Table of Contents

City of Cape Town Municipal Planning By-Law, 2015

  1. Chapter 1 – Definitions
    1. 1. Definitions
  2. Chapter 2 – Application of this by-law and conflict of laws
    1. 2. Application of this By-Law and conflict of laws
  3. Chapter 3 – Spatial planning
    1. Part 1 – Introductory provisions concerning spatial development frameworks
      1. 3. Spatial development frameworks
    2. Part 2 – The municipal spatial development framework
      1. 4. Process for drafting the municipal spatial development framework
      2. 5. Process for amending the municipal spatial development framework
      3. 6. Decision on the adoption or amendment of the municipal spatial development framework
      4. 7. Submission of municipal spatial development framework to Provincial Minister
      5. 8. Publication of the adopted or amended municipal spatial development framework
      6. 9. Status of the municipal spatial development framework
      7. 10. Review of the municipal spatial development framework
    3. Part 3 – District spatial development frameworks and local spatial development frameworks
      1. 11. District spatial development frameworks
      2. 12. Local spatial development frameworks
      3. 13. Process for drafting or amending a district spatial development framework or a local spatial development framework
      4. 14. Decision on the adoption or amendment of a district spatial development framework or a local spatial development framework
      5. 15. Publication of the adopted or amended district spatial development framework or local spatial development framework
      6. 16. Status of a district spatial development framework and a local spatial development framework
      7. 17. Review of a district spatial development framework or a local spatial development framework
      8. 18. Withdrawal of a district spatial development framework or a local spatial development framework
    4. Part 4 – General provisions concerning spatial planning
      1. 19. Record of and access to spatial development frameworks
      2. 20. Structure plans
      3. 21. Policies to guide decision making
      4. 22. Record of deviations from spatial development frameworks
      5. 23. Spatial development frameworks applicable to land incorporated into the geographic area of the City
  4. Chapter 4 – Development management
    1. Part 1 – Zoning scheme
      1. 24. Zoning
      2. 25. Zoning scheme
      3. 26. Development management scheme
      4. 27. Review of development management scheme
      5. 28. Zoning map
      6. 29. Adoption, amendment and substitution of zoning map
      7. 30. Error in zoning map
      8. 31. Status of zoning map and exemption of City from liability for any error
      9. 32. Zoning register
      10. 33. Access to the zoning map and zoning register
      11. 34. Continuation of zoning schemes
    2. Part 2 – Use right and non-conforming use
      1. 35. Use right
      2. 36. Determination of zoning
      3. 37. Non-conforming use
    3. Part 3 – General lapsing provision
      1. 38. General lapsing provision
  5. Chapter 5 – General requirements for an application
    1. 39. Applications
    2. 40. Persons who may make application in terms of this By-Law
    3. 41. Continuation of application by new owner
    4. 42. Types of applications
    5. 43. Provisions which govern an application
  6. Chapter 6 – Special provisions for certain applications
    1. Part 1 – Rezoning, departure and consent use
      1. 44. Rezoning
      2. 45. Departure
      3. 46. Consent use
      4. 47. Lapsing of rezoning, consent use or departure
    2. Part 2 – Restrictive conditions
      1. 48. Removal, suspension or amendment of restrictive conditions
      2. 49. Endorsements in connection with alterations, suspensions or removals of restrictions or obligations
    3. Part 3 – Consolidation
      1. 50. Consolidation and construction of buildings
      2. 51. Lapsing of consolidation
    4. Part 4 – Subdivision
      1. 52. Approval of subdivision
      2. 53. Approval of general plan or diagram by Surveyor General
      3. 54. Transfer of land unit arising out of approved subdivision
      4. 55. Confirmation of subdivision
      5. 56. Lapsing of subdivision and extension of validity periods
      6. 57. Land for public places and other uses
      7. 58. Ownership of public places and land required for municipal engineering services and community facilities
      8. 59. Servitude in respect of services arising from subdivision
      9. 60. Amendment or cancellation of plan or subdivision
    5. Part 5 – Owners’ association
      1. 61. Establishment and operation of an owners’ association
      2. 62. Constitution of an owners’ association
      3. 63. Owners’ association which fails to meet an obligation or ceases to function
    6. Part 6 – Engineering services
      1. 64. Definitions in this Part
      2. 65. Responsibility for engineering services
      3. 66. Development charge
    7. Part 7 – Exemption of certain subdivisions and consolidations from the need for approval
      1. 67. Exemption of certain subdivisions and consolidations from the need for approval
    8. Part 8 – Emergency housing and urgent housing
      1. 68. Emergency housing
      2. 69. Urgent housing
  7. Chapter 7 – General procedures for all applications
    1. Part 1 – Making an application
      1. 70. Pre-application consultation
      2. 71. Information required
      3. 72. Application fee
      4. 73. Refusal to accept an application
      5. 74. Acceptance of application and call for additional information
      6. 75. Additional information
      7. 76. Complete application
      8. 77. Withdrawal of application
      9. 78. Duties of an applicant
    2. Part 2 – Notice and comment
      1. 79. Notice of application
      2. 80. Content of notice
      3. 81. Notice in the media
      4. 82. Notice to a person
      5. 83. Notice to a representative
      6. 84. Notice of no objection
      7. 85. Deemed notice to owners in a sectional title development
      8. 86. Notice to the Provincial Government
      9. 87. Notice to an organ of state other than the Provincial Government
      10. 88. Internal circulation
      11. 89. Intervener
      12. 90. Objection to an application
      13. 91. Petition
      14. 92. Response from the applicant
      15. 93. Amendment of application before decision
      16. 94. Further notice
      17. 95. Access to information about an application
    3. Part 3 – Process and criteria for deciding application
      1. 96. Power to conduct inspection
      2. 97. Assessment of application
      3. 98. Determination of application
      4. 99. Criteria for deciding application
      5. 100. Conditions of approval
      6. 101. Further conditions and amendment of conditions
      7. 102. Timeframe for making a decision
      8. 103. Failure to decide timeously
    4. Part 4 – Decision
      1. 104. Requirement for writing and notification of decision
      2. 105. Effective date of decision
      3. 106. Errors and omissions
    5. Part 5 – Extension of validity of an approval
      1. 107. Extension of validity of an approval
    6. Part 6 – Appeal
      1. 108. Appeal
      2. 109. Procedure for appeal
    7. Part 7 – Prescribed requirements and notification
      1. 110. Prescribed requirements for applications
      2. 111. Method and date of notification
      3. 112. Costs of notification
    8. Part 8 – Integrated decisions
      1. 113. Notice in terms of integrated procedure
  8. Chapter 8 – Decision-makers
    1. 114. Decision-makers
    2. 115. Establishment of Municipal Planning Tribunal
    3. 116. Term of office for members of the Municipal Planning Tribunal
    4. 117. Conditions of service and Code of Conduct of the Municipal Planning Tribunal.
    5. 118. Indemnity and Legal Representation
    6. 119. Vacancy or removal of a member
    7. 120. Functioning of Municipal Planning Tribunal
    8. 121. Advisory panel
    9. 122. Technical adviser
  9. Chapter 9 – Enforcement
    1. Part 1 – Introductory provisions for this Chapter
      1. 123. Definitions in this Chapter
      2. 124. Choice of enforcement measure
    2. Part 2 – Complaint
      1. 125. Complaint
    3. Part 3 – Civil enforcement
      1. 126. Compliance notice
      2. 127. Withdrawal of approval
      3. 128. Directive
      4. 129. Administrative penalty
      5. 130. Rectification of contravention
      6. 131. Enforcement litigation
      7. 132. Urgent matter
    4. Part 4 – Criminal enforcement
      1. 133. Offences and penalties
      2. 134. Prosecution of corporate body and partnership
    5. Part 5 – Enforcement and investigative powers of an investigator
      1. 135. Powers and functions of an investigator
  10. Chapter 10 – Naming and numbering of streets
    1. 136. Naming and numbering of streets
  11. Chapter 11 – Transfer certificate
    1. 137. Transfer certificate
  12. Chapter 12 – General administrative provisions
    1. 138. Policies, procedures, prescriptions, standards, requirements and guidelines
    2. 139. Delegations
    3. 140. Exemption
    4. 141. Liability of the City
    5. 142. Savings and transitional provisions
    6. 143. Short title and commencement

City of Cape Town Municipal Planning By-Law, 2015

  1. [Amended by City of Cape Town: Municipal Planning Amendment By-law, 2016 on 1 July 2016]
  2. [Amended by City of Cape Town: Municipal Planning Second Amendment By-law, 2016 on 18 November 2016]
  3. [Amended by City of Cape Town: Municipal Planning Amendment By-law, 2017 on 12 May 2017]
WHEREAS section 156(1) of the Constitution of the Republic of South Africa, 1996 confers on municipalities the executive authority and right to administer local government matters set out in (Act 16 of 2013) and the Western Cape Provincial Legislature has enacted the Land Use Planning Part B of Schedule 4 and Part B of Schedule 5 to the Constitution;WHEREAS Part B of Schedule 4 to the Constitution lists municipal planning as a local government matter;WHEREAS section 156(2) of the Constitution empowers municipalities to make and administer laws for the effective administration of matters that it has the right to administer;WHEREAS Parliament has enacted the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and the Western Cape Provincial Legislature has enacted the Land Use Planning Act (Act 3 of 2014), which among other things set out development principles which apply to all organs of state responsible for the implementation of legislation regulating the use and development of land;WHEREAS section 2(2) of the Spatial Planning and Land Use Management Act (Act 16 of 2013) permits other legislation to prescribe an alternative or parallel mechanism, measure, institution or system on spatial planning, land use, land use management and land development in a manner consistent with the provisions of that Act, and the City intends through this By-Law to prescribe such a mechanism, measure, institution and system;WHEREAS the City intends to regulate and control municipal planning matters within the geographical area of the City.AND NOW THEREFORE, BE IT ENACTED by the Council of the City of Cape Town as follows:

Chapter 1
Definitions

1. Definitions

In this By-Law, unless the context indicates otherwise –"adopt", in relation to a spatial development framework, development management scheme, policy or strategy, means the approval thereof by the City;"advisory panel" means the advisory panel contemplated in section 121;"appeal authority" means the appeal authority contemplated in section 114(3);"applicant" means a person contemplated in section 40;"approval" means permission granted in terms of this By-Law and includes the conditions of approval;"authorised official" means an employee of the City responsible for carrying out any duty or function or exercising any power in terms of this By-Law and includes an employee delegated or designated to carry out or exercise such duty, function or power;"base zoning" means the zoning before the application of any overlay zoning and may include a subzoning as contemplated in the development management scheme;"City" means the municipality of the City of Cape Town established by Government Notice No 479 of 2000 issued in terms of section 12 the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and where the context so requires, includes –(a)the Municipal Council;(b)another political structure or a political office bearer of the City, authorised or delegated to perform a function or exercise a power in terms of this By-Law;(c)the Municipal Planning Tribunal authorised or delegated to perform a function or exercise a power in terms of this By-Law;(d)the City Manager; and(e)an authorised official;"City Manager" means the person appointed as the accounting officer of the City in terms of section 54A of the Municipal Systems Act;"commencement of construction" means to have begun a continuous programme of physical, on-site construction in accordance with building plans approved in terms of the National Building Regulations and Building Standards Act, 1977, and which has gone beyond site clearing, excavation or digging trenches in preparation for foundations;"community facilities" includes play equipment, street furniture, crèches, clinics, sports fields, indoor sports facilities and community halls;"consent use" means a land use permitted in terms of a particular zoning with the approval of the City;"councillor" means a member of the Municipal Council;"date of notification" means the date contemplated in section 111(6);"Deeds Registries Act" means the Deeds Registries Act, 1937 (Act 47 of 1937);"Department" means the directorate of the City responsible for spatial planning, land use management and building development management;"departure" means a permanent departure or a temporary departure;"determination" includes any conditions associated with the determination;"development charge" means a once-off charge imposed by the City on a developer as a condition of approval of a land development application in order to cover the cost of municipal engineering services required as a result of an intensification of land use;"development edge line" means a demarcated edge line as depicted in the municipal spatial development framework;"development management scheme" means the development management scheme contemplated in section 26(2);"development rule" means a provision, restriction or condition in the development management scheme that sets out the permissible extent of the land use in terms of a zoning;"deviation" in relation to a spatial development framework, means(a)an approval which departs from the provisions of the municipal spatial development framework contemplated in section 22(2) of SPLUMA;(b)a deviation from the provisions of the municipal spatial development framework authorised by section 9(1) of this By-Law; or(c)a deviation from the provisions of a district spatial development framework or local spatial development framework authorised by section 16(2)(b) of this By-Law;and "deviate" has a corresponding meaning;"diagram" means a diagram as defined in section 1 of the Land Survey Act;"district spatial development framework" means a district spatial development framework contemplated in section 11;"effective date of decision" means the date contemplated in section 105(2);"engineering service" means a system for the provision of water, electricity, gas, roads or storm water drainage, or collection and removal of solid waste or sewerage, required for the purpose of land development;"engineering services agreement" means an agreement between an applicant and the City in cases where an applicant constructs or installs external engineering services in lieu of the payment in full or in part of a development charge and in which the parties agree on their respective roles in the construction, installation and financing of infrastructure, including their respective responsibilities for maintenance and upkeep of infrastructure from the date of installation to the date of transfer of the land;"general plan" means a general plan as defined in section 1 of the Land Survey Act;"Integrated Development Plan" means the plan envisaged in section 25 of the Municipal Systems Act;"land development" means the erection of a building or structure on land or the change in use of land, including township establishment, the rezoning, the subdivision or consolidation of land or any deviation from the land use or use permitted in terms of the development management scheme, and "development of "land" and "develop land" have corresponding meanings;"land" means any land unit or any portion of a land unit, and includes any improvement or building on the land and any real right in land;"land unit" means a portion of land registered or capable of being registered in a deeds registry and includes a portion of land to which a registered servitude right or registered lease relates;"land use" means the purpose for which land is or may be used lawfully in terms of the development management scheme;"Land Use Planning Act" means the Western Cape Land Use Planning Act (Act 3 of 2014);"Land Survey Act" means the Land Survey Act, 1997 (Act 8 of 1997);"local spatial development framework" means a local spatial development framework contemplated in section 12;"Mayor" means the Executive Mayor of the City;"Municipal Council" means the Municipal Council of the City;"Municipal Planning Tribunal" means the Municipal Planning Tribunal referred to in section 114;"municipal spatial development framework" means the municipal spatial development framework adopted by the City in terms of Chapter 5 of the Municipal Systems Act;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (32 of 2000);"National Building Act" means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);"notification" has the meaning contemplated in section 111 and includes the method by which the City may "call for" or "require" a person to do something, and "notice" and "notify" have corresponding meanings;"Ordinance" means the Land Use Planning Ordinance, 1985 (Cape) (Ordinance 15 of 1985);"organ of state" means an organ of state as defined in section 239 of the Constitution;"overlay zoning" means a zoning, in addition to the base zoning, stipulating the purposes for which land may be used and the development rule which may be more or less restrictive than the base zoning;"owner" includes their successor-in-title and means –(a)the person whose name is registered in a deeds registry as the owner of land;(b)the beneficial owner of land in law;(c)the owner of land by virtue of vesting in terms of this By-Law or another law; and(d)the legal representative of the owner or their estate where the registered owner lacks legal capacity for any reason including age, mental health, mental disability, death or insolvency;"owners" association" means an owners" association established or deemed to have been established in terms of section 61;"permanent departure" means right to use land otherwise than in accordance with the development rules of the zoning applicable to the property;"person" means a natural or juristic person and includes the state;"planning law" means the Townships Ordinance no 33 of 1934 or the Ordinance, whichever is applicable. "prescribe" includes prescribe by procedure, standard, requirement or rule;"previous zoning scheme" means –(a)a town planning scheme;(b)a town planning scheme in the course of preparation; or(c)zoning scheme regulations in operation in the geographic area of the City at any time before the commencement of this By-Law;"private street" means privately owned land which provides vehicle access to a separate land unit or land units and which is designated as private road or private street on an approved general plan, diagram or approved plan of subdivision; it may include ancillary access control infrastructure such as a gatehouse, guardhouse, refuse room and utility room, but does not include a driveway on a property or a servitude;"Province" means the Province of the Western Cape;"Provincial Government" means the provincial government of the Province;"Provincial Minister" means the member of the Executive Council in the Provincial Government responsible for land use planning;"public place" means any open or enclosed place, park, public street or thoroughfare or other similar area of land shown on a general plan or diagram that is for use by the general public and is owned by, or vests in the ownership of, the City, and includes a public open space and a servitude for any similar purpose in favour of the general public;"public road" means any highway, thoroughfare, lane, footpath, sidewalk, alley, passage, bridge or any other place of a similar nature or any portion thereof serving as a public right of way, whether for vehicles or pedestrians, established or proclaimed in terms of the former Municipal Ordinance, 1974 (Ordinance 20 of 1974) or any equivalent current municipal by-law and/or national legislation and includes a public street;"public street" means any land indicated on an approved general plan, diagram or map as having been set aside as a public right of way, whether for vehicles or pedestrians or public or urban squares, of which the ownership is registered in favour of or vests in the City in terms of this ByLaw or any other law;"registered planner" means a professional or technical planner registered in terms of the Planning Profession Act, 2002 (Act 36 of 2002), unless the South African Council for Planners has reserved the work to be performed by a registered planner in terms of this Act for a particular category of registered persons in terms of section 16(2) of the Planning Profession Act, 2002, in which case a registered planner means the category of registered persons for whom the work has been reserved;"Registrar of Deeds" means the Registrar of Deeds as defined in the Deeds Registries Act;"restrictive condition" means any condition registered against the title deed of land restricting the use, development or subdivision of land concerned, excluding servitudes creating real or personal rights;"rezoning" means the change of zoning in relation to a particular land unit or units in terms of this By-Law;"road" includes a public street, a public road and a private street;"road reserve" means a designated area of land that contains or is able to contain a public street or public road, including the road and associated verge, which land may or may not be defined by cadastral boundaries;"Sectional Titles Act" means the Sectional Titles Act, 1986 (Act 95 of 1986);"sectoral plan" means any written strategy or plan which deals mainly with one of the sectors or elements or particular subjects that form part of an integrated development plan and which may be an economic, land reform, environmental, housing, water, service or transport plan;"service master plan" means a high level infrastructure plan prepared by the City to cater for future development and includes an Integrated Transport Plan, Electricity Business Plan, Bulk Water and Sanitation Master Plan, Storm Water Master Plan and Integrated Waste Management Plan;"spatial development framework" means a national spatial development framework, regional spatial development framework (approved by either national or provincial government), provincial spatial development framework, municipal spatial development framework, district spatial development framework or local spatial development framework;"SPLUMA" means the Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013) and regulations promulgated in terms of thereof;"state" includes an organ of state as defined in section 239 of the Constitution and a state-owned enterprise listed as a public entity in Schedule 2 or 3 to the Public Finance Management Act, 1999 (Act 1 of 1999);"street" means "public street" or "private street";"structure plan" means a structure plan approved in terms of section 4(6) or 4(10) of the Ordinance;"subdivision plan" means a plan which depicts the relative location of newly proposed land units on a land unit that is to be subdivided;"subdivision", in relation to land, means the division of a land unit into more land units and includes any physical activity on the land to prepare the land for subdivision but does not include the surveying of land for the preparation of a subdivision plan and "subdivide" has the same meaning;"subdivisional area" when referring to a zoning, means the subdivisional overlay zoning permitting subdivision provided for in the development management scheme; and when referring to land, means land zoned with a subdivisional overlay zoning;"substitution scheme" means a zoning map or development rules which replaces, in terms of planning law, any other zoning map or portion thereof;"Surveyor-General" means the Surveyor-General as defined in the Land Survey Act;"temporary departure" means the right to use land on a temporary basis for a purpose for which no provision is made in the zoning applicable to the property;"this By-Law" includes the development management scheme and the other schedules to this ByLaw;"title deed" means any deed registered in a deeds registry recording the ownership of land or a real right in land;"urban edge line" means a development edge line to demarcate the appropriate geographic limit to urban growth or to protect natural resources;"use" means the use of land for a purpose or the improvement of land;"use right", in relation to land, means the right to use that land in accordance with its zoning, a departure, consent use, condition of approval or any other approval granted in respect of the rights to use the land;"zone" when used as a verb in relation to land, means to designate land for a particular zoning;"zoning" includes base zoning and overlay zoning and means a land use category prescribed by the development management scheme regulating the use of and development of land and setting out –(a)the purposes for which land may be used; and(b)the development rules applicable to that land use category;"zoning map" means the map of the zoning scheme contemplated in section 29(1);"zoning register" means the zoning register of the zoning scheme contemplated in section 32; and"zoning scheme" means the zoning scheme contemplated in section 25(1).

