Construction law HBO
Dear Sir or Madam,
I live in Hessen in an area designated for weekend homes that serve recreational purposes (Kelkheim). There is a building limit of 3 meters. I applied for an exception permit for a wrought iron fence at the district building office, as the city's 2006 zoning plan allows wire fences up to a height of 2 meters. The requested height ranged from 1.40 cm to 1.90 cm, and an exception permit was granted. However, the installed fence exceeds the 2-meter height limit by 5-15cm due to some decorative elements. In the driveway, the fence is supported by 4 Doric columns made of concrete, while 4 natural stone pillars were requested. The columns are 2.40 meters high. We are currently under a construction stop, pending a legal appeal. Initially, the head of the district building office suggested that the columns could remain with their 40 cm overhang if approved by the mayor. However, it was suddenly proposed to amend the zoning plan (which is not possible!). The entire column structure is intended to be adorned with bronze animals that "correspond" with each other, along with verses from philosophers and poets exploring the human-animal relationship.
Now, my question:
According to the Hessian Building Regulations Annex 2 13.2, can I not create this, for me, "total work of art" without official authorization? The term monument is not specifically defined in building law, only monument protection. If I consider the general function of a monument, it should stimulate reflection on topics that interest or should interest the public. Additionally, the annex states that monuments... and similar!! structures up to a height of 4 meters, excluding buildings. Who determines whether this is a monument or at least a similar structure?? Neither the involved architects nor my lawyers can provide me with any meaningful information on this. The issue is that we have a conflict with the district building office, as a separate procedure regarding the keeping of 2 horses on my property has been ongoing for 3 years (quote from building office: "You can submit whatever you want, we will not approve it"). Therefore, assistance from another entity or authority would be helpful.
I am a veterinarian, and my alternative career choice (besides being unprofitable) would have been as an artist.
Can you advise me on how to avoid having to shorten the columns to 2 meters in height? Regarding the area's character: Otherwise, there is anarchy here, with all sorts of fences, some of which are clearly too high (I know: the wrongdoing of others does not justify one's own, but still...).
Thank you for your efforts, best regards.
