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1. Building Restriction
〈article 20、 21)〉
Building Restriction according to Section 84 of the Building Standards Law
In the disaster afflicted urban area, Section 84 of the Building Standards Law was applied to areas where a large number of buildings were destroyed or burnt, so as to zone districts for enforcing rebuilding restrictions. The building restriction according to Section 84 was enforced on the 1st of February in Kobe City (six districts) and Takarazuka City and Hokutan-cho.
According to Section 84 of the Building Standards Law, in the case of an urban area disaster, building can be restricted or prohibited for one month (extendable by one month) from the occurrence of the disaster when specific administrative agencies (that is, Hyogo prefecture and Kobe city at this time) conclude that the restriction or prohibition is required for any project designated by Urban Planning Law such as land readjustment project.
In the disaster afflicted urban area, it was necessary, immediately after the earthquake, to understand the actual damages in order to take emergency measures, as well as to frame restoration and rehabilitation plans. In areas where buildings were badly damaged and infrastructure such as roads and parks was inadequate, there was a premise that some city planning or statutory project would be needed in order to avoid disordered urban rebuilding. For this purpose, building restrictions were enforced in such areas.
Building restriction and city planning for recovery:
In Kobe City, recovery draft plans for the six building-restricted districts were proposed in "Disaster Rehabilitation Machizukuri News (No. 3)" on the 23rd of February. On the 17th of March, the land readjustment projects and urban redevelopment projects in the building-restricted districts of the respective afflicted cities were decided through the city planning councils (city planning council consists of representative of city council members and specialists on planning) of the cities and prefecture. At the same time as these areas were designated, they were zoned as "recovery promotion distracts" in accordance with Hisai Shigaichi Fukko Tokubetsu Sochi-ho (special law for the disaster afflicted urban area).
Building could be restricted also in accordance with the Hisai Shigaichi Fukko Tokubetsu Sochi-ho (enforced on the 26th of February), but the cities determined to apply the existing Building Standard Act and did not adopt the restriction by recovery promotion district zoning according to the Tokubetsu Sochi-ho (in which building restriction for two years is prescribed).
Restriction according to the Urban Planning Law:
In general, any building that follows the Building Standard Law and some local regulations are allowed to be built with notification to the office. According to Section 53 of the Urban Planning Law, however, it is necessary to acquire permission to construct a building within a district covered by a city planning project after designated in accordance with Urban Planing Law. Construction is generally restricted, but a wooden house having one or two stories and no basement can be constructed. As a result, more than a few houses have been rebuilt in some areas of the project districts, which can affect a replotting plan for land readjustment and the project cost of the city planning projects.
(cf. IV. "3. Land readjustment project", "4. Urban redevelopment project")
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