Chapter 2
Application of this by-law and conflict of laws

2. Application of this By-Law and conflict of laws

(1)This By-Law applies to all land within the geographical area of the City, including land owned by the state.
(2)This By-Law binds every owner and every user of land, including the state.
(3)When considering an apparent conflict between this By-Law and another law, a court must prefer any reasonable interpretation that avoids a conflict over any alternative interpretation that results in a conflict.
(4)If there is a conflict between this By-Law and another by-law, this By-Law prevails over the affected provision of the other by-law in respect of any municipal planning matter.

Chapter 3
Spatial planning

Part 1 – Introductory provisions concerning spatial development frameworks

3. Spatial development frameworks

(1)The City’s spatial development frameworks are –(a)the municipal spatial development framework;(b)district spatial development frameworks; and(c)local spatial development frameworks.
(2)The Cape Town Spatial Development Framework adopted as part of the Integrated Development Plan as amended, until it is replaced, is deemed to be the municipal spatial development framework.
(3)The purposes of the City’s spatial development frameworks include –(a)providing a longer-term spatial depiction of the desired form and structure of the geographic area to which it applies;(b)providing land use management guidelines regarding the appropriate nature, form, scale and location of development;(c)contributing to spatial co-ordination;(d)guiding investment and planning of municipal departments and where appropriate other spheres of government;(e)guiding investment for the private sector;(f)reflecting relevant provisions of strategies adopted by the Municipal Council; and(g)guiding decision making on applications.

Part 2 – The municipal spatial development framework

4. Process for drafting the municipal spatial development framework

(1)The City must adopt a process, which includes a public participation process, for drafting the municipal spatial development framework which complies with the Municipal Systems Act and any other applicable law.
(2)Upon completion of the process contemplated in subsection (1), the Municipal Council must consider a written report from the Department that must at least –(a)assess the draft municipal spatial development framework;(b)summarise the process of drafting the municipal spatial development framework;(c)summarise the consultation process;(d)set out the City’s responses to the comments received;(e)describe how the City has complied with, is complying with and intends to comply with the requirements of relevant national and provincial legislation, and relevant provisions of strategies adopted by the Municipal Council; and(f)recommend the adoption of the draft municipal spatial development framework.
(3)A registered planner must sign the report required by subsection (2).

5. Process for amending the municipal spatial development framework

(1)Section 34 of the Municipal Systems Act and the contemplated regulations govern the process for an amendment of the municipal spatial development framework.
(2)Sections 4(2) and 6 apply to amendments to the municipal spatial development framework as a result of comments received from the Provincial Minister responsible for local government as contemplated in section 32 or 33 of the Municipal Systems Act.
(3)The City Manager may prescribe the form and process governing a request to amend the municipal spatial development framework other than as a result of the annual review process contemplated in section 34(a) of the Municipal Systems Act.

6. Decision on the adoption or amendment of the municipal spatial development framework

The Municipal Council may –(a)accept the report envisaged in section 4(2) and adopt the draft municipal spatial development framework in terms of Chapter 5 of the Municipal Systems Act;(b)adopt or refuse a draft amendment; or(c)refer the report on the adoption of the draft municipal spatial development framework or draft amendment back for further – (i) specified information; and/or (ii) specified consultation.

7. Submission of municipal spatial development framework to Provincial Minister

Within 10 days of the Municipal Council adopting the municipal spatial development framework or an amendment thereof, the City Manager must submit the following to the Provincial Minister responsible for local government –(a)a written notice of the decision to adopt or amend the municipal spatial development framework;(b)the adopted or amended municipal spatial development framework;(c)a copy of the report referred to in section 4(2); and(d)a further report or statement to the extent required to comply with section 32(1)(b) of the Municipal Systems Act or section 14 of the Land Use Planning Act or any other legislation.

8. Publication of the adopted or amended municipal spatial development framework

Within 14 days of the Municipal Council adopting the municipal spatial development framework or an amendment thereof, the City Manager must –(a)publish a notice of its decision to adopt or amend the municipal spatial development framework in the Provincial Gazette and in accordance with section 19;(b)give notice to the public and publicise a summary in accordance with section 25(4) of the Municipal Systems Act; and(c)publish a notice of the amendment of the municipal spatial development framework in the Provincial Gazette if the municipal spatial development framework is amended as contemplated in section 32 or section 33 of the Municipal Systems Act.

9. Status of the municipal spatial development framework

(1)Subject to section 22, the City may deviate from the provisions of the municipal spatial development framework only if site specific circumstances justify the deviation.
(2)In determining whether the site specific circumstances exist, the City must have regard to the development application that has been submitted and any other relevant considerations.
(3)If an application is inconsistent with the municipal spatial development framework, the applicant must describe the inconsistency in –(a)the application; and(b)the advertisement of the application.
(4)The municipal spatial development framework does not confer or take away rights.
(5)If there is a conflict between the municipal spatial development framework and a district spatial development framework or local spatial development framework, the municipal spatial development framework prevails over other development frameworks to the extent of the conflict.

10. Review of the municipal spatial development framework

(1)When reviewing the integrated development plan in terms of section 34(a) of the Municipal Systems Act, in relation to the review of the municipal spatial development framework, the City must consider at least –(a)the record of deviations from the municipal spatial development framework and the reasons for the deviations;(b)the requirements of provincial and national legislation relating to the municipal spatial development framework;(c)relevant provisions of strategies adopted by the Municipal Council; and(d)comments received in the review process.
(2)Sections 5(1), 6 and 7 apply to a proposal to amend the municipal spatial development framework resulting from the review process.

Part 3 – District spatial development frameworks and local spatial development frameworks

11. District spatial development frameworks

(1)The Municipal Council may adopt a district spatial development framework for a specified geographic area within the geographical area of the City.
(2)A district spatial development framework must –(a)align with and give further effect to the municipal spatial development frameworks;(b)identify and depict on a map current and future significant elements which give structure or spatial order to a settlement including road circulation networks, public transport systems, public open spaces, public facilities, and external engineering services;(c)provide land use management guidelines that relate to –(i)desirable land use patterns;(ii)appropriate development densities and urban form;(iii)provision of public open space and public facilities;(iv)environmentally sensitive areas; and(v)high potential agricultural land;(d)provide a spatial representation to support spatial restructuring and integration within the district by indicating –(i)areas where public and private development should be prioritised and facilitated;(ii)areas where strategic intervention is required to enable desired changes to land use or urban form;(iii)locations of future publicly-funded housing developments;(iv)key infrastructure requirements to enable development of areas that have been prioritised;(e)support the municipal spatial development framework by depicting spatially the co-ordination, alignment and integration of relevant sectoral plans or policies of City departments;(f)include an implementation plan setting out how the proposals of the district spatial development framework are to be achieved; and(g)identify areas where more detailed local spatial development frameworks must be developed.

12. Local spatial development frameworks

(1)The Municipal Council may adopt a local spatial development framework for a specified geographic area within the geographical area of the City.
(2)A local spatial development framework must align with and give further effect to the municipal spatial development framework and any relevant district spatial development framework by providing more detailed, local planning.
(3)Where relevant, a local spatial development framework may contain the elements envisaged in sections 11(2)(a) to 11(2)(e).
(4)A local spatial development framework may include an implementation plan which must among other things inform and guide actions aimed at realising proposals of the local spatial development framework.

13. Process for drafting or amending a district spatial development framework or a local spatial development framework

(1)If the City intends to adopt a district spatial development framework or a local spatial development framework, the City must –(a)specify the geographic area concerned; and(b)approve the drafting of a district spatial development framework or a local spatial development framework as the case may be.
(2)[Subsection (2) deleted by amendment on 2016-07-01.]
(3)The Department must provide a written report that must at least –(a)describe the manner in which –(i)the draft district spatial development framework or draft amendment thereof aligns to the municipal spatial development framework and relevant provisions of strategies adopted by the Municipal Council; or(ii)the draft local spatial development framework or draft amendment thereof aligns to the municipal spatial development framework, the relevant district spatial development framework and relevant provisions of strategies adopted by the Municipal Council; as the case may be;(b)summarise the process of drafting the district spatial development framework, local spatial development framework or amendment;(c)summarise the consultation process;(d)set out the City’s responses to the comments received; and(e)recommend the adoption of the draft district spatial development framework, draft local spatial development framework or draft amendment.

14. Decision on the adoption or amendment of a district spatial development framework or a local spatial development framework

The Municipal Council may –(a)accept the report envisaged in section 13(3) and adopt the draft district spatial development framework, draft local spatial development framework or draft amendment, with or without a condition;(b)refer the report envisaged in section 13(3) back for further specified information and/or further specified consultation; or(c)refuse to adopt the draft district spatial development framework, draft local spatial development framework or draft amendment.

15. Publication of the adopted or amended district spatial development framework or local spatial development framework

Within 30 days of adopting or amending a district spatial development framework or a local spatial development framework, the City must publish the adopted or amended district spatial development framework or local spatial development framework on the City's website.

16. Status of a district spatial development framework and a local spatial development framework

(1)If an application is inconsistent with an applicable district spatial development framework or a local spatial development framework, the applicant must describe the inconsistency in –(a)the application; and(b)the advertisement of the application.
(2)A person who takes a decision in terms of this By-Law(a)must be guided by an applicable district spatial development framework and/or local spatial development framework;(b)subject to section 22, may deviate from the provisions of an applicable district spatial development framework and/or local spatial development framework only if the circumstances justify the deviation.
(3)A district spatial development framework and a local spatial development framework do not confer or take away rights.

17. Review of a district spatial development framework or a local spatial development framework

(1)The City must review a district spatial development framework or a local spatial development framework or structure plan at least every 10 years.
(2)The City Manager must give notice in the media in accordance with section 21 of the Municipal Systems Act of the City’s intention to review a district spatial development framework or a local spatial development framework and give details of the person to whom and the date by which any comments or suggestions to be taken into account in the review process, must be submitted.
(3)When conducting a review for the purposes of subsection (1), the City must consider at least –(a)the record of deviations from the district spatial development framework or local spatial development framework and the reasons for the deviations;(b)any relevant amendments to the municipal spatial development framework;(c)the requirements of provincial and national legislation relating to the municipal spatial development framework;(d)relevant provisions of strategies adopted by the Municipal Council; and(e)comments received in the review process.

18. Withdrawal of a district spatial development framework or a local spatial development framework

(1)If the City intends to withdraw a district spatial development framework or a local spatial development framework, the City must comply with subsection (2).
(2)Upon completion of the consultation process and the adopted process, the Department must provide a written report which must at least –(a)describe the reasons for withdrawing the district spatial development framework or the local spatial development framework or structure plan;(b)summarise the consultation process;(c)set out the City’s responses to the comments received; and(d)recommend the withdrawal of the district spatial development framework or local spatial development framework or structure plan.
(3)The Municipal Council may –(a)accept the report envisaged in subsection (2) and withdraw the district spatial development framework or local spatial development framework or structure plan;(b)refer the report envisaged in subsection (2) back for further specified information, and/or require further specified consultation; or(c)refuse to withdraw the district spatial development framework or local spatial development framework or structure plan.
(4)Within 30 days of withdrawing a district spatial development framework or a local spatial development framework, the City must publish the withdrawal in accordance with section 15.

Part 4 – General provisions concerning spatial planning

19. Record of and access to spatial development frameworks

(1)The City must keep, maintain and make accessible to the public, including on the City’s website, the approved municipal spatial development framework, a district spatial development framework and a local spatial development framework and any amendment or withdrawal thereof.
(2)The City must provide a requester, on payment of the prescribed fee, with a copy of the approved municipal spatial development framework, a district spatial development framework and a local spatial development framework and any amendments thereto.

20. Structure plans

(1)A structure plan listed in Schedule 1 and which remains in force in terms of section 16(1)(b) of the Land Use Planning Act is deemed to be a district spatial development framework approved in terms of this By-Law and remains in force indefinitely until withdrawn in terms of this By-Law.
(2)A structure plan approved in terms of section 4(6) or section 4(10) of the Ordinance and listed in Schedule 2 and which remains in force in terms of section 16(1)(b) of the Land Use Planning Act is deemed to be a local spatial development framework approved in terms of this ByLaw and remains in force indefinitely until withdrawn in terms of this By-Law.
(3)Sections 13 to 18, with changes required by the context, apply to the amendment, status or withdrawal of a structure plan.

21. Policies to guide decision making

(1)The City may adopt a policy or guidelines to guide decision making in respect of applications made in terms of this By-Law.
(2)The provisions of section 138 apply to policies contemplated in subsection (1).

22. Record of deviations from spatial development frameworks

(1)A person who takes a decision in terms of this By-Law which deviates from the provisions of the municipal spatial development framework and/or an applicable district spatial development framework and/or local spatial development framework or policy must at the time of making the decision –(a)record in writing the reasons for the deviation; and(b)keep a record of the decision and the written reasons for the deviation.
(2)A record of decisions of applications that deviate from the municipal spatial development framework must be kept with the municipal spatial development framework.

23. Spatial development frameworks applicable to land incorporated into the geographic area of the City

When land situated in the geographic area of another municipality is incorporated into the geographic area of the City, any spatial development framework applicable to that area or to part of that area remains in force until the City reviews or amends it in terms of the provisions of this ByLaw.

Chapter 4
Development management

Part 1 – Zoning scheme

24. Zoning

(1)All land within the geographic area of the City must have a zoning.
(2)A zoning may apply to a land unit or part thereof, and a zoning need not follow cadastral boundaries.
(3)The City may, by amendment of the development management scheme, on its own initiative adopt a new overlay zoning or amend or remove an existing overlay zoning.
(4)In respect of each overlay zoning, except a subdivisional areaoverlay zoning, the City must publish in the Provincial Gazette –(a)which specified area or land units have the overlay zoning;(b)a reference to a map available on the City’s website that depicts which specified area or land units have the overlay zoning; or(c)a statement that no specified area or land unit has the overlay zoning.
(5)The City may at any time designate a specified area or land unit to have an overlay zoning, or to no longer have an overlay zoning, by following the process in the development management scheme and must publish the designation in the Provincial Gazette.
(6)The City is not required to follow the process in the development management scheme contemplated in subsection (5) when publishing a notice contemplated in subsection (4) if the area or land unit specified in the notice has the same or a substantially similar overlay zoning as it does when this By-Law comes into operation.

25. Zoning scheme

(1)The zoning scheme comprises –(a)the development management scheme;(b)the zoning map; and(c)the zoning register.
(2)The zoning scheme applies to all land in the geographic area of the City.

26. Development management scheme

(1)The purposes of the development management scheme include –(a)regulation of use rights and control of the use of land;(b)facilitation of the implementation of policies and principles set out in relevant spatial development frameworks and binding policies and principles set out in and in terms of national and provincial legislation;(c)facilitation of efficient, economic and sustainable use of land;(d)protection of areas with an environment which could be substantially adversely affected by development;(e)other purposes lawfully prescribed by national or provincial legislation.
(2)The development management scheme is the scheme in Schedule 3. (3) The development management scheme is an integral part of this By-Law and its provisions have force of law.
(4)When considering an apparent conflict between the body of this By-Law and the development management scheme, a court must prefer any reasonable interpretation that avoids a conflict over any alternative interpretation that results in a conflict.
(5)If there is a conflict between the body of this By-Law and the development management scheme, the body of this By-Law prevails over the affected provision of the development management scheme.

27. Review of development management scheme

(1)The City Manager must, at least every five years after the commencement of this By-Law, review the development management scheme.
(2)The City Manager must give notice in the media in accordance with section 21 of the Municipal Systems Act of the City’s intention to review the development management scheme and give details of the person to whom and the date by which any comments or suggestions to be taken into account in the review process, must be submitted.
(3)The City Manager must submit a review report to the Municipal Council setting out for the period under review at least –(a)the proposed amendments to the development management scheme, including proposed overlay zones, aimed at aligning the development management scheme with the municipal spatial development framework;(b)the number of deviations from the municipal spatial development framework and the nature and reasons for each deviation;(c)the response to comments received as a result of the notice published in the media in accordance with subsection (2).
(4)If the Municipal Council approves the recommendations in the review report, the City must commence a process to amend the development management scheme accordingly.
(5)The City must comply with the provisions of section 27 of the Land Use Planning Act prior to adopting any amendment of the development management scheme.
(6)A review contemplated in terms of this section is not required for ad hoc amendments to the development management scheme.

28. Zoning map

(1)The zoning map must –(a)depict the zoning of every land unit in the City’s geographical area;(b)depict overlay zones applicable to a land unit; and(c)be updated within a reasonable time after a use right has been granted or has lapsed.
(2)The zoning map may –(a)depict the proposed establishment, widening or closure of public streets and public roads;(b)indicate by means of a symbol that a decision has been taken about a landuse right; and(c)be kept in electronic format.

29. Adoption, amendment and substitution of zoning map

(1)The zoning map is the zoning map in operation for the City at the commencement of this By-Law as may subsequently be amended or substituted.
(2)A lawful zoning recorded on the zoning map at the commencement of this By-Law remains in force until it lapses or the zoning map is amended or substituted.
(3)The City may amend or, after consultation, substitute the zoning map in terms of this ByLaw.
(4)The substitution contemplated in subsection (3) takes effect when notification of approval of the substituted zoning map is published in the Provincial Gazette or on a future date fixed in the Provincial Gazette.

30. Error in zoning map

(1)An owner who believes that the zoning map contains an error in respect of their property may apply to the City for the zoning map to be corrected.
(2)An owner making an application contemplated in subsection (1) –(a)must describe the nature of the error;(b)bears the onus of proving the error and must provide written proof of the lawful land use rights; and(c)must indicate the correct zoning.
(3)The City must advertise the application –(a)to another owner if the application materially affects the other owner; and(b)for public comment if the application materially affects the public.
(4)The City may approve or refuse the application.
(5)If the application is approved, the City Manager must amend the zoning map.
(6)If the City finds an error on the zoning map, the City may on its own initiative amend the zoning map after –(a)providing notice of the error and of the City’s intention to correct the error to, and inviting representations within a specified time period from –(i)the owner of the property concerned;(ii)another owner if the proposed correction materially affects the other owner; and(iii)the public if the proposed correction materially affects the public;(b)considering any representations received; and(c)taking a decision to amend the zoning map.

31. Status of zoning map and exemption of City from liability for any error

(1)The zoning map is the City’s record of the zoning of each land unit.
(2)A zoning recorded in the zoning map is presumed to be the correct zoning unless proved otherwise.
(3)A use right ceases to exist on the day it lapses in terms of this By-Law or a previous zoning scheme even if the zoning map still records the use right as existing.
(4)The City is exempt from liability for any damage which may be caused by –(a)an error in the zoning map; or(b)an erroneous representation by the City about a use right or the zoning of a land unit.

32. Zoning register

(1)The City must record in the zoning register(a)a decision taken in terms of this By-Law after the commencement of this By-Law to grant –(i)a rezoning;(ii)a permanent or temporary departure;(iii)a consent;(iv)a consolidation; or(v)any other permission or approval granted in terms of the development management scheme;(b)a non-conforming use which has been confirmed in terms of section 37(8); and(c)any other matter which this By-Law requires to be recorded in the zoning register.
(2)The City may keep the zoning register in electronic format.

33. Access to the zoning map and zoning register

(1)The zoning map is accessible to the public on the City’s website.
(2)The zoning map and zoning register are also available for inspection at the district offices of the Department.
(3)The City must provide a requester, on payment of a fee, with a relevant extract in writing from the zoning map and zoning register.
(4)An extract contemplated in subsection (3) must be in writing and signed by an authorised official.

34. Continuation of zoning schemes

If the geographic area of the City is expanded to incorporate land from another municipality then the zoning scheme applicable to that land remains in force until the City amends, repeals or replaces it.

Part 2 – Use right and non-conforming use

35. Use right

(1)A use right vests in land and not in a person.
(2)No person may use or develop land unless the use or development is permitted in terms of the zoning scheme or an approval is granted or deemed to have been granted in terms of this ByLaw.
(3)No person may contravene or fail to comply with a condition of approval imposed or deemed to have been imposed in terms of this By-Law.
(4)A condition of approval imposed or deemed to have been imposed in terms of this By-Law binds a successor-in-title of the land unit.

