Questão jurídica principal
Whether parking spaces covered with grass pavers count as green area under § 36 KBR.
Decisão extraída
No. Such parking spaces do not fulfill the function of ordinary green areas and are not to be counted as green area, even if they are humusated or planted.
Fundamentação extraída
After the cantonal building regulations entered into force, green area had to be determined exclusively under § 36 KBR. That provision may allow certain humusated or planted areas above basement structures to be credited as green area only when they serve the purpose of ordinary green areas and have the corresponding effect. Open-air parking spaces do not meet that purpose or effect.