Question juridique clé
Whether the Obergericht unlawfully reinterpreted Art. 21 BauO and violated municipal autonomy by changing the measurement method for roof height and gable area.
Solution extraite
The clear wording of Art. 21 Abs. 1 lit. a BauO requires measurement on the gable side; the court may not replace this with a different, unwritten method based on roof orientation or apparent building volume.
Motifs extraits
The cantonal court departed from the clear text without basis in the ordinance. Neither context nor comparison with attic-storey rules justified a rule that roof spaces must remain visually recognizable as roof storeys. The new threshold-based switch in measurement lacked an express legal basis and was therefore arbitrary.