36. Determination of zoning

(1)Save where land is deemed to be zoned as contemplated in the development management scheme, the City may determine a zoning for land which does not have a zoning on its own initiative or on application by an owner.
(2)When the City determines a zoning contemplated in subsection (1), it must have regard to at least –(a)the lawful use of the land, or the purposes for which it could be lawfully used immediately before the commencement of this By-Law if possible to determine;(b)the zoning, if any, that is most compatible with that use and any applicable title deed condition;(c)any permanent departure or consent use that may be required in conjunction with that zoning;(d)where land was vacant immediately before the commencement of this By-Law, the use permitted in terms of the title deed conditions or, where more than one land use is so permitted, one of such land uses determined by the City; and(e)where the lawful use of the land and the purpose for which it could be lawfully used immediately before the commencement of this By-Law cannot be determined, the zoning that is most desirable and compatible with any applicable title deed condition together with any departure or consent use that may be required.
(3)When the City determines a zoning contemplated in subsection (1) and where the land is part of a protected area contemplated in the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003) or similar legislation, the zoning is the zoning which would be most compatible with the objects of that legislation.
(4)The City must amend the zoning map as soon as practicable to reflect the zoning determined for the land.
(5)The City must give notice of its intention to determine a zoning to the owner if it acts in terms of subsection (1).
(6)The City must comply with sections 79 and 80 if it acts in terms of subsection (1). (7) If the lawful use of the land cannot be determined, the City must follow a rezoning process.

37. Non-conforming use

(1)For purposes of this section, ‘non-conforming use’ means the use of land or a building or part thereof for a purpose and in a manner which does not comply with the zoning scheme,(a)but –(i)has been so used lawfully for the same purpose and in the same manner continuously since at least 1 June 1950 without a material interruption; or(ii)which once complied with an applicable previous zoning scheme and since then has been used lawfully for the same purpose and in the same manner continuously without a material interruption; and(b)is continuously so used from the commencement of this By-Law without an interruption of longer than six months.
(2)For the purposes of subsection (1)(a), a material interruption is regarded as a period of longer than –(a)six months from 1 June 1950 to 30 June 1986; or(b)two years from 1 July 1986 to the day before the commencement of this By-Law.
(3)A person claiming a non-conforming use has the onus of proving its existence.
(4)A non-confirming use(a)may continue as long as it remains otherwise lawful;(b)does not constitute an offence in terms of this By-Law; and(c)is confined to the part of a land unit or building for which proof of its existence exists.
(5)Notwithstanding the existence of a non-conforming use, no person may extend or alter the building concerned without approval in terms of this By-Law and any other applicable law.
(6)If a building or a substantial part of it in respect of which a non-conforming use exists is destroyed or must be demolished because of damage, the City may on application and in its discretion grant permission for its reconstruction within the envelope of the non-conforming use and subject to conditions.
(7)The permission in terms of subsection (6) does not relieve the owner from also obtaining authorisations required by any other applicable law.
(8)The City may on its own initiative or on application make a binding determination as to the existence, nature and extent of a non-conforming use.
(9)The City must advertise the application or intention to make a determination contemplated in subsection (8) –(a)to the owner concerned if the owner is not the applicant;(b)to another owner if the application materially affects the other owner; and(c)for public comment if the application materially affects the public.
(10)An applicant applying for a determination contemplated in subsection (8) must use the prescribed form and must provide any information which the City calls for.

Part 3 – General lapsing provision

38. General lapsing provision

(1)Unless otherwise specified in this By-Law, an approval granted or deemed to have been granted in terms of this By-Law to use or develop land lapses two years after the effective date of decision(a)where the land is not used in accordance with the approval; or(b)where an improvement of land is required in order to use the land in accordance with the approval, lawful commencement of construction has not occurred.
(2)An applicant may apply in terms of and subject to the requirements of section 107 for an extension of the validity periods contemplated in subsection (1), save that an extension may not exceed two years from the date that the original approval lapses.

Chapter 5
General requirements for an application

39. Applications

(1)An applicant who requires approval in terms of this By-Law for the use or development of land must apply to the City in terms of section 42.
(2)An approval granted or deemed to have been granted in terms of this By-Law does not –(a)release anyone from their duty to also obtain any other authorisation required by this By-Law or another law, and to comply with all law, a title deed restriction or a requirement in the constitution of an owners’ association; or(b)oblige anyone to use the approval.

40. Persons who may make application in terms of this By-Law

(1)An application may be submitted only by –(a)the owner of the land concerned;(b)the City in respect of land which it does not own, for the purposes of sections 44(1) and 48(1);(c)a person to whom the land concerned has been made available for development in writing by an organ of state or such person's duly authorised agent for housing purposes; or(d)a service provider responsible for the provision of infrastructure, utilities or other related services.
(2)A person duly authorised to make an application does so on behalf of the owner.

41. Continuation of application by new owner

If land that is the subject of an application in terms of this By-Law is transferred to a new owner, the new owner may continue with the application as the successor-in-title to the previous owner and the new owner will be regarded the applicant for the purposes of this By-Law.

42. Types of applications

A person may make application for the following in terms of this By-Law(a)rezoning of land, including rezoning to subdivisional areaoverlay zoning;(b)permanent departure;(c)temporary departure;(d)subdivision of land;(e)implementation of a subdivision approval in phases;(f)consolidation of land;(g)amendment, suspension or deletion of a restrictive condition;(h)consent or approval in terms of, or the relaxation of, a restrictive condition in a title deed where the restriction relates to use, subdivision, development rules or design criteria;(i)consent, approval or any other permission or requirement in terms of the development management scheme;(j)amendment, deletion or addition of conditions in respect of an existing approval granted or deemed to be granted in terms of this By-Law;(k)extension of the period of validity of an approval;(l)amendment or cancellation of an approved plan of subdivision or general plan;(m)permission required in terms of the conditions of approval of an application;(n)determination of a zoning, a non-conforming use right or any other matter which the City may determine in terms of this By-Law;(o)correction of a zoning map;(p)[Paragraph (p) deleted by amendment on 2016-07-01.](q)alteration or amendment of a street name or number;(r)determination of an administrative penalty as contemplated in section 129(1);(s)to exempt a subdivision from the need for approval in terms of this By-Law as contemplated in section 67(3);(t)permission for the reconstruction of a building or a substantial part of it within the envelope of a non-conforming use as contemplated in section 37(6);(u)any other application which the City Manager may prescribe in terms of this By-Law.

43. Provisions which govern an application

(1)Unless otherwise provided in this By-Law, an application is governed by –(a)the general procedures in Chapter 7;(b)to the extent applicable, the special provisions in Chapter 6; and(c)any other applicable provision in this By-Law.
(2)In the event of an inconsistency between a special provision in Chapter 6 and another provision of this By-Law, the special provision prevails over the other provision.

Chapter 6
Special provisions for certain applications

Part 1 – Rezoning, departure and consent use

44. Rezoning

(1)Subject to section 35(2) of the Land Use Planning Act and Chapter 7 of this By-Law, the City may on its own initiative rezone land which it does not own to give effect to approved spatial development frameworks and other City policies or for the purpose contemplated in section 36(7).
(2)No application for approval of subdivision involving a change of zoning to more than one zone may be considered unless the land is zoned or will be zoned to subdivisional area.
(3)Applications for rezoning to subdivisional area and for approval of subdivision may be considered simultaneously.
(4)The City must as soon as practicable after rezoning land amend the zoning map and the zoning register to reflect the rezoning.

45. Departure

(1)In respect of each land unit, a temporary departure to use land on a basis for which no provision is made in the zoning applicable to the land may not be granted –(a)for a period exceeding five years;(b)if another temporary departure is in operation at the time; or(c)if the temporary departure includes an improvement to land that is not permitted by the zoning applicable to the property.
(2)If a condition for the approval of a temporary departure is not complied with or is contravened, the City may withdraw the approval in terms of section 127.

46. Consent use

A consent use may be granted for a specified period of time or permanently.

47. Lapsing of rezoning, consent use or departure

(1)A rezoning, other than a rezoning to a subdivisional areazoning, consent use or permanent departure approved or deemed to have been approved in terms of this By-Law lapses five years after the effective date of the decision –(a)where the land is not used in accordance with the approval; or(b)where an improvement of land is required in order to use the land in accordance with the approval, lawful commencement of construction has not occurred.
(2)A rezoning to a subdivisional area approved or deemed to have been approved in terms of this By-Law lapses five years after the effective date of decision if the applicant does not make an application for approval of subdivision in accordance with the approved subdivisional areazoning.
(3)An applicant may apply in terms of and subject to the requirements of section 107 for an extension of the validity period contemplated in subsections (1) and (2). (4) In the case of a rezoning other than a rezoning to subdivisional area, consent use or departure(a)the City must request the owner in writing prior to the lapsing period or extended lapsing period to submit proof that the land is being used in accordance with the approval;(b)the owner must notify the City in writing within the lapsing period or extended lapsing period that the land is being used in accordance with the approval, failing which the rezoning, consent use or departure is presumed to have lapsed.
(5)If a rezoning lapses, the zoning applicable to the land as reflected on the zoning map prior to the granting of the approval applies.
(6)If a rezoning, including rezoning to a subdivisional area, consent use or departure lapses, the City must as soon as practicable after lapsing amend the zoning map and the zoning register to reflect the lapsing.

Part 2 – Restrictive conditions

48. Removal, suspension or amendment of restrictive conditions

(1)Subject to section 39 of the Land Use Planning Act, the City may on its own initiative or on application remove, suspend or amend a restrictive condition in respect of any land unit.
(2)An applicant must submit –(a)a certified copy of the title deed to the City; and(b)the mortgage bond holder’s consent to the application, if relevant.
(3)In addition to the procedures in Chapter 7, notice of the application must be served on –(a)any provincial or national department if referred to in the title deed restriction;(b)a person whose rights or legitimate expectations are materially and adversely affected by the application;(c)any person mentioned in the title deed for whose benefit the restrictive condition was imposed; and(d)if the City so requires, the public or any other person.
(4)The City must have regard to section 39(5) of the Land Use Planning Act and section 47 of SPLUMA when considering whether to remove, suspend or amend a restrictive condition.
(5)A decision to amend, suspend or remove any restrictive condition(a)must be published by notice in the Provincial Gazette within 30 days of the effective date of the decision;(b)may be unconditional or subject to any condition specified in the notice;(c)may be permanent or for a period specified in the notice; and(d)does not lapse.
(6)The City must notify the Registrar of Deeds of the approval of the application as contemplated in subsection (5) and must forward a copy of the notification in the Provincial Gazette.

49. Endorsements in connection with alterations, suspensions or removals of restrictions or obligations

(1)Upon notification of the approval of the application in the Provincial Gazette as contemplated in section 48(5)(a), the owner must, for purposes of the appropriate entries and endorsement, submit to the Registrar of Deeds(a)the original title deed;(b)the original letter of approval; and(c)a copy of the notification of the Provincial Gazette.
(2)The Registrar of Deeds concerned must, as soon as possible after the publication of the approval of the application in the Provincial Gazette as contemplated in section 48(5)(a), make, free of charge, such appropriate entries in and endorsements on any relevant register, title deeds, diagram or plan in its office or submitted to it as may be necessary to reflect the effect of the notice.

Part 3 – Consolidation

50. Consolidation and construction of buildings

(1)A person may not construct a building or structure that straddles the boundaries of two or more contiguous land units unless the owners of the contiguous land units have either taken legal steps to the City Manager’s satisfaction, to ensure that such land units cannot be separately sold, leased, alienated or otherwise disposed of or the City has approved.
(2)An applicant who requires consolidation of land units must –(a)obtain the City’s approval (unless the consolidation is exempt in terms of section 67);(b)submit a diagram for consolidation to the Surveyor-General for approval (who may approve the diagram in terms of the Land Survey Act only if the City has granted approval in terms of this By-Law);(c)after the effective date of decision but before the City’s approval lapses, obtain registration of the consolidation from the Registrar of Deeds in terms of the Deeds Registries Act.
(3)If the City approves a consolidation or exempts a consolidation in terms of section 67 –(a)the applicant must, when submitting a diagram to the Surveyor-General for approval, include proof to the satisfaction of the Surveyor-General of –(i)the City’s decision to approve the consolidation or proof of exemption;(ii)the City’s conditions of approval, if any; and(iii)the consolidation plan approved by the City;(b)the City must –(i)amend the zoning map, and where applicable, the zoning register accordingly; and(ii)notify the Surveyor-General.
(4)No building plan may be approved in terms of section 7 of the National Building Regulations and Building Standards Act in respect of a building or structure contemplated in subsection (1), until -(a)the consolidation or documentation arising out of the legal steps contemplated in subsection (1) has been registered; or(b)a conveyancer provides written proof that the consolidation or the documentation arising out of the legal steps has been lodged with the Registrar of Deeds for registration.

51. Lapsing of consolidation

(1)Subject to subsection (2), an approved consolidation of land units lapses if the Registrar of Deeds does not register it within five years, after the effective date of decision.
(2)If a consolidation of land units is approved as part of another application, the City may specify as a condition of approval that the applicant must obtain registration of the consolidation by the Registrar of Deeds within that validity period of the other application failing which the consolidation will lapse.
(3)If an approval of a consolidation lapses –(a)the City must –(i)amend the zoning map, and where applicable, the zoning register accordingly; and(ii)notify the Surveyor-General; and(b)the Surveyor-General must endorse the records of the Surveyor-General’s office to reflect that the consolidation has lapsed.

Part 4 – Subdivision

52. Approval of subdivision

(1)No land may be subdivided without approval of the City in terms of this By-Law, unless the subdivision is exempt in terms of section 67. (2) An application for approval of subdivision must be accompanied by a plan of subdivision showing at least –(a)the location of proposed land units, public places and land needed for public purposes; and(b)the proposed zonings in respect of the proposed land units.
(3)An applicant may apply for approval to implement a subdivision in phases.
(4)If the City approves the subdivision, the City must –(a)impose any conditions of approval which the City considers reasonable, as contemplated in section 100, which must include conditions relating to the provision of engineering services;(b)in the case of a phased subdivision(i)include in the conditions of approval, details of the phasing of the subdivision; and(ii)require the owner to submit a separate general plan to the Surveyor-General for each phase; and(c)endorse a plan of subdivision which must be in accordance with the approved subdivision.
(5)Land that on the date of commencement of the Townships Ordinance, 1934 (Ordinance 33 of 1934) had been laid out as a township or had been subdivided by means of an actual survey into land units and public places and the plan is registered in the office of the Surveyor-General concerned, is deemed to be a confirmed subdivision for the purposes of this By-Law except in so far as any portion thereof or any land unit therein is further subdivided or laid out.

53. Approval of general plan or diagram by Surveyor General

(1)If the City approves a subdivision and has endorsed a plan of subdivision, the applicant must submit the general plan or diagram to the Surveyor-General for approval, including proof to the satisfaction of the Surveyor-General of –(a)the decision to approve the subdivision or an indication on the plan of subdivision (contemplated in section 67(4)) that the subdivision is exempt from the approval requirement;(b)the endorsed plan of subdivision; and(c)the conditions of approval contemplated in sections 52(4)(a) and 52(4)(b).
(2)If the City approves a phased subdivision, the applicant must submit a general plan or diagram for each phase to the Surveyor-General for approval.

54. Transfer of land unit arising out of approved subdivision

(1)No person may obtain transfer of a land unit arising out of an approved subdivision or the approved phase of a subdivision unless –(a)the Surveyor-General has granted the approval contemplated in section 53;(b)the engineering services required by the conditions of approval contemplated in section 52(4) and any other applicable legislation in respect of the area or the approved phase of a subdivision on the approved general plan or diagram have been completely installed;(c)all other conditions of subdivision or the conditions relating to the approved phase of a subdivision on the approved general plan or diagram and all conditions precedent to the transfer of the land unit have been met; and(d)where an owners’ association is required,(i)the City has certified the constitution of the association (as contemplated in section 62(2));(ii)the association has been or will be established upon transfer of the first land unit (as contemplated in section 61(5)); and(iii)all land designated in terms of the conditions of approval to be transferred to the owners’ association including private roads and private open space, arising from the subdivision or approved phase of a subdivision have been, or together with the transfer of the first land unit, will be transferred to the association, without compensation.
(2)No person may obtain transfer of a land unit arising out an approved subdivision, unless the City Manager has issued a transfer certificate contemplated in section 137.
(3)Where an owners’ association is required, an applicant is guilty of an offence if the first land unit arising from a subdivision or approved phase of a subdivision is transferred without all common property, including private roads and private open spaces originating from that subdivision, being transferred to the owners’ association, and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3).

55. Confirmation of subdivision

(1)Within a period of five years after the effective date of decision, the applicant must, in respect of the approved general plan or diagram(a)meet all of the requirements in section 54(1); and(b)obtain the registration of transfer in terms of the Deeds Registries Act of at least one land unit.
(2)Upon compliance with subsection (1), the subdivision or phase of a subdivision is confirmed.
(3)Upon confirmation of a subdivision or part thereof –(a)the subdivision or part thereof cannot lapse;(b)the zonings indicated on the approved subdivision plan are the zonings that apply to the land units arising from the subdivision or part thereof;(c)the zonings contemplated in paragraph (b) cannot lapse; and(d)the City must, as soon as practicable, amend the zoning map and the zoning register.
(4)No building or structure may be constructed on a land unit forming part of an approved subdivision unless –(a)the subdivision or relevant phased part thereof is confirmed; or(b)the City approves the construction before the subdivision or phased part thereof is confirmed.

56. Lapsing of subdivision and extension of validity periods

(1)An approval of a subdivision or an approved phase of subdivision lapses if the requirements of section 55(1) are not met.
(2)If only a portion of the general plan complies with sections 54(1)(b) and 54(1)(c), the approval for the subdivision or an approved phase of subdivision lapses.
(3)An applicant may apply in terms of and subject to the requirements of section 107 for an extension of the period to comply with section 55(1).
(4)If an approval of a subdivision or an approved phase of subdivision lapses –(a)the zoning applicable to the land prior to the granting of the approval of the rezoning to subdivisional area applies;(b)the City must –(i)amend the zoning map and, where applicable, the zoning register accordingly; and(ii)notify the Surveyor-General accordingly;(c)the Surveyor-General must endorse the records of the Surveyor-General’s office to reflect the lapsing.

57. Land for public places and other uses

(1)When the City approves an application for subdivision, the applicant may be required to provide land for public places, community facilities and engineering services.
(2)The extent of land required for public places is determined in accordance with the normal need arising from the subdivision or in accordance with a policy adopted by the City.
(3)The land required for parks or public open spaces must be provided within the land area concerned with the application or may, with the consent of the City, be provided elsewhere within the municipal area.
(4)Where the application is approved without the required provision of land for parks or public open space, the applicant may be required to make payment of a monetary amount in lieu of the provision of land for that purpose to the City.

58. Ownership of public places and land required for municipal engineering services and community facilities

(1)The ownership of all land designated as a public place on an approved plan of subdivision vests in the City upon confirmation of the subdivision or a phased part thereof.
(2)All land which vests in the City as contemplated by subsection (1) must be registered in the name of the City at the cost of the applicant within a period of six months after confirmation of the subdivision or the phased portion thereof.
(3)In terms of the conditions imposed in terms of section 100, the City may determine that land designated for the provision of municipal engineering services and, where relevant, community facilities on an approved subdivision plan be transferred to the City upon confirmation of the subdivision or a part thereof.
(4)Section 31 of the Deeds Registries Act applies to the transfer of the land to the City.
(5)The City is not liable for compensation for the land referred to in subsection (1) if the City considers the provision of the public place to be a normal need arising from the subdivision or for internal engineering services.
(6)A person who fails to comply with subsection (2) is guilty of an offence and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3).

59. Servitude in respect of services arising from subdivision

The owner of any land unit arising from a subdivision must, after the confirmation of a subdivision(a)without compensation, allow any service relating to the approval of the subdivision to be conveyed across or installed on the land unit in the manner and position that the City or organs of state from time to time reasonably requires. The services include –(i)gas mains;(ii)electricity infrastructure;(iii)telephone cables;(iv)television cables;(v)internet cables;(vi)other electronic infrastructure;(vii)main and other water pipes;(viii)sewers;(ix)storm water pipes;(x)ditches and channels; and(xi)surface installations such as mini-substations, meter kiosks and service pillars;(b)allow access to the works contemplated in paragraph (a) on the land unit at any reasonable time including for the purpose of constructing, altering, repairing, maintaining, removing or inspecting the works; and(c)receive such material or permit such excavation on the land unit as may be required to allow use of the full width of an abutting street and provide a safe and proper slope to its bank necessitated by differences between the level of the street as finally constructed and the level of the land unit, unless the owner elects to build retaining walls to the satisfaction of and within a period determined by the City.

