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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 02:20
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Chapter Law Content

Title: Urban Planning Act CH
Category: Ministry of the Interior(內政部)
Chapter III: Land Use Control and Zoning
Article 32
Urban plans shall include demarcation of residential, commercial, and industrial districts and zones for other or designated purposes may also be demarcated according to the circumstances.
Depending on the circumstances, the districts for different purposes described in the preceding paragraph may be subdivided and different levels of land use control shall be applied.
Article 33
According to the geographic conditions, the current use, or military security needs, agricultural or conservation districts may be defined and building use in such areas shall be restricted.
Article 34
Residential district shall be demarcated with protection of living environment taken into consideration. The use of land and buildings in such areas may not impede the living amenity, safety and sanitation in such areas.
Article 35
Commercial district shall be demarcated with promotion of business development taken into consideration. The use of land and buildings may not impede the business activities in such areas.
Article 36
Industrial district shall be demarcated with facilitation of industrial development. The use of land and buildings shall be mainly for industrial activities. Factories with potential hazards and likely to create pollution shall be contained in designated industrial zones.
Article 37
The use of land and buildings in districts for administrative, cultural and educational, and scenic purposes shall be in line with the corresponding regulations.
Article 38
The use of land and buildings inside special exclusive district may not be in violation of the designated purposes stipulated.
Article 39
The Ministry of the Interior or the concerned government of special municipality may act according to the local conditions and stipulate in the enforcement rules of this Act regulations regarding the use of land and buildings inside the various areas and designated areas covered by each urban plan, the base area or the proportion of vacant lots within the base area, the floor area ratio, the depth and width of the front, back and side yards, the parking lots and building heights, as well as matters in relation to transportation, landscapes and fire safety.
Article 40
After an urban plan is announced and implemented, building administration shall be executed according to the Building Act.
Article 41
After an urban plan is announced and implemented, the existing buildings within the area that are incompliant with the zoning regulations may undergo reparation but annexation or reconstruction shall be disallowed. If deemed necessary, the concerned government of special municipality, county/city , or township may act according to the conditions and order the owners of such buildings to change the classification or relocate within a given period. The said authority shall make appropriate compensation for damages incurred from the said change of classification or relocation. Both sides shall negotiate to determine the amount of compensation. If both sides fail to reach consensus, the concerned government of special municipality or county/city shall request the Ministry of the Interior in writing to make the decision.
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