.
  2. Zones C): adjacent or in direct visual relation to zones of type A): the maximum heights of new buildings cannot exceed heights compatible with those of the buildings in the aforementioned zones A)
  3. Buildings located in other zones: the maximum heights are established by the urban planning instruments in relation to the distance between buildings regulations of the following article 9.

Article 9. DISTANCE LIMITS BETWEEN BUILDINGS

The minimum distances between buildings for the various homogeneous territorial zones are established as follows:

  1. Zones A): for renovation and reconstruction operations, the distances between buildings must not be less than those between the pre-existing built-up volumes, calculated without taking into account additional constructions of recent times and devoid of historical, artistic or environmental value.
  2. New buildings located in other zones: a minimum absolute distance of 10 meters is prescribed in all cases between windows and walls of buildings opposite each other.
  3. Zones C): in addition, a minimum distance of equal to the height of the highest building is also prescribed between windows of buildings opposite each other; the rule also applies when only one wall is windowed, if the buildings face each other for a development of more than 12 meters. The minimum distances between buildings – between which roads intended for vehicular traffic are interposed (excluding dead-end roads serving individual buildings or settlements) – must correspond to the width of the road surface plus:
  • 5 meters per side, for roads with a width of less than 7 meters;
  • 7.50 meters per side, for roads with a width of between 7 and 15 meters;
  • 10 meters per side, for roads with a width of more than 15 meters. If the distances between buildings, as calculated above, are less than the height of the highest building, the distances are increased to reach the measurement corresponding to the height itself. Distances lower than those indicated in the previous paragraphs are allowed in the case of groups of buildings that are the subject of detailed plans or joint lottizations with three-dimensional forecasts.