60. Amendment or cancellation of plan or subdivision

(1)The City may approve an application for the amendment, cancellation or partial cancellation of an approved plan of subdivision, diagram or general plan of –(a)a subdivision which has not been confirmed; or(b)a confirmed subdivision, in relation to land units shown on the general plan in respect of which no transfer has been registered in terms of the Deeds Registries Act.
(2)Prior to approving an application in respect of a confirmed subdivision, any affected public place indicated on a plan or diagram or general plan, must be closed in terms of the applicable legislation.
(3)If an application contemplated in this section is approved –(a)the applicant must submit the amended or cancelled plan or diagram to the SurveyorGeneral to give effect to the amendment or cancellation;(b)the applicant is liable for any expenditure resulting from the amendment or cancellation incurred by the City in respect of land that must be retransferred to or that reverts to the owner of the remainder of the land;(c)after the subdivision or part thereof has been confirmed, any public place which has been closed must be given a deemed zoning or rezoned to an appropriate zoning; and(d)the City must amend the zoning map and zoning register accordingly.

Part 5 – Owners’ association

61. Establishment and operation of an owners’ association

(1)The City may, when approving an application for subdivision, require the applicant to establish an owners’ association for an area determined in the conditions of approval.
(2)The requirement may be imposed only if the applicant satisfies the City that the owners’ association is likely to have the financial resources to maintain the private open space, private roads and other internal engineering services and amenities arising from the subdivision.
(3)The owners of land units arising from the subdivision become members of the owners’ association upon taking transfer of the land unit and may not resign from the owners’ association.
(4)No person may apply to the Registrar of Deeds for registration of, and the Registrar of Deeds may not register, a land unit arising from the subdivision without the consent of the owners’ association, which consent may not be unreasonably withheld.
(5)An owners’ association –(a)comes into existence upon the transfer of the first unit arising from the subdivision or part thereof;(b)is a juristic person, has perpetual succession and is capable of suing and of being sued;(c)has as its members all the owners of land units in the association’s area who are jointly liable for the expenditure incurred in connection with the association; and(d)must recover expenditure incurred in connection with the association from its members.
(6)The applicant for approval of subdivision must call the first meeting of the owners’ association within 60 days of the transfer of 60% of the land units arising from the subdivision or within two years of the transfer of the first land unit, whichever is the earlier.
(7)An applicant who contravenes subsection (6) is guilty of an offence and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3). (8) Members of an owners’ association must at the first meeting of the association elect the trustees of the association.
(9)The applicant for approval of subdivision must within 60 days of the first meeting notify the City that the meeting has taken place and provide the City with a copy of the minutes of the meeting.
(10)A home owners’ association established in terms of a previous planning law and which exists at the commencement of this By-Law is deemed to be an owners’ association established in terms of this By-Law.

62. Constitution of an owners’ association

(1)An owners’ association must have a constitution which –(a)must at least provide for –(i)the association to act in accordance with the collective mutual interests of its members;(ii)the control, administration and management of private open space, private streets and other services and amenities arising from the subdivision and buildings on land under the association’s control for the benefit of all members;(iii)the association’s ownership of private open space, private streets and internal engineering services arising out of the subdivision concerned;(iv)the obligation to enforce certain conditions of subdivision approval or management plans listed in the conditions;(v)the matters in section 61(5);(vi)where relevant, any further development which must form part of the association and the procedures for incorporating the development;(vii)the regulation of at least one yearly meeting of its members;(viii)the prohibition of the transfer of a land unit arising from the subdivision unless the consent of the association has been obtained and the grounds upon which such consent may be refused;(ix)arrangements for the transfer of a land unit in the event that the association ceases to function; and(x)the association’s implementation and enforcement of the provisions of subparagraphs (i) to (viii);(b)may also provide for –(i)the control, administration and management of design guidelines for buildings and landscaping on land units arising from the subdivision, provided that design guidelines may not introduce more restrictive development rules or land uses than provided in the development management scheme;(ii)financial penalties for a member who fails to comply with a provision of the constitution; and(iii)any other matter determined by the association which does not conflict with this By-Law or any other law.
(2)The City must certify that the constitution of an owners’ association complies with subsection (1)(a).
(3)The constitution of an owners’ association, as certified by the City, is deemed to be the constitution of the owners’ association and comes into force upon the transfer of the first land unit arising from the subdivision.
(4)The constitution of an owners’ association may be amended in accordance with the provisions of the constitution provided that an amendment concerning a matter in subsection (1)(a) becomes effective only when certified by the City.
(5)The constitution of an owners’ association and any amendment thereof must be lodged with the City and the latest copy duly lodged with the City, and which the City has certified in terms of subsection (2) or (4), is presumed to contain the operative provisions of the constitution.
(6)The City is exempt from liability for any damage which may be caused by its certification of a constitution of an owners’ association or an amendment thereof or by the loss of a constitution lodged with the City.
(7)The owners’ association must enforce the provisions of its constitution.

63. Owners’ association which fails to meet an obligation or ceases to function

(1)If an owners’ association fails to meet an obligation in section 61(5)(d) or section 62(1)(a)(ii) and the City believes that the community is adversely affected by the failure, the City may take appropriate action to rectify the failure.
(2)The City may recover any expenditure in respect of the action contemplated in subsection (1) from the owners’ association or its members, who are jointly liable.
(3)The amount of any expenditure so recovered is considered to be expenditure incurred in connection with the owners’ association for the purposes of section 61(5)(d). (4) If an owners’ association ceases to function effectively or to carry out its obligations, the City may give the association a binding instruction to –(a)hold a meeting and to reconstitute itself; or(b)dissolve itself, subject to the amendment of the conditions of approval relating to an obligation to establish an owner’s association and the removal of relevant provisions in the title deed.
(5)In determining whether to act in terms of subsection (4)(a) or (4)(b), the City must have regard to –(a)the purpose of the association;(b)who will take over the maintenance of internal engineering services and other which the association is responsible for, if at all;(c)the costs of upgrading the internal engineering services and other infrastructure if the City is to take over the infrastructure;(d)the impact of the dissolution of the association on its members and the community;(e)any written representations from the association and its members.
(6)If the association is dissolved, the members must jointly pay the costs of –(a)the transfer to the City of the association’s property which contains the internal engineering services and private open space;(b)the upgrading of the internal engineering services to the standards of the City.
(7)In the event that the owners’ association has ceased to function and its constitution does not provide for an owner who wishes to transfer a land unit in that event, the owner must obtain the consent of at least 60% of the members of the association, which consent is deemed to be the consent of the owners’ association unless the constitution provides for another procedure.

Part 6 – Engineering services

64. Definitions in this Part

In this Part, unless the context indicates otherwise –"bulk engineering service" means an engineering service required to provide an engineering service to multiple users in the municipal area and includes the land required for the bulk engineering service;"external engineering service" means a municipal engineering service situated outside the boundaries of a land area required to serve the use and development of the land area and is either a bulk engineering service or a link engineering service;"internal engineering service" means an engineering service situated within the boundaries of a land area required for the use and development of the land area and which is to be owned and operated by the City or a service provider or an owners’ association and may include a bulk engineering service or a link engineering service; and"link engineering service" means an engineering service required to connect an engineering service situated within the boundaries of a land area to a bulk engineering service and includes the land required for the link engineering service.

65. Responsibility for engineering services

(1)The City is responsible for the –(a)provision of an external engineering service; and(b)installation of a bulk engineering service if it is installed when planned according to the City’s service master plans and capital budget.
(2)An applicant is responsible for the –(a)provision and installation of an internal engineering service;(b)installation of a link engineering service, unless otherwise agreed with the City in writing; and(c)installation of a bulk engineering service if the land development requires the installation of the bulk engineering service other than in accordance with the applicable service master plan or capital budget of the City, and if the City in the conditions of approval requires the applicant to perform the installation.
(3)If necessary to maintain the functionality of the City’s long-term plans, the City may require an applicant, when installing a bulk engineering service or a link engineering service, to install a service in excess of the capacity of service required for the land development.
(4)Subject to subsection (5), the City must set off from the applicant’s development charge liability the fair and reasonable costs to the applicant of installing the following when required by the City to do so –(a)the portion of a link engineering service in excess of the capacity of service required for the land development; and(b)a bulk engineering service.
(5)An applicant is liable for the full costs of installing all bulk engineering services and link engineering services to meet the capacity of service required for the land development even if the costs exceed the total development charges for all phases of the development.
(6)If the City is not the provider of a bulk engineering service or a link engineering service, the applicant must satisfy the City that adequate arrangements have been made with the relevant service provider or sphere of government for the provision of that service.
(7)An applicant must ensure that the design of a bulk engineering service or a link engineering service to be installed by the applicant(a)accords with the City’s guidelines, design manuals, engineering practices and approved policies;(b)meets the standard and capacity required by the City; and(c)is approved in writing by the City before the engineering service is installed.
(8)If the City requires the applicant to install a bulk engineering service or a link engineering service, the applicant may not commence installation until the applicant has concluded an engineering services agreement with the City.
(9)The construction and installation of engineering services must be in accordance with plans and specifications which the applicant submitted to the City for the development or for each phase of the development and, if applicable, in accordance with the engineering services agreement.
(10)An applicant may install internal engineering services and external engineering services in phases provided that –(a)such phasing is made a condition of approval; and(b)the installation must be done in accordance with an approved phasing plan.
(11)The City may grant an exemption from the installation of engineering services in accordance with a policy approved by the Municipal Council or in accordance with applicable legislation.

66. Development charge

(1)The applicant must pay a development charge to the City in respect of the provision and installation of bulk engineering services and link engineering services in accordance with a policy adopted by the City.
(2)The City may grant an exemption or rebate from the payment of development charges in accordance with a policy approved by the Municipal Council or in accordance with applicable legislation.
(3)The development charge is subject to annual escalation as provided for in the approved policy.

Part 7 – Exemption of certain subdivisions and consolidations from the need for approval

67. Exemption of certain subdivisions and consolidations from the need for approval

(1)Subject to subsection (5), the subdivision or consolidation of land units does not require approval in terms of this By-Law if it arises from –(a)the implementation of a court order;(b)an expropriation;(c)an amendment of the common boundary between two or more land units if the resulting change in area of any of the land units is not more than 10%;(d)the survey of closed streets or public open spaces in order to consolidate with an abutting land unit;(e)construction or alteration of a public road or a public street;(f)the need to transfer land units to the City or an organ of state in terms of the Deeds Registries Act for municipal or government purposes;(g)the registration of a servitude or lease for the provision or construction of –(i)an engineering service or other service provided by or on behalf of the state or a service provider including communication infrastructure and pipelines; or(ii)an encroachment into a road reserve; or(iii)a municipal engineering service; or(iv)the imposition of height restrictions;(v)the granting of a right of habitation, private right of way or usufruct; or(vi)bore-hole or waterpipe;(h)an existing state- or City-owned housing scheme in order to make ownership of individual land units possible.(i)a consolidation of land required in terms of a condition of approval imposed in terms of the Ordinance prior to this By-Law coming into force; or(j)the consolidation of land units where an existing building constructed in terms of approved building plans and in accordance with such plans straddled the boundaries of two or more contiguous land units prior to the commencement of this By-law;(k)the cession of land to the City for inclusion into a road reserve.
(2)Subject to subsection (5), the City may, by notice in the Provincial Gazette, exempt any other type of subdivision application from the need for approval in terms of this By-Law if the exemption does not adversely affect the rights or legitimate expectations of any person.
(3)Subject to subsection (4), the City may, on application, exempt a subdivision from the need for approval in terms of this By-Law if exceptional circumstances exist and if the exemption does not adversely affect the rights or legitimate expectations of any person.
(4)The City must endorse on the plan of subdivision that a subdivision is exempt from the need for approval in terms of this By-Law.
(5)The exemptions in subsection (1) and the power to exempt in subsection (2) do not apply –(a)if a rezoning or any other land use approval in terms of this By-Law is required;(b)when engineering services must be moved or provided; or(c)if the subdivision is required to create individual land units for new housing.

Part 8 – Emergency housing and urgent housing

68. Emergency housing

(1)In this section, unless the context indicates otherwise, ‘emergency housing’ means temporary housing required for households whose homes are uninhabitable as a result of a disaster situation caused by rain, flood, wind, fire, earthquake, accident or other circumstance sufficient in nature and scale to result in widespread homelessness and where the damage or threat to the homes cannot be rectified without temporary relocation and the households cannot be rehoused on site during the rectification.
(2)If the City identifies a need for the establishment of emergency housing on land which is not zoned for the purpose, the City may approve the commencement of a process to declare the land to be an emergency housing site.
(3)The City may approve the commencement of a process to declare the land to be an emergency housing site only if it is satisfied that basic water and sanitation services can be provided to the site and with the consent of owner of the land if the City is not the owner of the land.
(4)The City must advertise its intention to establish an emergency housing site in accordance with the requirements of the Municipal Systems Act and any applicable City policy.
(5)The notice must contain at least the following information-(a)a description of the land and the physical address of the land;(b)the reason for declaring the land to be an emergency housing site;(c)that the City intends to suspend the zoning applicable to the land for a period of 90 days to allow the land to be used for emergency housing which would otherwise be in contravention of the development management scheme;(d)details of where and when particulars of the matter are available for inspection;(e)an invitation to members of the public to lodge with the City written comment or objection with reasons;(f)details of the procedure for that person to submit written comment and the date by when it must be lodged (which may be no less than 10 days after the publication of the notice); (g) a statement that no late comment or objection will be considered; and(h)a statement that any person who cannot write may come during office hours to a stated place where an authorised official will assist that person by transcribing that person’s comment or objection and reasons.
(6)To the extent necessary, the City must request the Provincial Minister for authorisation in terms of section 60(2) of the Land Use Planning Act to deviate from the provisions of that Act.
(7)After considering any timeous comments, the City may declare the land to be an emergency housing site and suspend the zoning applicable to the land for a period of up to 90 days to allow the land to be used for emergency housing.
(8)A declaration contemplated in subsection (7) –(a)must be published by the City in the Provincial Gazette within 48 hours;(b)means that the use of the land for emergency housing will be regarded as consistent with this By-Law; and(c)does not exempt a person using land for emergency housing from their duty to comply with all other applicable law.
(9)After following a process which complies with the provisions of this section, the City may extend the declaration contemplated in subsection (7) for a further period of up to 90 days.

69. Urgent housing

(1)Subject to subsection (2), the City may declare an application for the establishment of housing to be an urgent housing application.
(2)The City may declare an application to be an urgent housing application only if –(a)the application relates to government-subsidised housing; and(b)the land concerned is either –(i)designated for government subsidised housing in terms of the integrated development plan, the municipal spatial development framework, a district spatial development framework or a local spatial development framework; or(ii)subject to an established high demand for government subsidised housing and a low supply of housing opportunities.
(3)The City may to the extent necessary exempt the applicant from a procedural requirement or shorten a time period provided for in this By-Law, provided that the procedure must still comply with the provisions of applicable legislation dealing with advertising.
(4)To the extent necessary, the City must obtain authorisation from the Provincial Minister in terms of section 60(1) of the Land Use Planning Act to deviate from the provisions of that Act in the processing of an urgent housing application.

Chapter 7
General procedures for all applications

Part 1 – Making an application

70. Pre-application consultation

(1)The City may require an applicant to consult with an authorised official prior to submitting an application in terms of this By-Law in order to determine among other things the –(a)information which must be submitted with the application;(b)nature of the public notification to be carried out in accordance with Chapter 7;(c)investigations which must be carried out;(d)further applications required in terms of this By-Law or any other relevant law;(e)sequence in which the applications should be processed;(f)combined advertising of different applications required in terms of different laws;(g)engineering services required and the need to liaise with other organs of state for services regarding engineering services;(h)liaison required with other organs of state in order to align procedures for processing applications in terms of different legislation; and(i)consideration of whether a package of plans approach, as contemplated in item 136 of schedule 3 of this By-Law, is to be followed.
(2)The City Manager may prescribe requirements to determine whether an application requires pre-application consultation, the nature of the information that is required, the procedures to be followed and the time periods within which such meetings must take place.
(3)An applicant may in writing request a pre-application consultation.
(4)The City must keep a record of a pre-application consultation.

71. Information required

(1)An application must be accompanied by at least –(a)the prescribed application form completed and signed by the applicant and owner, where the applicant is not the owner;(b)the following authority –(i)if the applicant is not the owner of the land, a power of attorney signed by the owner and the owner’s contact details;(ii)if the owner is a company, close corporation, trust, body corporate or an owners’ association, proof that the applicant is authorised to act on behalf of the owner;(iii)if the owner is a close corporation or company proof that a close corporation or company has not been deregistered and is not in the process of being deregistered;(iv)if the owner is a trust, a copy of the Trust Deed; and(v)the consent of any mortgage bond holder, if any, in respect of an application prescribed by the City Manager;(vi)the name of the representative with whom, and the method by which, the City will liaise and notify;(c)proof of payment of all fees in respect of the application;(d)if pre-application consultation has taken place, the record of the pre-application consultation proceedings;(e)a full copy of the title deed and if required by the City Manager, a conveyancer’s certificate indicating that there are no restrictive conditions relating to the application;(f)a locality plan, layout plan or plan depicting the proposed development in its cadastral context;(g)a copy of the Surveyor-General’s diagram of the subject property or extract from the approved general plan;(h)written motivation for the application based on the criteria for decision and information to support such motivation;(i)the information required in the pre-application consultation;(j)sufficient information as required in terms of the City’s approved Development Charge policy;(k)any additional information that the City Manager prescribes in relation to that type of application;(l)any additional information that the City Manager calls for in relation to that particular application;(m)in the case of an application for the subdivision of land, the subdivision plan showing the following –(i)location of the proposed land units;(ii)proposed zonings in respect of the proposed land units;(iii)public places;(iv)existing structures;(v)existing and proposed access points;(vi)servitudes;(vii)contours with at least a 1m interval or such interval as the City Manager may prescribe;(viii)existing external engineering services;(ix)any significant natural features;(x)street furniture;(xi)scale of the plan; and(xii)the proposed names and numbers of streets.
(2)If a subdivision is to be implemented in phases, the subdivision application must be accompanied by a phasing plan showing –(a)the proposed timeline for the completion of the entire subdivision;(b)how the subdivision will be implemented and what engineering services must be in place before a certificate contemplated in section 137 may be granted;(c)that the engineering services for each phase will be able to function independently and in sequence;(d)the links in engineering services to the next phase;(e)proposed measures to avoid or mitigate any adverse impact on adjoining land units or proposed land units not located within the phase to be developed; and(f)a map indicating –(i)the proposed subdivision which clearly marks, in bold lines, the boundaries of each proposed phase;(ii)each phase labelled alphabetically; and(iii)the roads, land units, open spaces, internal engineering services and external engineering services that the applicant will provide for each phase.
(3)If an application for subdivision requires a servitude over land which does not belong to the applicant, the applicant must provide a copy of a written agreement with the owner of the land over which the servitude will be registered.
(4)If an owners’ association is to be established, the applicant must provide an indication of the financial costs of the maintenance of the private open spaces, private streets and internal engineering services and amenities for the owners’ association.
(5)An application must comply with any information specification of the City Manager in respect of that particular application or that type of application relating to matters such as size, scale, colour, number of hard copies, electronic format and file format.
(6)The City Manager may in writing waive any information requirement for a particular application or a type of application.

72. Application fee

(1)Before submitting an application, an applicant must pay the application fee.
(2)The City may refund an application fee only if permitted by the City’s Tariff, fees and charges book.

73. Refusal to accept an application

(1)The City must refuse to accept an application if –(a)a pre-application consultation is required but has not taken place;(b)the City has not received the application fee;(c)the application does not comply with an information specification, lacks necessary information required in terms of section 71 or contains manifestly incorrect information; or(d)in the City’s opinion, a materially similar application was refused within the previous six months (other than by way of a deemed refusal contemplated in section 75(4)) and there has been no relevant change in law or policy or the factual considerations upon which the decision to refuse was based have not changed.
(2)The City may refuse to accept an application if the application is not accompanied by an application for any other approval required in terms of this By-Law.

74. Acceptance of application and call for additional information

If the City accepts the application, the City Manager must –(a)acknowledge receipt of an application either by means of a stamp on the submitted application on the day of receipt or in writing;(b)within 7 days after receipt of the application or such further period as may be agreed in writing either –(i)call for additional information or fees; or(ii)notify the applicant that the application is complete.

75. Additional information

(1)The applicant must, within 20 days or such further period agreed with the City Manager, provide the City with any additional information which the City Manager calls for.
(2)If the applicant provides additional information or fees which the City Manager considers inadequate or non-compliant with an information specification, the City Manager may within 7 days or such further period as may be agreed, in writing either –(a)again call for additional information or fees; or(b)notify the applicant that the application is closed, in which event subsection (4) applies.
(3)If the applicant does not timeously provide the additional information and does not timeously request the City Manager to make a determination as contemplated in subsection (5), the City may close the application and notify the applicant in writing.
(4)If the City closes the application –(a)the application is deemed to be refused; and(b)the applicant may submit a new application and must pay a new application fee.
(5)If the applicant disputes that the additional information is necessary, the applicant may, within 21 days of the call for information, request the City Manager to make a determination.

