建築物의 用途規制에 관한 硏究

도시 토지의 효율적 이용과 공공복지를 위한 건축물 용도규제를 연구했다.

The land use regulation is formulated for the economic and effective reasons to use land in the planed city, and for the public welfare. From the beginning of the land use regulation, it did not seem to cause a serious trouble. As, however, the society was being developed, the problems, such as spoilt living environment, uncontrolled chaotic situation, have been stood out in the middle of a complicated and newly happened usage. Although the land use regulation has to be applied to use for purified and reasonable purposes, the misusages have been happened by misunderstanding the character of the building use and by lacking of standard for occupancy classification.

Hence, It is necessary to classify the occupancy and to properly divide them according to the land use regulation. This study has been done through considering about current the occupancy classification and the occupancy regulations as well as analyzing the range of specific building use characters in order to understand general use character. To reach following conclusions, the history of the building use in the land use regulation and the generalized standards have been studied. The building use in residential areas has been rearranged for analyzing the range of use in the studied district based on the occupancy regulation.

The conclusions follow: First, the occupancy regulation focus on the division between the approved and the disapproved usage. However, the occupancy, which has been being appeared and constantly changing as the society is developing rapidly, is likely to cause the worsen living environment owing to lack of legalized system to handle the current situation promptly and permission to use the similar establishment with the uniformed level. So the occupancy regulation based on the characteristics of areas should be adjusted to refine the building use in individual areas.

In spite of all needs, it has a difficulty in controlling the regional characteristic the occupancy regulation due to excessive the occupancy regulation in enforcement rules, compared with relaxed local Government Act. The building-usage limits should be mineralized in Enforcement Ordinance to formulate the occupancy regulation, which is adapted to regional specific characters, in rules made by Local Autonomous Entity. Second, in case those commercial business buildings are located along the side roads, most of domestic factories and warehouses are placed on the basement floor.

The official facility, the entertainment facility and the second sector facility of neighborhood convenience are placed in near residential areas, which has caused the mixture of building use. In another word, the partition between residential and commercial areas has become ambiguous. The mixture of commercial and residential areas has worsened the living environment. The occupancy regulation on the buffer space between two areas is required to prevent changing the building use easily. Third, 30% of general residential areas except space for educations, public welfares and gyms are along the roads which width is under 6m.

Among usage of spaces along the roads, under 6m or over 30m wide, there are most of offices, accommodations, amusement centers, and storage and disposal facilities for danger. On the other hand, along under 12m-width roads, domestic factories, warehouses, the second sector facility of neighborhood convenience, stores and cultural and meeting places are located, which shows that the residential area is polluted by commercial and harmful occupancy. Under current Act, based on the building-occupancy in the residential areas are divided two that are offices and commercial shops according to the road width.

Therefore, the modified system is required through adding more strict usage regulations to keep away from these Purposes, such as commercial, harmful building-occupancy in the residential areas according to the road width. Forth, the differences of the surface dimension occupancy are mentioned in the current surface dimension usage regulation in the residential area. The living facilities as the facility of neighborhood convenience have been decided the characters of small and mideum sized buildings within 500㎡ surface dimension.

Especially, understanding that the maximum permitted dimension is 1,000㎡, the usage of the first sector facility of neighborhood convenience, except general saunas, clinics, supermarkets and pharmacies, is distributed within 100㎡ and 200㎡, which means that the current dimension regulation seems to be lack of the reality in practice. Even though karaoke should not be supposed to be built in 150㎡ dimension of the residential area, it is widely ranged in 150㎡ of living area. The after management for illegally changed building-occupancy is required urgently. As a result of looking on above, refined and modified dimension occupancy regulation is requested in the residential area.

Fifth, a complex level is suggested for definition of the mutual building occupancy. In the occasion of the first sector facility of neighborhood convenience, a complex level of the building occupancy has a tendency to be grouped according to the same or similar occupancy. However, the second sector facility of neighborhood convenience is characterized with amusement centers as well as the commercial occupancy, which is for shops, offices and gyms. One hand, the commercial usage highly forms a complicated living area with the second sector facility of neighborhood convenience excluding cafes, comic book shops, video cafes and karaoke.

On the other hand, the commercial buildings are placed near harmfully misused buildings, except domestic factories and warehouse in the residential area. Although multi-purpose houses are unlikely to be built near commercial and harmful districts, generally speaking, commercially or harmfully used buildings in living areas tend to worse the residential area as the first and the second sector facility of neighborhood convenience.