However, the land use plan has no direct legal effect on citizens, i.e. citizens cannot refer to the representations in the land use plan and, for example, demand the designation of building land at a certain location.
A project in an unplanned inner area (Section 34 BauGB) cannot be objected to on the basis of the land use plan. The situation is different for projects in outdoor areas as defined by Section 35 BauGB, where the land use plan as a "public interest" usually represents an insurmountable hurdle for many projects.
The land use plan (in the version of the 23rd amendment) was adopted by the town council of Kitzingen on 21 April 2005 after a planning process lasting several years. This plan was approved by the responsible authority, the government of Lower Franconia, on 4 October 2005.
By resolution of 30 September 2014, the Kitzingen Town Council approved the 2014 digital update, including various partial amendments made in recent years, in accordance with Section 6(6) of the BauGB.
Procedure for revising the land-use plan
The town of Kitzingen is currently carrying out the process of revising its land-use plan. The aim of this revision is to create a new, integrated planning framework covering a planning horizon up to around 2035/2040. The process takes into account both the city as a whole and the specific development needs and potential of the individual districts. The aim is to develop a sustainable and forward-looking preparatory urban development plan that takes equal account of urban planning, economic, social and landscape planning considerations.
At the City Council meeting on 26 February 2026, a decision was taken to revise the land-use plan, following which an early consultation process was carried out with the public and relevant public bodies. The consultation period ended on 4 May 2026.
The comments received are currently being reviewed, analysed and prepared for the impact assessment. In addition, the planning documents are being reviewed in the light of the comments received and amended where necessary.
The revised draft of the land-use plan will then be resubmitted to the city council for approval. Once approved, the formal consultation process with the public and relevant public bodies will take place.
Note
: A separate notice regarding this matter is published in the digital official gazette of the town of Kitzingen.
Provided no further changes are made, the draft land-use plan can be submitted to the city council for adoption as a by-law.
Please do not hesitate to contact us if you have any queries regarding the procedure.