76. Complete application

(1)An application is complete if the City has received the application fee, all information necessary for the City to assess the application and the information submitted is compliant with all information specifications.
(2)Within 7 days after receipt of any additional information which the City Manager called for and considers adequate and compliant with all information specifications, the City Manager must notify the applicant in writing that the application is complete.
(3)The date that an application is complete is regarded as the date of submission.

77. Withdrawal of application

(1)An applicant may, at any time prior to a decision being taken, withdraw an application on written notice to the City.
(2)If an applicant withdraws their application –(a)the application fee is not refundable; and(b)the applicant must submit a new application to proceed with the application.

78. Duties of an applicant

(1)An applicant must ensure that –(a)no misrepresentation is made to the City;(b)the City is not misled;(c)all information furnished to the City is accurate; and(d)the application does not omit any relevant information.
(2)A person who contravenes subsections (1)(a) or (1)(b) is guilty an offence and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3).

Part 2 – Notice and comment

79. Notice of application

(1)The City must, in accordance with the requirements of this Part, cause notice to be given of its intention to consider an application.
(2)Subject to sections 80, 81 and 82, the City may require the use of or use any one or a combination of these methods of notice –(a)publish a notice in the media as contemplated in section 81;(b)serve a notice to a person as contemplated in section 82;(c)serve a notice of no objection as contemplated in section 84.
(3)The City may, in addition to the methods contemplated in subsection (2), require the applicant to display a site notice which must –(a)be laminated and of a size of at least 60 cm by 42 cm;(b)be displayed on every boundary of the land unit or units concerned which abut a street or at any other conspicuous place on the unit or units which the public is likely to see;(c)be displayed for a period and from a date set by the City Manager, which may not be less than 30 days; and(d)be replaced if it is damaged or removed during the notification period.
(4)Where an applicant gives notice, the applicant must provide proof to the City within seven days of giving notice.
(5)Subject to the requirements of national and provincial legislation, the City Manager may exempt an application from a public notification process if the application does not materially and adversely affect the rights of the public.

80. Content of notice

(1)Any notice which is given regarding an application must contain the following information –(a)details of the applicant and the owner of the land unit (if different from the applicant);(b)description and physical address of the land unit;(c)the purpose of the application to which the notice relates;(d)details of where and when particulars of the application of which notice is given are available for inspection;(e)an invitation to members of the public to lodge with the City written comment or objection with reasons;(f)details of the procedure for a person to submit written comment or objection and the date by when it must be lodged (which may not be a date less than 30 days from the date of the notice);(g)a statement that no late comment or objection will be considered unless the City Manager has agreed in writing; and(h)a statement that any person who cannot write may come during office hours to a stated place where an authorised official will assist that person by transcribing that person’s comment or objection and reasons.
(2)The notice must require a person providing written comment or objection to provide the details contemplated in section 90(5).

81. Notice in the media

(1)The City Manager must cause notice to be given in the media of the City’s intention to consider an application listed in section 43 of the Land Use Planning Act.
(2)The City Manager may prescribe any other type or category of application that requires the publication of a notice in the media.
(3)A notice in the media contemplated in subsection (1) or (2) must be published―(a)in accordance with section 21 of the Municipal Systems Act in at least two of the official languages of the Province most spoken in the area concerned; and(b)if publication as contemplated in paragraph (a) is considered to be ineffective, through other effective means, which may include announcements through a loudhailer, publication on websites or community notice boards, or communication through email lists or social media.

82. Notice to a person

(1)The City Manager must cause a notice to be served, as contemplated in subsections (2) and (4), of the City’s intention to consider the following applications –(a)determination of a zoning or deemed zoning;(b)rezoning of land;(c)subdivision or amendment of subdivision;(d)consolidation;(e)amendment or imposition of a condition;(f)removal, suspension or amendment of a restrictive condition;(g)[Subsection 1(g) deleted by amendment on 2016-07-01].
(1A)The City may cause notice to be served as contemplated in subsections (3) and (4) of the City’s intention to consider any other category of application contemplated in section 42.
(2)The notice must be served –(a)on a person whose rights or legitimate expectations are materially and adversely affected if the application is approved;(b)in accordance with section 111 of this By-Law.
(3)If the City intends to rezone land which it does not own it must give notice to the owner.
(4)If notice is given in only one official language of the Province, the notice must contain a statement in each of the other official languages of the Province that the City will, upon request delivered within seven days of notification, translate the notice into another official language of the Province.

83. Notice to a representative

The City Manager may prescribe a category of application contemplated in section 42 which must be served on –(a)a councillor for the area to which the application relates; or(b)a named organisation which represents an interest to which the application relates and which is registered with the City for this purpose.

84. Notice of no objection

(1)The City Manager may cause a notice to be served as contemplated in subsection (2) of the City’s intention to consider the following applications –(a)departure;(b)consent use;(c)extension of time period;(d)consent in terms of or relaxation of a restrictive condition where provided for in the title deed condition;(e)any other form of permission required in terms of the development management scheme.
(2)The notice must contain at least –(a)the information contemplated in sections 80(1)(a) - 80(1)(d);(b)details of the land use proposal or building plan number, date and version as the case may be;(c)provisions to permit the person to whom notice is given to sign indicating that they have no objection to the proposed application and waiving their right to be notified in accordance with section 82; and(d)information relating to the person’s right to have the application advertised to them so that they may comment or object to the application.
(3)Unless an alternative method of service is authorised by the City Manager, the notice must be served personally on a person whose rights or legitimate expectations are likely to be materially and adversely affected by the approval of the application.
(4)The procedure in section 82 must be followed if –(a)the information on the notice of no objection is incomplete; or(b)an affected owner refuses to sign a notice of no objection or cannot be contacted to sign the notice.
(5)If the applicant furnishes a notice of no objection from all the persons the City Manager identifies, then –(a)that date will be regarded as the date of closure of the period for public comment; and(b)the provisions of the Part do not apply, apart from sections 86, 87, 88, and 95.

85. Deemed notice to owners in a sectional title development

(1)Where there is a sectional title development constituted under the Sectional Titles Act, notification to the Body Corporate concerned is deemed to be notification to all owners in that sectional title development.
(2)The Chairperson of the Body Corporate must ensure that all owners in the sectional title development are notified.

86. Notice to the Provincial Government

(1)When an application relating to any of the following is complete (in accordance with section 76), the City must refer the application to the head of the department in the Provincial Government responsible for land use for comment –(a)a development outside of the City’s development edge line in the municipal spatial development framework;(b)a rezoning of land zoned for agricultural purposes or conservation purposes;(c)a development prescribed by the City Manager; and(d)a development prescribed by the Provincial Government.
(2)The City may not decide on an application contemplated in subsection (1) until –(a)it has received comment from the head of department; or(b)no comment has been received with 60 days of referral, or such further period agreed by the City Manager, in which event the Provincial Government will be regarded as having no comment.

87. Notice to an organ of state other than the Provincial Government

(1)An organ of state which is given notice of an application and invited to comment must do so within 60 days of –(a)notification; or(b)receiving all information reasonably necessary to comment if the application is incomplete and the organ made a request for additional information within 14 days of notification.
(2)An organ of state that fails to comment within the period contemplated in subsection (1) will be regarded as having no comment.
(3)An organ of state may be given notice by means of email addressed to the Head of Department or Director General of that organ of state.

88. Internal circulation

(1)The City Manager must forward an application simultaneously to every department of the City which may have a direct interest in the application.
(2)A department must submit comment relevant to the functional area of that department within the time period set by the City Manager, failing which it will be regarded as having no comment.
(3)If as a result of circulation to departments, the City Manager requires additional information, the provisions of section 75 apply.

89. Intervener

(1)A person contemplated in subsection (2) may, within the period contemplated in subsection (3), submit a petition on the prescribed form to the City Manager to be granted intervener status.
(2)A person may submit a petition only if he or she has not been given notice of the application in terms of sections 82 or 83 and –(a)if the application has not yet been decided – the petitioner has an interest in the application; or(b)if the application has been decided – the petitioner has a pecuniary or proprietary interest which is adversely affected or is able to demonstrate that she or he will be adversely affected by the decision or an appeal in respect of the decision.
(3)A petition is invalid if it is submitted –(a)more than seven days after the petitioner became aware of the application or might reasonably have been expected to have become aware of the application; or(b)after the effective date of decision contemplated in section 105(2).
(4)A petitioner must submit together with the petition –(a)if the application has not yet been decided – in accordance with section 90(5), any objection, comment or representations and the reasons therefor that the petitioner wishes the decision-maker to consider;(b)if the application has been decided – a written notice of appeal and grounds of appeal in accordance with section 108(1); and(c)an affidavit stating that he or she is not colluding with any applicant, objector or appellant and is willing to act in regard to the application or appeal as the City may direct.
(5)The City Manager must provide a copy of the petition and the information contemplated in subsection (4) to the existing parties to the proceedings for comment.
(6)The City Manager may –(a)refuse a petition if it is late;(b)if there is no question that the petition should be granted, grant the petitioner intervener status; or(c)in the event that a question arises as to whether the petition should be granted, refer the petition for determination to –(i)the Municipal Planning Tribunal or the authorised official who must decide the application if the application has not yet been decided; or(ii)the appeal authority if the application has been decided.
(7)In deciding whether to grant a petitioner intervener status, the Municipal Planning Tribunal, authorised official or appeal authority, as the case may be, must consider at least whether –(a)the petitioner qualifies in terms of subsection (2);(b)no existing party to the proceedings adequately represents the interest of the petitioner;(c)the petitioner represents other persons who have a similar interest in the proceedings and who are not otherwise represented;(d)refusing the petition would impede the ability of the petitioner to protect his or her interest;(e)the petitioner’s objection, comment or representations are relevant to the proceedings, different from those of the existing parties, and would assist the decision-maker; and(f)granting the petition would not cause undue delay or otherwise prejudice the interest of any party to the proceedings.
(8)The decision-maker must notify the petitioner and the existing parties to the proceedings of the outcome of the petition.
(9)There is no appeal against a determination to grant or to refuse a petition.
(10)A person who is granted intervener status after an application is decided is regarded as an appellant.

90. Objection to an application

(1)A person who has been invited to comment or object, or any person in response to a public invitation to comment or object, may object to, comment on or make representations about the application in accordance with this section.
(2)An objection, comment or representation must be in writing.
(3)A late objection, comment or representation will not be considered unless the City Manager condones the late submission in terms of subsection (4). (4) The City Manager may condone the late submission of an objection, comment or representation if good cause is shown and consideration of the late objection, comment or representation would not –(a)cause an unreasonable delay; or(b)prejudice the public interest.
(5)A person who submits an objection, comment or representation must provide –(a)sufficient details of the application for it to be readily identified;(b)their full name;(c)their address and other contact details and the method by which they may be notified;(d)their interest in the application;(e)the reason for their objection, comment or representation, including at least –(i)the effect that the application will have on them or the area;(ii)any aspect of the application that is considered to be inconsistent with policy, and how.
(6)An objection, comment or representation which does not meet the requirements of subsection (5) may be disregarded.
(7)The City Manager may keep the information provided under subsections (5)(b) and (5)(c) confidential on good cause shown.
(8)No person may request the payment of money or any other form of consideration from the applicant or any person involved in the application in return for not submitting an objection or in return for submitting a notice of no objection or a supportive comment.
(9)No person may offer a person payment of money or any other form of consideration in return for not submitting an objection or for submitting a notice of no objection or a supportive comment.
(10)Subsections (8) and (9) do not prohibit the request for or the offer to undertake measures to mitigate the impact of the development contemplated in the application.
(11)A person who contravenes subsections (8) or (9) is guilty an offence and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3).

91. Petition

(1)The minimum requirements of a petition are that –(a)each page of the petition must contain –(i)sufficient details of the application for it to be readily identified;(ii)a brief statement of and reason for the petition; and(iii)the effect that the application will have on the petitioners or the area;(b)each petitioner must give their full name, physical address and signature;(c)when the petition is submitted, the authorised representative of the petitioners must give their full name, postal address, telephone number and email address or fax number.
(2)A petition must be submitted within the time allowed for public comment as contemplated in Chapter 7.
(3)A late petition will not be considered unless the City Manager condones a late submission in terms of subsection (4).
(4)The City Manager may condone the late submission of a petition if good cause is shown and consideration of the late petition would not –(a)cause an unreasonable delay; or(b)prejudice the public interest.
(5)Notice given to the person contemplated in subsection (1)(c) will be regarded as notice to all petitioners.
(6)If support for a petition is collected electronically, the provisions of this section apply as far as possible, provided that no signatures will be required.
(7)A petition which does not meet the requirements of subsection (1) may be disregarded.
(8)A petition will be regarded as a representation for the purposes of this Part.

92. Response from the applicant

(1)Within 7 days of the closing date for comment, the City Manager must provide the applicant with –(a)copies of all comments, representations or objections received;(b)requirements of a department of the City; and(c)a notice informing the applicant of their rights in terms of this section.
(2)Within 20 days of notification, or within an additional period of 14 days if the City Manager approves an extension before expiry of the 30 days, the applicant may submit to the City a written response to the comments, representations, objections and requirements.
(3)An applicant who fails to submit a response within the period contemplated in subsection (2) will be regarded as having no response.
(4)The applicant may elect to not submit a response in terms of subsection (2), in which event the date that the City receives a written communication to that effect will be regarded as the date of the applicant’s response.

93. Amendment of application before decision

(1)The applicant may amend their application at any time after notice has been given in terms of this By-Law and prior to the date a decision is taken –(a)at the applicant’s own initiative;(b)as a result of objections and comments made during the public notification process; or(c)at the request of the City.
(2)If an amendment is material, the City may require additional notification in terms of this ByLaw and may require the recirculation of the application.

94. Further notice

(1)The City may require that fresh notice of an application be given if a period of more than 24 months has elapsed since the first notice of the application and the application has not been decided.
(2)The City may determine the manner of giving notice as contemplated in subsection (1).
(3)The City may require notice of an application to be republished or served again and recirculated to departments at any stage during the processing of the application if new information comes to its attention which is material to the consideration of the application and which adversely affects any person.

95. Access to information about an application

(1)By lodging an application in terms of this By-Law, the applicant acknowledges that the information contained in the application and obtained during the process may be made available to the public.
(2)By lodging an objection, representation, comment or appeal, the person doing so acknowledges that information may be made available to the public and to the applicant.
(3)A file created by the City concerning the application is available for inspection by the public during office hours at any stage during the processing of the application if not being used by the Department.
(4)After a decision has been taken, the decision and conditions imposed are available to the public on payment of the fee prescribed by the City’s Tariff, fees and charges book.

Part 3 – Process and criteria for deciding application

96. Power to conduct inspection

(1)An authorised official may enter land or a building for the purpose of assessing an application in terms of this By-Law and preparing a report contemplated in section 97. (2) When conducting an inspection, the authorised official may –(a)request that any record, document or item be produced to assist in the inspection;(b)make copies of, or take extracts from any document produced by virtue of paragraph(a)that is related to the inspection;(c)on providing a receipt, remove a record, document or other item that is related to the inspection;(d)take any photograph that the authorised official considers necessary; and(e)inspect any building or structure and make enquiries regarding that building or structure.
(3)No person may interfere with an authorised official who is conducting an inspection contemplated in subsection (1).
(4)The authorised official must, on request, produce identification showing that the City has authorised them to conduct the inspection.
(5)An inspection under subsection (1) must take place at a reasonable time and after reasonable notice to the owner or occupier of the land or building.

97. Assessment of application

(1)The Department must provide a written report for consideration by the decision maker containing –(a)an assessment of the application;(b)a recommendation;(c)where applicable, proposed conditions; and(d)copies of all relevant information to enable the decision maker to take an informed decision.
(2)The Department must provide the report contemplated in subsection (1) to the decision maker within the time period determined by the City Manager.
(3)In the event that the Department fails to provide the report within the time period contemplated in subsection (2), the applicant may request the City Manager to take steps to ensure that the report is provided to the decision maker within 30 days of the City Manager deciding that the report must be provided.
(4)Where a decision is to be taken by an authorised official, the authorised official taking the decision must be senior to or at the same level as the authorised official assessing the application and making a recommendation.
(5)A registered planner must provide the report contemplated in subsection (1) when dealing with the –(a)adoption or an amendment of the municipal spatial development framework;(b)approval or amendment of the development management scheme;(c)rezoning of land;(d)subdivision of land into more than 20 land units;(e)determination of a zoning;(f)approval of an overlay zone through the amendment of this By-Law;(g)removal, suspension or amendment of a restrictive condition, if a change of land use is involved;(h)amendment, deletion or additional conditions in respect of an existing use right; or(i)phasing, amendment or cancellation of a plan of subdivision or a part thereof.

98. Determination of application

The City may in respect of an application –(a)conduct any necessary investigation including the power to conduct an inspection as contemplated in section 96;(b)approve the application –(i)in whole or in part;(ii)with an amendment provided that the amendment does not materially change the nature of the application;(iii)subject to conditions set out in section 100; and(iv)limit the approval to one or more of the uses included within the zoning or description of the consent use in case of an approval of a rezoning application or a consent use;(c)refuse the application;(d)make an appropriate determination regarding all matters necessary or incidental to the performance of its functions in terms of this By-Law and other applicable law.

99. Criteria for deciding application

(1)An application must be refused if the decision-maker is satisfied that it fails to comply with the following minimum threshold requirements –(a)the application must comply with the requirements of this By-Law;(b)the proposed land use must comply with or be consistent with the municipal spatial development framework, or if not, a deviation from the municipal spatial development framework must be permissible;(c)the proposed land use must be desirable as contemplated in subsection (3); and(d)in the case of an application for a departure to alter the development rules relating to permitted floor space or height, approval of the application would not have the effect of granting the property the development rules of the next subzone within a zone.
(2)If an application is not refused under subsection (1), when deciding whether or not to approve the application, the decision maker must consider all relevant considerations including, where relevant, the following –(a)any applicable spatial development framework;(b)relevant criteria contemplated in the development management scheme;(c)any applicable policy or strategy approved by the City to guide decision making, which includes the Social Development Strategy and the Economic Growth Strategy;(d)the extent of desirability of the proposed land use as contemplated in subsection (3);(e)impact on existing rights (other than the right to be protected against trade competition);(f)in an application for the consolidation of land unit(i)the scale and design of the development;(ii)the impact of the building massing;(iii)the impact on surrounding properties; and(g)other considerations prescribed in relevant national or provincial legislation, which includes the development principles as contained in section 7 of the Spatial Planning and Land Use Management Act, 2013 (Act no. 16 of 2013).
(3)The following considerations are relevant to the assessment under subsection (1)(c) of whether, and under subsection (2)(d) of the extent to which, the proposed land use would be desirable –(a)socio-economic impact;(b)[item (b) deleted by amendment on 2016-07-01](c)[item (c) deleted by amendment on 2016-07-01](d)compatibility with surrounding uses;(e)impact on the external engineering services;(f)impact on safety, health and wellbeing of the surrounding community;(g)impact on heritage;(h)impact on the biophysical environment;(i)traffic impacts, parking, access and other transport related considerations; and(j)whether the imposition of conditions can mitigate an adverse impact of the proposed land use.
(4)An application in respect of an existing use or construction work which has commenced in contravention of this By-Law must be dealt with in terms of section 130.
(5)No decision required to be made in terms of this By-Law may be delayed pending the creation of a policy to guide decision-making on the matter.

