Commentaries: Art. 24cbis

In areas traditionally built as scattered settlements the size of which is defined in the cantonal structure plan and in which it is planned to increase permanent settlement with a view to achieving the desired spatial development, the cantons may permit:
1. a change in use of existing buildings that contain containing residential units to non-agricultural residential use, provided that they are occupied year-round following the change;
2. a change in use of existing buildings or complexes of buildings that contain residential units to use as local small business premises; local small businesses include in particular cheese dairies, carpentry workshops, mechanical workshops, metalworking shops, retail stores, and public houses; as a general rule, the commercial portion may not occupy more than half of the building or building complex.
Permits pursuant to this Article shall only be grated if:
1. the building is no longer required for the previous purpose that was in conformity with zone requirements or site-specific, or it is guaranteed that it will continue to serve this purpose;
2. the new use will not result in the unnecessary construction of a replacement building;
3. the external appearance and the basic structure of the building remain essentially unchanged;
4. no more than a minor extension of existing infrastructure is necessary and all infrastructure costs incurred as a result of the complete change of purpose of the buildings and installations will be passed on to their owners;
5. the agricultural cultivation of the surrounding land is not endangered; and
6. there are no overriding interests to the contrary.
In scattered settlement areas in accordance with paragraph 1, an access road may be permitted for buildings that were occupied year-round on 1 January1980 and which are protected in their current state pursuant to Article 24c , provided they are occupied year-round. The access road must be limited in its structure to the minimum and must not seal the ground. On steep slopes, a sealed road surface may be permitted for safety purposes along the entire road or in certain sections.

Art. 24cbis

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