Kernrechtsfrage
Whether the planned garage workshop with limited sales and fuel-pump operation was zoned-conforming as a non-disturbing business in a residential zone.
Extrahierter Entscheid
The project was zoned-conforming under § 30(1) BauG because 'non-disturbing' must be interpreted in context and in light of local planning and actual immissions; the proposed small-scale garage was sufficiently immission-light.
Extrahierte Begründung
A strict literal reading would unrealistically exclude all mixed uses from residential zones. The court held that the term must be concretized case by case, considering local circumstances, existing building and immission conditions, and visible development trends. In Egerkingen, the relevant residential strip was not a quiet residential zone; traffic and surrounding development showed a more burdened environment. Given the restrictive permit conditions, the garage remained a small, low-immission business.