100. Conditions of approval

(1)The City, when granting an approval or making a determination in terms of this By-Law, may impose reasonable conditions which arise from the proposed use of land.
(2)The conditions may include but are not limited to conditions relating to –(a)the provision of land needed for public places or the payment of money in lieu of the provision of land;(b)the cession of land or the payment of money;(c)the provision and installation of engineering services and indicate –(i)whether the applicant is required to provide or install engineering services as contemplated in section 65, or pay a development charge, or partly provide or install the engineering services and partly pay a development charge;(ii)if relevant, the development charge payable and the date that it is payable;(iii)if a phasing plan for the development is approved, that the installation of engineering services and the payment of development charges may take place separately for each phase;(iv)if the City will take over responsibility for the engineering services, whether the applicant is required to maintain the engineering services for a specified period of time or provide a maintenance guarantee;(v)a requirement to provide proof that an organ of state or state owned enterprise responsible for the provision of a service, is able to provide that service before the transfer of the first land unit;(d)the provision of land needed by, and other requirements of, other organs of state;(e)the endorsement in terms of section 31 of the Deeds Registries Act in respect of public places where ownership vests in the City;(f)the registration of public places in the name of the City;(g)the transfer of ownership to the municipality of land needed for other public purposes or community facilities;(h)the implementation of a subdivision in phases;(i)the establishment of an owners’ association by the applicant in respect of a subdivision as contemplated in section 61;(j)a requirement to carry forward into the title deed of each land unit arising from an approved subdivision that-(i)every owner of a land unit arising from an approved subdivision becomes a member of the owners’ association on registration of transfer in their name and must remain a member whilst owning the land unit; and(ii)the land unit may not be sold or transferred except with the consent of the owners’ association which may not be unreasonably withheld;(k)the payment of a administrative penalty as contemplated in section 129 in respect of the unlawful use of land;(l)conditions contemplated in the development management scheme in respect of a particular application.
(3)A condition contemplated in subsection (2)(b) may require a proportional contribution to municipal public expenditure according to the normal need arising from the approval, as determined by the City in accordance with norms and standards as may be prescribed or in accordance with an approved policy.
(4)Municipal public expenditure contemplated in subsection (3) includes, but is not limited to, municipal public expenditure for municipal service infrastructure and amenities relating to –(a)community facilities, including play equipment, street furniture, crèches, clinics, sports fields, indoor sports facilities or community halls;(b)environment conservation purposes;(c)engineering services; or(d)municipal public transport.
(5)Apart from public places and land needed for internal engineering services, any additional land required by the City or another organ of state arising from an approved subdivision must –(a)be acquired subject to any applicable law that provides for the acquisition or expropriation of land;(b)be purchased at the time specified in a condition or in the absence of any time specified in the condition, when the applicant can prove to the City or organ of state that 50% of the saleable land units arising from the subdivision have been sold.
(6)Where relevant to the type of condition, a condition must contain an objective criterion which must be met.
(7)The decision maker may not impose a condition that stipulates that approval in terms of other legislation is required.
(8)If the City approves an application subject to a condition, it must specify the date or event by which a condition must be met (such as before the sale, development or transfer of the land), or whether it applies for the duration of the approval.
(9)A conditional approval of an application lapses if a condition is not met within –(a)the period for compliance specified in such approval;(b)if no period for compliance is specified in the approval, five years from the effective date of decision; or(c)any period of extension granted in terms of section 107.

101. Further conditions and amendment of conditions

The City may amend or remove a condition imposed or deemed to have been imposed in terms of this By-Law, or impose a condition –(a)on application; or(b)on its own initiative after notice to the owner and any affected person.

102. Timeframe for making a decision

(1)If an application complies with all the requirements of this By-Law and any other applicable legislation the decision-maker must decide on the application within 90 days or such other period agreed with the applicant, calculated from –(a)the date the application is complete as contemplated in section 76, in cases where no notice of the application has been given.(b)the latest closing date for the submission of comments, objections or representations, where the City does not receive any comment, objection or representation; or(c)the date that the applicant responds to comments, objections or representations or the closing date for a response if the applicant does not respond, where the City receives a comment, objection or representation.
(2)The City may (without the applicant’s agreement) extend the period contemplated in subsection (1) and notify the applicant of the period of the extension and the reasons for the extension –(a)in exceptional circumstances related to the nature or complexity of the application;(b)if the City is in recess; or(c)where the City Manager has taken steps contemplated in section 97(3) to ensure that the report contemplated in that subsection is provided to the decision maker.

103. Failure to decide timeously

If the decision maker fails to decide on an application within the period referred to in section 102, then the applicant may exercise a right of appeal and the appeal authority must decide on the application.

Part 4 – Decision

104. Requirement for writing and notification of decision

(1)A decision in terms of this By-Law is valid only if it is in writing.
(2)Within 14 days of a decision in terms of this By-Law, the City must notify the persons contemplated in subsection (3) in writing of –(a)the decision;(b)where the decision may be inspected;(c)if applicable, their right of appeal and right to request reasons; and(d)the effective date of decision contemplated in section 105.
(3)The City must notify the following persons if applicable –(a)the owner;(b)the applicant, if different from the owner;(c)any person who comments on, objects to, or intervenes in an application; and(d)a person in respect of whom an enforcement action is taken in terms of Chapter 9.

105. Effective date of decision

(1)The operation of the approval of an application is suspended until the effective date of the decision contemplated in subsections (2) and (3).
(2)The effective date of a decision in terms of this By-Law is –(a)the date that the City gives notice that no appeal has been timeously lodged and that the decision is accordingly effective; or(b)subject to subsection (3), if an appeal is timeously lodged, the date that the appeal is decided by the appeal authority.
(3)If an appeal is lodged only against a condition imposed in terms of section 100, the City may determine that the operation of the approval of the application is not suspended.
(4)In the event that a decision is challenged in an application for administrative review before a competent court, the City may on application suspend the operation of the decision pending the final determination of the review.

106. Errors and omissions

(1)The City may at any time correct an error in the wording of its decision as long as the correction does not change its decision or result in an alteration, suspension or deletion of a condition of its approval.
(2)The City may at any time, of its own accord or on application by an applicant or interested party, upon good cause being shown, condone an error in the procedure provided that such condonation does not have material adverse impact on or unreasonably prejudice any party.

Part 5 – Extension of validity of an approval

107. Extension of validity of an approval

(1)Subject to the remaining provisions of this section, and unless another provision of this ByLaw provides otherwise, the City may approve an application for the extension of the validity period of an approval granted or deemed to be granted in terms of this By-Law.
(2)The City may not grant the extension if –(a)the application for extension is submitted after the validity period has expired;(b)the circumstances which prevailed at the time of the original approval have materially changed;(c)the legislative or policy requirements applicable to the approval which prevailed at the time of the original approval have materially changed;(d)the City believes that new or further conditions of approval are necessary; or(e)an approval for a temporary departure was granted.
(3)An extension may not exceed five years from the date that the original approval lapses.
(4)An extension takes effect and is calculated from the date that the original approval lapses regardless of the date upon which the extension is granted.
(5)A validity period may be extended only once.
(6)If the City has not decided an application contemplated in subsection (1) by the date of expiry of the original validity period, the use rights at issue may not be exercised until and unless the City extends the validity period.

Part 6 – Appeal

108. Appeal

(1)A person contemplated in subsection (2) and an applicant contemplated in section 103 may appeal to the appeal authority by giving written notice of the appeal and grounds of appeal.
(2)The following persons may appeal against a decision made in terms of this By-Law(a)the applicant;(b)the owner if the owner is not the applicant;(c)the City Manager;(d)a person contemplated in section 89 who is granted intervener status;(e)a person contemplated in section 90(1) who submits a comment on or objection to the application which complies with the requirements of section 90; and(f)the owner or other person(i)in respect of whom the City decides in terms of section 127 to withdraw an approval for a temporary departure or an approval granted for a limited period of time;(ii)who is issued with a directive in terms of section 128; or(iii)upon whom an administrative penalty contemplated in section 129 is imposed.
(3)An appeal contemplated in subsection (1) must be lodged within 21 days of the date of notification of the decision or, in the case of an appeal contemplated in section 103, within 21 days of the expiry of the period referred to in section 102.
(4)An appeal is invalid if it does not comply with this section.
(5)The appeal authority may receive relevant information and reconsider the matter afresh.
(6)The appeal authority must decide –(a)whether the appeal has been lodged timeously; and(b)the appeal according to the criteria for decision contemplated in section 99.
(7)The appeal authority may –(a)dismiss the appeal and confirm the decision appealed against;(b)uphold part or all of the appeal and –(i)vary the decision appealed against;(ii)set aside the decision and make a new decision; or(iii)set aside the decision and remit the matter to the decision-maker, with or without directions to any person or body to take appropriate steps;(c)decide on an application contemplated in section 103; or(d)refer the appeal back to the advisory panel, if one was appointed, or to the Department with directions to investigate, obtain further information from a relevant department of the City or consider specific facts or issues and to report back to the appeal authority.

109. Procedure for appeal

(1)A person authorised to appeal must lodge the appeal with the City Manager, provided that if the appeal is by the City Manager, the City Manager must lodge the appeal with the appeal authority.
(2)No later than 14 days after an appeal is lodged, the City Manager must give notice of the appeal to, and invite comment on the appeal in writing within 21 days from –(a)the applicant if the applicant is not the appellant; and(b)any person who submitted an objection to, comment on or representation about the application.
(3)After receipt of an appeal, the City(a)may request the Provincial Minister to comment in writing within 60 days on the appeal; and(b)must request such comment if the appeal concerns an application referred to in section 45(1)(a) to (f) of the Land Use Planning Act.
(4)A late opposition to or comment on the appeal will not be considered unless the appeal authority condones the late submission on good cause shown.
(5)The appeal authority may not decide on the appeal until all the parties entitled to comment have done so or the time period allowed for comment has lapsed.
(6)The Department must draft a report assessing the appeal and all comments contemplated in subsections (2) or (3) and must provide the report to the decision-maker for comment.
(7)As soon as possible and within 150 days after the lodging of the appeal the City Manager must submit the appeal to the appeal authority together with all necessary documentation including the report and comments contemplated in this section.
(8)The appeal authority must decide on the appeal within 90 days after the City Manager has submitted the appeal and documentation to the appeal authority.
(9)The appeal authority may, without the agreement of the parties to the appeal, extend the period contemplated in subsection (8) and notify the parties of the extension and the reasons for the extension –(a)in exceptional circumstances related to the nature or complexity of the application; or(b)if the City is in recess.
(10)The City must within 30 days of a decision of the appeal authority in writing give notice of the decision and the reasons for the decision to –(a)the parties to the appeal; and(b)the Provincial Minister if the appeal concerns an application referred to in section 45(1) (a) to (f) of the Land Use Planning Act.
(11)The City may determine procedures required for the determination of appeals.

Part 7 – Prescribed requirements and notification

110. Prescribed requirements for applications

(1)The City Manager may prescribe in relation to applications –(a)information specifications relating to matters such as size, scale, colour, hard copy, number of copies, electronic format and file format;(b)the manner of submission and communication with the City;(c)the method by which a person may be notified;(d)other information requirements; and(e)other procedural requirements.
(2)A prescription contemplated in subsection (1) may –(a)relate to the whole application or any part of it; and(b)differentiate between types of application, categories of application or categories of applicant.
(3)The provisions of section 138 apply to a prescription in subsection (1).

111. Method and date of notification

(1)Notification to a person contemplated in this By-Law may be given –(a)by the City by orally informing the person; or(b)in writing –(i)by hand to that person personally;(ii)left at that person's place of residence or business in the Republic with a person apparently over the age of sixteen years;(iii)by registered post to that person's last known residential or business address in the Republic as recorded in the City’s information system;(iv)if that person's address in the Republic is unknown, when it has been served on that person's agent or representative in the Republic in the manner provided by subparagraphs (i), (ii) or (iii);(v)if that person's address and agent or representative in the Republic is unknown, when it has been posted in a conspicuous place on the property or premises, if any, to which it relates;(vi)by email;(vii)by fax; or(viii)by some other form of electronic communication contemplated in the Electronic Communications and Transactions Act, 2002 (25 of 2002).
(2)If the City gives a person notification orally, it must as soon as reasonably possible thereafter record in writing the content of the notification and the date upon which it was given and give service of the record in accordance with subsection (1)(b).
(3)Unless a person has consented to being notified by fax, email or some other form of electronic communication or the City Manager has prescribed or this By-Law authorises that as the method of notification, if the City uses that method of notification then the City must also serve the notification in the relevant manner provided by subsections (1)(b)(i)-(1)(b)(v).
(4)Where an owner has authorised a person to represent them in an application, a notification provided to the representative is regarded as having been provided to the owner.
(5)When any notice must be served on the owner, occupier or holder of any property or right in any property, or their representative, it is sufficient if that person is described in the notice as the owner, occupier or holder of the property or right in question, or their representative, and it is not necessary to name that person.
(6)For the purposes of this By-Law, the date of notification, if the notification is provided –(a)orally, is the date of oral communication;(b)by hand, is the date of delivery or collection;(c)by registered post, is regarded as the fourth day after the date stamped upon the receipt for registration issued by the post office which accepted the notice; or(d)by email, fax or some other form of electronic communication, is the date that the email, fax or other form of electronic communication is sent, provided that the person concerned has consented to being so notified or the City Manager has prescribed that as the method of notification.

112. Costs of notification

The City may, as part of its tariff structure, adopt a tariff for the costs involved in issuing and serving a notification, notice and directive.

Part 8 – Integrated decisions

113. Notice in terms of integrated procedure

(1)The City may, on prior written request and written motivation by an applicant determine that –(a)a public notice procedure carried out in terms of another law in respect of the application constitutes public notice for the purpose of an application made in terms of this By-Law, provided the public notice procedure meets the requirements of this ByLaw; or(b)an application made in terms of this By-Law may be published in accordance with the requirements of notice for a related application made in terms of another law, and which is regulated by a written agreement between the City and the organ of state responsible for administering the other law.
(2)Unless the City decides that a procedure in terms of another law, as contemplated in subsection (1)(a), is considered to be notice in terms of this By-Law or that the provisions of subsection (1)(b) apply, the City must act in accordance with the requirements of section 79 within 30 days of having notified the applicant that the application is complete.
(3)The City may enter into a written agreement with other organs of state to avoid duplication in the submission of information or the execution of a process for cases where a proposed development requires an application to the City and other organs of state.

Chapter 8
Decision-makers

114. Decision-makers

(1)The Municipal Council must prescribe the categories of applications to be decided by –(a)the Municipal Planning Tribunal; and(b)an authorised official.
(2)An authorised official contemplated in subsection (1)(b) may refer an application to the Municipal Planning Tribunal.
(3)The appeal authority is the Mayor.
(4)If the Mayor is unable to act as appeal authority, the Mayor may appoint an acting appeal authority.

115. Establishment of Municipal Planning Tribunal

(1)The Municipal Council must establish a Municipal Planning Tribunal for its municipal area.
(2)When the Municipal Council establishes the Municipal Planning Tribunal contemplated in subsection (1) it must, subject to section 36 of SPLUMA(a)determine the number of members of the Municipal Planning Tribunal;(b)determine the number of authorised officials and number of other persons contemplated in section 36 of SPLUMA;(c)designate authorised officials, who are in the full-time employment of the municipality, and who have knowledge and experience in any of the disciplines of spatial planning, land use management, land development or the law related thereto to serve as members of the Municipal Planning Tribunal; and(d)appoint persons who are not officials, and who have knowledge and experience in any of the disciplines of spatial planning, land use management, land development or the law related thereto to serve as members of the Municipal Planning Tribunal.
(3)The City must invite applications or nominations for persons contemplated in subsection (2)(d) to be appointed to the Municipal Planning Tribunal in a format determined by the City and by placing a notice in the media in accordance with the requirements of section 21 of the Municipal Systems Act and SPLUMA.
(4)The notice contemplated in subsection (3) must require the applications or nominations to be submitted on a form determined by the City containing the information set out in subsection (5) within a specified date to a specified person at a specified address which may be an electronic mail address.
(5)The application or nomination must be accompanied by at least –(a)the personal details of the applicant or nominee;(b)sufficient information for the City to evaluate the applicant’s or nominee’s knowledge and experience in matters listed in section 36(1)(b) of SPLUMA, the requirements of this By-Law and any additional criteria that the City has identified;(c)in the case of a nomination, a letter of acceptance of nomination by the nominee;(d)confirmation by the applicant or nominee that he or she is not disqualified in terms of section 38 of SPLUMA;(e)a statement that the nominee will be obliged to commit to and uphold a code of conduct; and(f)the agreement of the nominee that the City may investigate and independently verify the information provided by the nominee.
(6)An evaluation panel consisting of authorised officials in the employ of the City and appointed by the City to evaluate applications and nominations must –(a)evaluate all nominations received by City by the closing date in response to the invitation and call for nominations in terms of the requirements of SPLUMA, this ByLaw and any further criteria identified by the City; and(b)make recommendations on the appointment to the Municipal Council.
(7)When evaluating applications or nominations, the Municipal Council must take into consideration –(a)the applicant’s or nominee’s knowledge and experience of the matters referred in subsection (2)(d);(b)the need for applying the principles of employment equity;(c)the appropriate experience and expertise required for the effective functioning of the Municipal Planning Tribunal;(d)any other criteria determined by the City; and(e)any other criteria prescribed by SPLUMA.
(8)If no suitable applications or nominations are received as a result of the advertising process, the City must invite and call for nominations for a second time and follow the process set out in subsections (3) to (7).
(9)If after the second invitation and calling for nominations, no suitable applications or nominations are received, the Executive Authority must designate persons to the Municipal Planning Tribunal who meet the requirements of section 36 of SPLUMA and comply with the additional criteria determined by the City.
(10)The City Manager must notify the successful applicants and nominees of their appointment as members and, within 30 days after the appointment of the members of the Municipal Planning Tribunal, publish a notice in the Provincial Gazette indicating –(a)the name of the every member appointed or designated; and(b)the term of office of the member.
(11)The City Manager must within 30 days of the first appointment of the members to a Municipal Planning Tribunal(a)obtain written confirmation from the Municipal Council that it is satisfied that the Municipal Planning Tribunal is in a position to commence operations; and(b)after receipt of the confirmation referred to in paragraph (a), publish a notice in the Provincial Gazette stating the date that the Municipal Planning Tribunal will commence operation.
(12)The Municipal Planning Tribunal may commence operation only after publication of the notice contemplated in subsection (11)(b).

116. Term of office for members of the Municipal Planning Tribunal

(1)The Municipal Council must stipulate the term of office of an authorised official when designating such authorised official as contemplated in section 37(1) of SPLUMA (2) An authorised official may only serve as a member of the Municipal Planning Tribunal whilst he or she is in the full-time employment of the City.
(3)The Municipal Council must stipulate the term of office of a member of the Municipal Planning Tribunal who is not an authorised official when appointing such member as contemplated in section 37(1) of SPLUMA.
(4)The term of office of a member of the Municipal Planning Tribunal may not exceed five years and is renewable once.

117. Conditions of service and Code of Conduct of the Municipal Planning Tribunal.

(1)The Municipal Council must determine the terms and conditions of service of and the remuneration to be paid to the members of the Municipal Planning Tribunals who are appointed as contemplated in section 115(2)(d) in accordance with the norms and standards referred to in SPLUMA and other relevant requirements.
(2)The Municipal Council must approve a code of conduct for members of the Municipal Planning Tribunal, that must have regard to minimum requirements set out in SPLUMA and require a member to at least –(a)generally act in accordance with the principles of accountability and transparency;(b)make decisions fairly, impartially and promptly;(c)treat members of the public and other members of the Tribunal with respect, courtesy, honesty and fairness;(d)make public disclosure of all his or her personal or private business interests regarding any decision to be made in the planning process in which he or she serves, or has been requested to serve;(e)abstain completely from direct or indirect participation as an advisor or decision maker in any matter in which he or she has a personal or private business interest, and leave any chamber in which such matter is under deliberation, unless the personal or private business interest has been made a matter of public record, or his or her employer, if any, has given written approval, and the public official or structure within the City with jurisdiction to rule on ethical matters has expressly authorised his or her participation;(f)not receive, seek or offer a gift or favour any under circumstances in which it might reasonably be inferred that the gift or favour is intended or expected to influence a participant's objectivity as an advisor or decision-maker in the planning process;(g)not use the power of any office to seek or obtain special advantage that is not in the public interest nor any special advantage that is not a matter of public knowledge;(h)not use confidential information acquired in the course or his or her duties to further a personal or private business interest;(i)not disclose confidential information acquired in the course or his or her duties unless required by law to do so or by circumstances to prevent substantial injury to third persons; and(j)not commit a deliberately wrongful act which reflects adversely on the Municipal Planning Tribunal, the City, government at large or the planning profession by seeking business by stating or implying that he or she is prepared, willing or able to influence decisions by improper means.
(3)A member who contravenes the code of conduct is guilty of an offence and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3).

