Kernrechtsfrage
Whether a massage salon in the residential zone is permissible as a non-disturbing business under § 30 PBG.
Extrahierter Entscheid
No. A massage salon is not a non-disturbing business in the sense of § 30 PBG because it lacks any functional connection to residential needs and its typical side effects displace residential use.
Extrahierte Begründung
The court applied a functional zoning test alongside an abstract immissions assessment. Although traffic and parking were acceptable, the sex-related business generated ideological immissions, affected neighborhood reputation, reduced housing attractiveness, and in the concrete case had already displaced residential and office use. This undermined the municipality's zoning plan.