118. Indemnity and Legal Representation

(1)Whenever a claim is made or legal proceedings are instituted against a member of the Municipal Planning Tribunal or authorised official or the appeal authority arising out of any act or any omission by a member, authorised official or appeal authority in the performance of his or her duties or the exercise of his or her powers, the City must, if it is of the opinion that the member, authorised official or appeal authority acted or omitted to act in good faith and without negligence –(a)in the case of a civil claim or civil proceedings, indemnify the member or authorised official or appeal authority in respect of such claim or proceedings; and(b)provide legal representation for such member or authorised official or appeal authority at the cost of the City or pay taxed party and party costs of legal representation.
(2)If a criminal prosecution is instituted against a member of the Municipal Planning Tribunal, an authorised official or the appeal authority, the City must, if it is of the opinion that the member, authorised official or appeal authority acted or omitted to act in good faith and without negligence or it is in the interests of the City to do so, provide for legal representation for such member at the cost of the City.
(3)The City must determine by means of a policy or by other means –(a)the terms and conditions of such indemnity and legal representation; and(b)the circumstances in which such indemnity or legal representation may be withdrawn by the City.
(4)For the purpose of this section “indemnify” means an undertaking to pay the damages, claim or taxed costs awarded by a court against a member of a Municipal Planning Tribunal, authorised official or the appeal authority or agreed to by the City in terms of a formal settlement process.

119. Vacancy or removal of a member

(1)The office of a member becomes vacant if –(a)the member is absent from two consecutive meetings of the Municipal Planning Tribunal without the leave of the chairperson of the Tribunal;(b)the member tenders his or her resignation in writing to the chairperson of the Tribunal;(c)the member is removed from the Tribunal under subsection (2);(d)the member dies.
(2)The Municipal Council may remove a member of the Municipal Planning Tribunal, after giving the member an opportunity to be heard, if –(a)sufficient reasons exist for his or her removal; or(b)the member contravenes the code of conduct.
(3)The Municipal Council must remove a member of the Municipal Planning Tribunal, after giving the member an opportunity to be heard, if the member becomes subject to a disqualification as contemplated in section 38(1) of SPLUMA.
(4)The Municipal Council must fill a vacancy on the Municipal Planning Tribunal in terms of section 116 and section 117 in the case of a member who is not an authorised official.

120. Functioning of Municipal Planning Tribunal

(1)The Municipal Council must designate a member of the Municipal Planning Tribunal as chairperson and another member as deputy chairperson to act as chairperson when the chairperson is absent or unable to perform his or her duties.
(2)If the chairperson and the deputy chairperson fail to attend a meeting of the Municipal Planning Tribunal, the members who are present must elect one of their number to preside at that meeting.
(3)The Municipal Council may determine that the Municipal Planning Tribunal must constitute itself to comprise one or more panels, with each panel designated to determine an application relating to land in a particular geographic area of the city and/or a particular type or category of application.
(4)In this section, unless the context indicates otherwise, ‘the Municipal Planning Tribunal’ includes a panel of the Municipal Planning Tribunal contemplated in subsection (3). (5) The Municipal Planning Tribunal must meet at the time and place determined by the chairperson, provided that it must meet at least once per month if there is an application to consider.
(6)The Municipal Planning Tribunal must designate at least three members of the Municipal Planning Tribunal to determine an application.
(7)A quorum for a meeting of the Municipal Planning Tribunal is the simple majority of its appointed members.
(8)A quorum for a meeting of a panel of the Municipal Planning Tribunal is the simple majority of its designated members.
(9)The person presiding at a meeting of the Municipal Planning Tribunal has a casting vote in the event of an equality of votes.
(10)No person, other than a municipal councillor, may make oral submissions at a meeting of the Municipal Planning Tribunal without the permission of the person presiding at the meeting.
(11)A person seeking permission contemplated in subsection (10) must submit the request to the Municipal Planning Tribunal in writing at least five days before the meeting in question, or closer to the meeting if good cause is shown, and must provide adequate reasons for the request.
(12)A municipal councillor who intends to make oral submissions to the Municipal Planning Tribunal must give the Municipal Planning Tribunal notice in writing of the intention at least five days before the meeting in question, or closer to the meeting if good cause is shown.
(13)The Municipal Planning Tribunal may request any person to make oral submissions on any aspect of an application.
(14)The person presiding at a meeting of the Municipal Planning Tribunal may impose reasonable conditions on oral submissions.
(15)The Municipal Planning Tribunal must provide any party to the proceedings who is adversely affected by an oral submission with an opportunity to respond to the oral submission.
(16)Meetings of the Municipal Planning Tribunal must be open to the public, except in so far as the Municipal Planning Tribunal may in special cases otherwise direct.
(17)The Municipal Council must adopt rules of procedure for the proper functioning of the Municipal Planning Tribunal.
(18)The City must –(a)ensure the continued functioning of the Municipal Planning Tribunal in accordance with section 38 of SPLUMA; and(b)provide the Municipal Planning Tribunal with an authorised official whose function is to provide administrative secretarial support to the Municipal Planning Tribunal.

121. Advisory panel

(1)The Mayor may appoint an appeal advisory panel, including a chairperson to consider and advise or make recommendations to the Appeal Authority on an appeal or on categories of applications which are appealed.
(2)Municipal Councillors may be appointed to the appeal advisory panel.
(3)A member of the appeal advisory panel must recuse themselves if they or any of their spouses, partners or family members -(a)has an interest in an appeal; or(b)was involved in any way in the decision that is being appealed.
(4)The chairperson of the appeal advisory panel must decide when and where the appeal advisory panel must meet.
(5)An appeal advisory panel(a)may determine its own procedures; and(b)must apply the criteria contemplated in section 99.
(6)The quorum for a meeting of the appeal advisory panel is a simple majority of its appointed members.
(7)The Mayor may dissolve the appeal advisory panel at any time.

122. Technical adviser

The appeal authority may appoint a technical adviser to advise or assist it with regard to a matter forming part of the appeal.

Chapter 9
Enforcement

Part 1 – Introductory provisions for this Chapter

123. Definitions in this Chapter

In this Chapter, unless the context indicates otherwise – ‘contravention’ includes a failure to comply with a duty or requirement; and ‘owner’, in addition to the definition in section 1, is deemed to also include –(a)if the registered owner is deceased and if an executor has not been appointed – an heir; and if there is no heir or if the City is unable to determine the identity of the heir – the person who is entitled to the benefit of the use of the land or building or who enjoys such benefit;(b)if the registered owner is a close corporation that is deregistered – a member of the close corporation at the time of deregistration;(c)if the registered owner is absent from the Republic or their whereabouts are unknown – a person who, as agent or otherwise, undertakes the management, maintenance or collection of rentals or other moneys in respect of the land or building or who is responsible therefor; and(d)if the City is unable to determine the identity of a person otherwise defined as owner – a person who is entitled to the benefit of the use of the land or building or who enjoys such benefit.

124. Choice of enforcement measure

The City may take any one or more of the enforcement measures contemplated in this Chapter, and may take them in any order or combination or with one as an alternative to another in the event of a failure to comply, or sequentially.

Part 2 – Complaint

125. Complaint

(1)A person, who is affected by an alleged contravention of this By-Law, may in writing and using the prescribed form or in a manner determined by a policy, request the City Manager to investigate the alleged contravention and to act in terms of this Chapter.
(2)The City must investigate the complaint within the time and in accordance with the procedure set out in guidelines adopted by the Department.
(3)The City must inform the complainant of the outcome of the investigation within 30 days of the investigation being completed and the steps to be taken in the event that the City is of the opinion that this By-Law is being contravened.

Part 3 – Civil enforcement

126. Compliance notice

(1)The City may serve a notice on an owner or other person if there are reasonable grounds for believing that the owner or other person is in contravention of this By-Law.
(2)The notice must –(a)describe the land unit;(b)describe the conduct constituting a contravention of this By-Law;(c)indicate which provision of this By-Law, condition of approval or other provision the conduct contravenes;(d)if relevant, state that the unlawful conduct constitutes an offence and indicate the penalties;(e)instruct the owner or other person to cease the unlawful conduct and to comply with this By-Law, condition of approval or other provision immediately or within a time period determined by the City, and where relevant must specify the steps to be taken to comply;(f)state that a failure to comply with the notice constitutes an offence and indicate the penalties; and(g)state that, in the event of non-compliance with the notice, the City may take one or more of the following measures –(i)if relevant, take steps contemplated in section 127 to withdraw an approval for a temporary departure or an approval granted for a limited period of time;(ii)take steps contemplated in section 128 to issue a directive in the terms specified in the notice;(iii)apply in terms of section 129 for the determination of an administrative penalty;(iv)apply to a competent court for appropriate relief including the costs of the application; and(v)institute a criminal prosecution.
(3)If relevant, the notice may advise the owner or other person of their right to apply for rectification of the contravention as contemplated in section 130, and may state that the City intends to take the measures contemplated in subsection (2)(g) in the event that the owner or other person fails to apply for rectification of the contravention within a specified time.
(4)The notice may invite the owner or other person within a specified time to inform the City what steps have been taken to comply with the notice.
(5)There is no appeal against a decision to issue or not to issue a compliance notice in terms of this section.

127. Withdrawal of approval

(1)If the City is of the opinion that an owner or other person is not complying with an approval for a temporary departure or an approval granted for a limited period of time, it may serve a notice on the owner or other person(a)setting out the information contemplated in sections 126(2)(a)-126(2)(c); and(b)inviting the owner or other person within a specified time to make written representations on the notice and to give reasons why the approval should not be withdrawn.
(2)After considering any representations and reasons submitted, and if it is satisfied that this By-Law is being contravened, the City may decide to withdraw the approval contemplated in subsection (1).
(3)If the City decides to withdraw the approval(a)the City must notify the owner or other person as contemplated in section 104(2); and(b)the approval is withdrawn from the effective date of decision contemplated in section 105(2).
(4)Once the withdrawal of an approval is effective, the City must –(a)notify the owner or other person of the withdrawal and instruct the owner or other person to cease the activity in question and to take any other which the City considers necessary to comply with this By-Law immediately or within a time determined by the City; and(b)update the zoning register.

128. Directive

(1)If the City is of the opinion that an owner or other person is in contravention of this By-Law, it may serve a notice on the owner or other person(a)setting out the information contemplated in sections 126(2)(a)-126(2)(c); and(b)inviting the owner or other person within a specified time to make written representations on the notice and give reasons why the City should not direct the owner or other person within a specified time to –(i)submit documentation including a diagram or plan to the City or appoint a professional person selected by the City to conduct an investigation and to report to the City on the nature and extent of the contravention;(ii)demolish a building or part thereof which contravenes this By-Law and restore the building or rehabilitate the land as the case may be to a form and within the time period specified in the directive; or(iii)address another impact of the contravention.
(2)After considering any representations and reasons submitted, and if it is satisfied that this By-Law is being contravened, the City may decide to issue a directive in terms which are the same as, substantially similar to or less onerous than those contemplated in subsection (1)(b).
(3)A directive must –(a)set out the directions;(b)include the information contemplated in section 104(2);(c)state that a failure to comply with a duty imposed by the directive constitutes an offence and indicate the penalties; and(d)state that instead of, or in addition to, prosecuting the owner or other person, without further notice the City may apply to a competent court for enforcement of the directive and other appropriate relief including the costs of the application.
(4)The owner or other person must comply with a directive from the effective date of decision contemplated in section 105(2).

129. Administrative penalty

(1)A person who is in contravention of this By-Law, and who wishes to rectify the contravention in terms of section 130, may apply to the City for the determination of an administrative penalty if the City has not issued a demolition directive (in terms of subsection 128) in respect of the land or building or part thereof concerned.
(1A)The Municipal Planning Tribunal may, where any person has contravened this By-law, –(a)decide to impose an administrative penalty; and(b)determine the amount of the penalty.
(2)A person making an application contemplated in subsection (1) must –(a)submit an application;(b)pay the prescribed fee;(c)provide the information contemplated in subsections (7) and (8); and(d)comply with the duties of an applicant in section 78.
(3)The City Manager may apply to the Municipal Planning Tribunal for an order that a person who has contravened this By-Law must pay an administrative penalty in an amount determined by the Municipal Planning Tribunal, and must provide the information contemplated in subsections (7) and (8) to the extent that it is known to the City Manager.
(4)If the City Manager makes an application contemplated in subsection (3), the Municipal Planning Tribunal must invite the person concerned within a specified time to make written representations on the application.
(5)The Department must provide a written report to the Municipal Planning Tribunal.
(6)The Municipal Planning Tribunal may –(a)call for additional information to decide an application in terms of this section; and(b)draw an adverse inference against a person who fails or refuses to provide, to the satisfaction of the Municipal Planning Tribunal, information contemplated in subsection (2)(c) or paragraph (a).
(7)After considering the Departmental report, the representations by the City Manager and any representations from the person concerned, if the Municipal Planning Tribunal decides to impose an administrative penalty on a person who has contravened this By-Law, it must determine an amount which –(a)for building work in contravention of this By-Law – may not be more than 100% of the value of the building, construction and engineering work unlawfully carried out, as determined by the City;(b)for land use in contravention of this By-Law – may not be more than 100% of the municipal valuation of the area that is used unlawfully, as determined by the City; and(c)for building work and land use in contravention of this By-Law – must comprise the penalties in both paragraphs (a) and (b).
(8)When determining an appropriate administrative penalty, the Municipal Planning Tribunal must consider at least the following factors –(a)the nature, duration, gravity and extent of the contravention;(b)the conduct of the person involved in the contravention;(c)whether the unlawful conduct was stopped; and(d)whether a person involved in the contravention has previously contravened this By-Law or a previous planning law.
(9)The Municipal Planning Tribunal must notify the person who has contravened this By-Law of its decision and if it decides to impose an administrative penalty, the notice must –(a)set out the administrative penalty;(b)include the information contemplated in section 104(2);(c)state that the person must pay the administrative penalty to the City within 30 days of the effective date of decision contemplated in section 105(2) or within such further period that the Municipal Planning Tribunal may decide;(d)state that the payment of an administrative penalty in terms of this section does not limit the City’s power to investigate an offence or institute a criminal prosecution; and(e)state that, without further notice, the City may apply to a competent court for an order confirming the administrative penalty and other appropriate relief including the costs of the application.
(10)The City may apply to the High Court for an order confirming the order of the Municipal Planning Tribunal to pay an administrative penalty.

130. Rectification of contravention

(1)A person who is in contravention of this By-Law may apply to the City in terms of this ByLaw for the necessary approval.
(2)Subject to subsection (3), a person contemplated in subsection (1) must submit an application for and pay an administrative penalty determined in terms of section 129 before the City may consider an application contemplated in subsection (1).
(3)If an application for an administrative penalty contemplated in section 129 has been submitted but not yet determined, or an administrative penalty determined in terms of section 129 has not yet been paid, in exceptional circumstances the City may consider an application contemplated in subsection (1) provided that the City, when granting an approval or making a determination, must impose appropriate conditions to ensure payment of any administrative penalty.
(4)The submission of an application for, determination of, or payment of an administrative penalty in terms of section 129, or the approval of an application contemplated in this section, does not limit the City’s power to investigate an offence or institute a criminal prosecution.

131. Enforcement litigation

Notwithstanding that this Chapter may give the City an alternative remedy, the City may apply to the High Court for appropriate relief, including orders compelling the owner or other person to –(a)demolish, remove or alter any building, structure or work erected in contravention of this By-Law, and rehabilitate the land concerned; and(b)cease or modify conduct in contravention of this By-Law, to comply with this By-Law, or to address another impact of the contravention.

132. Urgent matter

If the City believes that urgent action is required to cease or modify conduct in contravention of this By-Law, to comply with this By-Law, or to address an impact of the contravention, the City may –(a)serve an appropriate compliance notice on the owner or other person by telephone, by email or some other form of electronic communication contemplated in the Electronic Communications and Transactions Act, 2002 (25 of 2002) or by placing the notice on the land unit or by a combination of these methods; or(b)apply to the High Court on an urgent basis for appropriate relief, including an interdict.

Part 4 – Criminal enforcement

133. Offences and penalties

(1)A person is guilty of an offence if the person(a)contravenes a –(i)decision taken or a condition imposed or deemed to have been taken or imposed in terms of this By-Law;(ii)provision of the development management scheme;(iii)uses land in a manner other than permitted by the development management scheme;(iv)compliance notice issued in terms of section 126; or(v)directive issued in terms of section 128;(b)alters or destroys land to the extent that the property cannot be used for the purpose set out in the development management scheme;(c)threatens, obstructs, hinders or fails to permit entry when called upon to do so or uses abusive language to an authorised official or any person lawfully accompanying such authorised official in the exercise of a power conferred in terms of section 135;(d)when called upon by an authorised official to furnish information, furnishes false or misleading information; or(e)supplies particulars, information or answers in an application or in an appeal knowing it to be false, incorrect or misleading or not believing it to be correct.
(2)Upon conviction of an offence in this By-Law a person is liable to a fine or imprisonment not exceeding 20 years or to both a fine and such imprisonment.
(3)A person convicted of an offence under this By-Law who, after conviction, continues with the conduct in respect of which he or she was so convicted, is guilty of a continuing offence and upon conviction is liable to a fine or to imprisonment for a period not exceeding three months, or to both such fine and imprisonment, in respect of each day on which he or she so continues with that conduct.
(4)An owner(a)who permits their land to be used, or fails to take reasonable steps to ensure that their land is not used, in a manner which constitutes an offence under this By-Law is guilty of an offence and upon conviction is liable to the penalties contemplated in section (2);(b)convicted of an offence contemplated in paragraph (a) who, after conviction, continues with the conduct in respect of which he or she was so convicted, is guilty of a continuing offence and upon conviction is liable to the penalties contemplated in subsection (3).

134. Prosecution of corporate body and partnership

A person is personally guilty of an offence contemplated in terms of this By-Law if –(a)the offence was committed by –(i)a corporate body established in terms of any law; or(ii)a partnership;(b)at the time that the offence was committed the person was a partner in the partnership, or a member of the board, executive committee or other managing body of the corporate body; and(c)the person knew or reasonably ought to have known that an offence was being committed and failed to take reasonable steps to prevent the offence.

Part 5 – Enforcement and investigative powers of an investigator

135. Powers and functions of an investigator

(1)In this section, unless the context indicates otherwise –(a)"article" includes a structure, object, document, book, record or electronic information or extract, part or sample therefrom;(b)"investigator" means a law enforcement officer appointed by the City or an official or other person contemplated in subsection (2);(c)"place" means any land, building or premises, and includes a private dwelling.
(2)The City Manager may, in writing, authorise an official to act as an investigator in terms of this section for the purposes of enforcing compliance and investigating any matter in connection with this By-law.
(3)An investigator –(a)must produce proof that he or she is authorised as contemplated in subsection (2) or is a law enforcement officer on the request of a person being affected by the exercise of a power in terms of this section; and(b)may not investigate a matter in which he or she has a direct or indirect personal or private interest.
(3)An investigator may enter and inspect a place for the purpose of enforcing or investigating compliance with this By-law without a warrant if –(a)consent is obtained from –(i)the resident or owner of a private dwelling, or(ii)the owner or person in control of the place;(b)the investigator on reasonable grounds believes that –(i)a warrant would be issued if the investigator applied for it; and(ii)the delay in obtaining the warrant may defeat the object of the entry and inspection; or(c)so authorised by this By-law or any other law.
(5)If subsection (4) does not apply, then an investigator may enter and inspect a place for the purpose of enforcing or investigating compliance with this By-law only on the authority of a warrant.
(6)An investigator is not required to seek the consent contemplated in subsection (4)(a) before exercising a power contemplated in subsection (5).
(7)A judge in chambers may issue a warrant contemplated in subsection (5) on written application by an investigator if it appears from information under oath or affirmation that –(a)there are reasonable grounds for suspecting that a contravention of this By-law has occurred;(b)an inspection of the place is likely to yield information pertaining to the contravention; and(c)the inspection is reasonably necessary for the purposes of this by-law.
(8)In enforcing or investigating compliance with this By-law, an investigator may –(a)be accompanied by an interpreter, a police official or any other person who may be able to assist with the inspection;(b)inspect any article or any work performed at the place or any condition prevalent at the place which may be relevant to the investigation;(c)examine, analyse, measure or make a copy of an article and remove it for examination, analysis, measurement, copying or extraction;(d)require a person to produce or to deliver at such time and place as may be determined by the investigator, an article for inspection;(e)seize an article which in his or her opinion may serve as evidence of a contravention of this By-law, provided that a person who so requests may, if possible, make a copy of such article before such seizure;(f)take a photograph or make an audio-visual recording of any person or anything for the purpose of his or her investigation;(g)question a person who, in the opinion of the investigator, may be able to furnish information on a matter to which this By- law relates; and(h)direct a person to appear before him or her at such time and place as may be determined by the investigator and question such person either alone or in the presence of any other person on a matter to which this By-law relates.
(9)When an investigator removes or seizes an article, the investigator must issue a receipt to the owner or person in control thereof and return the article as soon as practicable after achieving the purpose for which the article was removed or seized.
(10)An investigator who enters and inspects any place in terms of this section must conduct such inspection –(a)between 08:00 and 18:00, unless the person contemplated in subsection (4) consents to, or the warrant contemplated in subsection (5) in writing authorises, the inspection at another time; and(b)with strict regard for each person’s right to dignity, freedom, security and privacy.
(11)When an investigator enters a place in terms of this section, a person who controls or manages the place must at all times provide such facilities as are reasonably required by the investigator and those accompanying him or her to enable them to perform their functions effectively and safely.

Chapter 10
Naming and numbering of streets

136. Naming and numbering of streets

(1)If a street is created as a result of the approval of an application, the City must approve the naming of the street and must allocate a street number for each land unit located in the street.
(2)The proposed name of the street and numbers must be submitted as part of the application for subdivision.
(3)In considering the naming of a street, the City must take into account the relevant policies relating to street naming and numbering.
(4)The applicant must erect signs displaying the street name according to the City’s standards.
(5)No person may alter or amend a street name approved as contemplated in subsection (1) without the approval of the City.
(6)No person may display a name of a street unless the name is approved by the City.
(7)The City may, on its own initiative, alter or amend a street name after complying with the provisions set out in Part 2 of Chapter 7.
(8)The City may name any unnamed street that arose from the approval of an application approved in terms of this By-Law or planning law.
(9)The procedure as set out in Chapter 7 applies.
(10)A person who alters or amends or displays a street name without the City’s approval is guilty of an offence and upon conviction is liable to the penalties contemplated in sections 133(2) and 133(3).

Chapter 11
Transfer certificate

137. Transfer certificate

(1)A transferor intending to effect the first registration of transfer of a land unit which arises out of an approved subdivision within the geographic area of the City must provide the City with proof to the satisfaction of the City that all the further requirements contemplated in section 54(1) have been met.
(2)A transferor intending to effect the registration of transfer of a land unit within the geographic area of the City that is indicated on the system as being subject to the action referred to in paragraphs (a) and (b), must provide proof to the satisfaction of the City, that –(a)in cases where a contravention levy was imposed in terms of the Ordinance and or an administrative penalty contemplated in section 129 was imposed – that the levy or penalty has been paid;(b)in cases where a directive has been issued in terms of section 128 – that the directive has been complied with.
(3)If the City Manager is satisfied that the requirements of subsection (1) and (2) have been met, the City Manager must issue a certificate authorising the transfer and, if the land unit arises out of an approved subdivision, the City Manager must issue a certificate for each land unit and may only issue a certificate for a land unit within a phase approved by the City.
(4)No person may apply to the Registrar of Deeds for, and the Registrar of Deeds may not register, the transfer of a land unit without the certificate contemplated in subsection (3).
(5)If a certificate contemplated in subsection (3) is issued in error –(a)the new owner must still comply with all outstanding requirements contemplated in subsection (1), regardless of whether another person also has the duty to do so; and(b)the City is exempt from liability for any damage which may be caused as a result.

Chapter 12
General administrative provisions

138. Policies, procedures, prescriptions, standards, requirements and guidelines

(1)The City may adopt a policy, procedure, standard, requirement or guideline for the effective administration of this By-Law.
(2)Unless the power to prescribe is entrusted to another person or body, the City Manager may prescribe anything which may be prescribed in terms of this By-Law.
(3)The City must make available on the City’s website any prescription contemplated in subsection (2) and may make available on the City’s website any policy, procedure, standard, requirement or guideline contemplated in subsection (1).
(4)An applicable policy, procedure, standard, requirement or guideline applies to an application in terms of this By-Law.

139. Delegations

(1)The City Manager may –(a)delegate any function, power or duty conferred on the City Manager in this By-Law to an official; or(b)instruct an official to perform any of the City Manager’s duties in terms of this ByLaw.
(2)The Mayor may delegate the power to decide an appeal arising from a decision of an authorised official or a failure to take a decision (section 103) to a political office holder or an authorised official.

140. Exemption

The City may in writing and subject to section 60 of the Land Use Planning Act exempt an application from compliance with the provisions of this By-Law to reduce the financial or administrative burden of –(a)the provision of housing with the assistance of a state subsidy; or(b)the incremental upgrading of an existing settlement.

141. Liability of the City

The City is not liable for any loss sustained by or damage caused to any person as a result of any act or omission in good faith relating to the performance of any duty under this By-Law, unless gross negligence is proved.

142. Savings and transitional provisions

(1)Any approval, designation, determination, consent, right, authorisation, confirmation or instruction issued, granted or in force in terms of a law repealed by the Land Use Planning Act, and in existence immediately before the commencement of the Land Use Planning Act, remains in force and where applicable is regarded to have been issued, granted or occurred in accordance with this By-Law subject to the conditions under which it was issued and is valid for the period for which it was granted under the repealed law.
(2)Despite the repeal of the Ordinance, any action taken or application made before the commencement of this By-Law in terms of a law repealed by the Land Use Planning Act, including a previous zoning scheme, which has not been finalised immediately before the commencement of this By-Law, must be finalised as if the Land Use Planning Act and this By-Law are not in force and as if the previous zoning scheme was not repealed.
(3)Conduct in contravention of a law repealed by the Land Use Planning Act is regarded as a contravention of this By-Law and the penalties in this By-Law apply where the conduct would constitute an offence under this By-Law.
(4)When an approval is acted on, a land unit is regarded as having been allocated a corresponding zoning in the development management scheme as determined by the City if –(a)a rezoning application or substitution scheme was approved, but not yet acted on, before the commencement of this By-Law; or(b)a rezoning application or substitution scheme is approved after the commencement of this By-Law in accordance with the provisions of a previous zoning scheme (as contemplated in subsection (2)).
(5)A building plan application that was formally submitted and accepted –(a)before 1 March 2013 and which is still being processed; or(b)on or after 1 March 2013 with the purpose to act on an approval in terms of a previous planning law, must be assessed in accordance with that approval, provided that the building plan application is approved by 31 August 2017.
(6)(a)An owner whose land on 1 March 2013 was zoned as General Business: Subzone GB3 to GB7 or Mixed Use Subzone MU2 and MU3 may, until 28 February 2023, elect to be regulated by the zoning provisions of either the development management scheme or the zoning scheme in operation on 28 February 2013.(b)An application for a permanent departure from the provisions of the zoning scheme in operation on 28 February 2013 is not permitted.
(7)Where an owner contemplated in subsection (6) elects to be regulated by the zoning provisions of a zoning scheme in operation on 28 February 2013, all the provisions applicable to that zoning apply and no departure from that zoning may be granted.
(8)Any reference to the approval in the area of the jurisdiction of the City by the Administrator or Townships Board in a restrictive condition, excluding a condition in terms of which the Provincial Government acquires private law rights, is regarded as a reference to the approval by the City.

143. Short title and commencement

(1)This By-Law is called the City of Cape Town Municipal Planning By-Law, 2015 and comes into operation on a date fixed by the Mayor by proclamation in the Provincial Gazette.
(2)The Mayor may set different dates for different provisions of this By-Law to come into operation.

Schedule 1

Structure plans deemed to be a district spatial development framework

Name of structure plan
1. Blaauwberg District Plan: Technical Report
2. Cape Flats District Plan: Technical Report
3. Helderberg District Plan: Technical Report
4. Khayelitsha Mitchells Plain Greater Blue Downs District Plan: Technical Report
5. Northern District Plan: Technical Report
6. Southern District Plan: Technical Report
7. Table Bay District Plan: Technical Report
8. Tygerberg District Plan: Technical Report

Schedule 2

Structure plans deemed to be a local spatial development framework

Name of structure plan
1. Constantia Triangle Local Structure Plan
2. Development Framework for Elsieskraal River Valley
3. Management Plan for Victoria Avenue, Hout Bay: Oxford Street to Princess Street
4. Scarborough and Misty Cliffs Structure Plan
5. Simon’s Town Structure Plan
6. Sunnydale Local Area Structure Plan
7. Urban Design Framework for Durbanville CBD

Schedule 3

City of Cape Town development management scheme

Chapter 1
Definitions and interpretation

1. Definitions in this development management scheme

In this development management scheme unless the context indicates otherwise –"abattoir" means a place where animals are slaughtered and prepared for distribution to butchery shops, supermarkets and food markets;"additional dwelling unit" means a dwelling unit that may be erected with the approval of the City in an Agricultural zoning, in addition to a second dwelling, dwelling or residential accommodation for bona fide agricultural workers;"additional use right" means a land use specified in this development management scheme as an activity or use that is permitted in a zoning, provided that any conditions or further provisions specified for such activity or use are complied with;"adult entertainment" means property used for adult film theatres or strip clubs where sexually explicit, live or recorded shows are displayed, but does not include adult services or an adult shop;"adult services" means property used for massage parlours or escort agencies where sexually orientated personal services are provided, unless such services form part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; but does not include adult entertainment or an adult shop;"adult shop" means property used for the retail sale of pornographic, sexually explicit or erotic material, whether or not such material is displayed for sale, unless such material forms part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; but does not include adult entertainment or adult services;"advertisement’, when used in the context of outdoor advertising, has the same meaning as assigned to it in terms of the City’s Outdoor Advertising & Signage By-Law;"agricultural industry" means an enterprise for the processing of agricultural products on or close to the land unit where these agricultural products are grown, and where processing in such proximity is necessary due to the nature, perishability and fragility of such agricultural products; and includes a winery and distillery, but does not include a service trade or abattoir;"agriculture" means the cultivation of land for crops and plants, the keeping and breeding of animals, beekeeping, or the operation of a game farm, and includes such activities and buildings as are reasonably connected with the main farming activities, such as dwelling units for the farmer, farm manager and farm labourers, the packing of agricultural produce grown on the property for delivery to the market, and a plant nursery; but excludes intensive horticulture, intensive animal farming, a farm shop, harvesting of natural resources, and agricultural industry;"air and underground rights" means the development of a defined space above or below a public street, open space, railway line or another transport usage, and the allocation of use rights for such purpose which may include any use with the approval of the City;"airport" means a complex comprising aircraft runways and associated buildings for the take-off and landing of civilian aircraft, as well as facilities for the handling and storage of air freight;"ancillary" means a land use, purpose, building, structure or activity which is directly related to, and subservient to, the lawful, dominant use of the property;"animal care centre" means a place for the care of pets and animals, operated on either a commercial or a welfare basis, and includes boarding kennels and pet training centres;"antenna" means any system of wires, poles, rods, reflective surfaces or similar devices, used to transmit or receive electronic communication signals or electro-magnetic waves;"aqua-culture" means the breeding, for commercial purposes, of water flora or fauna in artificially constructed dams or holding tanks, or suspended from floating supports in natural water bodies;"atrium" means a covered courtyard comprising a void within a building that extends for one or more floors in height, but does not contain floors that penetrate into the void. An atrium contains a floor and a roof or ceiling;"authority use" means a use which is practised by or on behalf of an organ of state, the characteristics of which are such that it cannot be classified or defined under other uses in this development management scheme, and includes a use practised by:(a)the national government, such as a military base and installation, police station or prison;(b)the provincial government, such as a road station or road camp;(c)the City, such as fire services or a municipal depot with related uses, including limited accommodation for staff who are required to be on standby for emergencies;(d)a foreign government, such as an embassy or consulate, but does not include a dwelling house where the dominant use is for living accommodation of foreign diplomatic personnel. "average ground level" means the average of the highest and lowest existing ground levels immediately abutting the external elevational plane or wall cutting into the ground of a building or vertical division of a building, and the City may:(a)determine the average ground level from measurements supplied on a building plan; or(b)deem a level to be the average ground level based on measurements interpolated from a contour plan, local height benchmark or other information held by the City; or(c)require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, in order to provide the City with sufficient information so that it can determine the average ground level for the purpose of administering this development management scheme;"backpackers lodge" has the same meaning as ‘boarding house’ except that lodging is provided per bed and not per bedroom;"balcony" means a floor projecting outside a building at a level higher than that of the ground floor, enclosed only by low walls or railings or by main containing walls of rooms abutting such projecting floor, and may include a roof over such floor and pillars supporting such roof;"base level" of a building means an imaginary plane drawn horizontally at the average ground level of the building, or vertical division of the building;"basement" means that space in a building between a floor and ceiling, including such floor or ceiling, which protrudes not more than 1,5m above any point on the existing ground level;"bed and breakfast establishment" means a dwelling house or second dwelling in which the owner of the dwelling supplies lodging and meals for compensation to transient guests who have permanent residence elsewhere; provided that:(a)the dominant use of the dwelling house concerned remain for the living accommodation of a single family; and(b)the property complies with the requirements contained in this development management scheme for a bed and breakfast establishment;"boarding house" means a building where lodging is provided, and may incorporate cooking, dining and communal facilities for the use of lodgers, together with such outbuildings as are normally used therewith; and includes a building in which rooms are rented for residential purposes, youth hostel, backpackers’ lodge, guest house, home for the aged, handicapped or orphaned and residential club; but does not include a hotel, dwelling house, second dwelling or group house;"boundary" in relation to a land unit means one or more of the cadastral lines separating such land unit from another land unit or from a road reserve;"boundary wall" means any wall, fence or enclosing structure erected on or next to a cadastral property boundary, and any other structure, including security devices, such as spikes, barbed wire, razor wire or electric fences, affixed to or on top of a boundary wall;"braai room" means a room which is part of the main dwelling or outbuildings and is used primarily for entertainment purposes and where food and drinks may be prepared, but excludes a kitchen;"building", without in any way limiting its ordinary meaning, includes:(a)any roofed structure;(b)any external stairs, steps or landings of a building and any gallery, canopy, balcony, stoep, verandah, porch or similar feature of a building;(c)any walls or railings enclosing any feature referred to in paragraph (b) above; and(d)any other portion of a building;"building line" means an imaginary line on a land unit, which defines a distance from a specified cadastral boundary, within which the erection of buildings or structures are completely or partially prohibited;"builder’s yard" means a property used for the storage of material and equipment which:(a)is required for or is normally used for construction work;(b)was obtained from demolitions of structures or excavations of ground; or(c)is necessary for or is normally used for land development, such as storage of material used for building roads, installing essential services, or for any other construction work, whether for public or private purposes;"business premises" means a property from which business is conducted and includes a shop, supermarket, restaurant, sale of alcoholic beverages, plant nursery, office, service trade, funeral parlour, financial institution and building for similar uses, but does not include a place of assembly, place of entertainment, institution, motor repair garage, industry, noxious trade, risk activity, adult entertainment business, adult services or adult shop;"cadastral line" means a line representing the official boundary of a land unit as recorded on a diagram or general plan approved by the Surveyor General and registered in the Deeds Office;"camping site" means a property in which tents or caravans are used for accommodation for visitors, and includes ablution, cooking and other facilities for the use of such visitors;"canopy" means a cantilevered or suspended roof, slab or covering (not being the floor of a balcony) projecting from the wall of a building;"caravan" means a vehicle which has been equipped or converted for living and sleeping purposes and which can be readily moved;"carport" means a structure for the storage of one or more vehicles that is covered by a roof, provided that not more than two sides may be permanently enclosed;"carriageway crossing", in relation to a motor vehicle carriageway crossing, means an entrance or exit way, or a combined entrance and exit way, from a land unit to an abutting road;"cemetery" means a place for the burial of human or domestic animal remains, and may include ancillary buildings such as an office and chapel, but does not include a crematorium;"clinic" means a place for the diagnosis and treatment of human illness or the improvement of human health, which has limited facilities and an emphasis on outpatients, provided that a clinic may contain live-in facilities for no more than twenty persons, including patients and staff; and a clinic may include medical consulting rooms, operating theatre, an outpatients centre and a wellness centre with ancillary uses;"commercial" combined with a use, such as ‘commercial entertainment’, ‘commercial conference facility’ etc., means an enterprise that is run with the express purpose of making a profit and where there are no or limited social or charitable objectives;"common boundary" in relation to a land unit means a boundary that is common with an adjoining land unit other than a street boundary;"conference facility" means a place of commercial nature where information is presented and ideas or information exchanged among groups of people or delegates whose normal place of work is elsewhere, and may include overnight accommodation and the supply of meals to delegates;"container site" means property used for the storage of shipping or transport containers;"contextual framework" means a plan or written strategy approved by the City as envisaged in item 136(4)(a);"coverage" means the total area of a land unit that may be covered by buildings, expressed as a percentage of the area of such land unit, and shall include all roofed areas; provided that the following portions of buildings shall be disregarded in the calculation of coverage: (a) stoeps, entrance steps and landings;(b)open balconies and retractable awnings;(c)cornices, chimney breasts, pergolas, flower boxes, water pipes, drain pipes and minor decorative features not projecting more than 500 mm from the wall of the building;(d)eaves not projecting more than 1 m from the wall of the building;(e)a basement, provided that the finished level of the top of the basement roof slab does not project above the existing ground level;"crematorium" means a place for incinerating corpses in a furnace, and includes ancillary facilities such as a chapel and offices;"cultural and social ceremonies" means the practice of cultural and social ceremonies by any person belonging to a cultural, religious or linguistic community, provided that such ceremonies are lawful;"development framework" means a development framework as contemplated in item 136(4)(b);"display" in relation to a sign, without in any way limiting its ordinary meaning, includes the erection of any structure for the support of such sign;"domestic staff quarters" means an outbuilding which has a floor space of not more than 50 m², including sanitary and cooking facilities, and used for the accommodation of domestic staff employed at the dwelling house concerned;"dominant use" means the predominant or major use of a property, and may consist of primary uses, consent uses or other lawful uses permitted on the property;"dwelling house" means a building containing only one dwelling unit, together with such outbuildings as are ordinarily used with a dwelling house, including domestic staff quarters;"dwelling unit" means a self-contained, interleading group of rooms, with not more than one kitchen, used for the living accommodation and housing of one family, together with such outbuildings as are ordinarily used therewith, but does not include domestic staff quarters, or tourist accommodation or accommodation used as part of a hotel;"earth bank" means land that is shaped to hold back earth or loose rock;"eaves" means a portion of a roof projecting beyond the face of a building, including any gutters;"ecosystem" means a self-sustaining and self-regulating community of organisms and the interaction between such organisms with one another and with their environment;"electronic or mechanical playing devices" means any electronic or mechanical or similar devices which are designed or used for the purpose of playing of any game or for recreational or amusement purposes or where the operator or player is entitled to a limited payout as determined by law and the operation involves the payment of any valuable consideration either by insertion of a coin, token coin, disc or another manner;"encroachment agreement" means an agreement between an owner and the City relating to the projection or overhang of portions of a building or structure from the owner’s property onto or over the City’s property;"entrance steps and landings" means steps and landings to a building, including any low walls and railings, if such steps and landings are not within the main containing walls of the building;"environmental conservation use" means the use or maintenance of land in a substantially natural state with the object of preserving the biophysical and heritage characteristics of that land, as well as flora and fauna living on the land, and includes associated infrastructure required for such use;"environmental facilities" means facilities for the management, study, interpretation, education, and public appreciation of a predominantly natural area or heritage site; and includes accommodation for staff, support services and associated infrastructure, but does not include tourist facilities or tourist accommodation;"environmental site- or activity management plan" means a plan that documents the management of site preparation, construction and/or operations affecting an environmental resource or an environmentally significant place, its environmental values and management requirements, or both;"equipment room" means a building or a part thereof to accommodate communication equipment associated with telecommunication infrastructure. This can be a separate building used exclusively for the equipment, or it can be a container or a room within a building;"erection" in relation to a building or structure includes:(a)the construction of a new building or structure;(b)the alteration or conversion of, or addition to, a building or structure; and(c)the re-construction of a building or structure which has completely or partially been demolished; and "erect" has a corresponding meaning;"erf" has the same meaning as "land unit";"existing ground level" means the level of the land surface on a land unit:(a)in its unmodified state, before any building had been erected or alterations in levels had been made thereon; or(b)as established from a plan indicating the contours of the land lodged with and accepted by an official agency such as the municipality or a government department, which depicts the existing level of the ground at or before the commencement date; or(c)in a state which has been graded, with the City’s approval, for the purpose of development; or(d)as determined by the City, if in its opinion it is not possible to ascertain the existing level of the ground due to irregularities or disturbances of the land; and the City may require the owner or applicant to commission a registered surveyor to measure levels of the ground or interpolate levels, which shall be tied to the National Control Network, or where this is not possible, to provide at least two durable reference marks suitably located, in order to provide the City with sufficient information so that it can determine the most appropriate existing ground level for the purpose of administrating this development management scheme;"expo centre" means a place for large exhibitions, particularly of a commercial nature where products are displayed to promote trade, or a place for large conventions; and includes a conference facility;"factory" means property containing an industrial manufacturing plant used for the manufacture of goods;"factory shop" means property used for the retail sale of goods to the public, in which the goods concerned have been completely or predominantly manufactured in a factory on the property concerned;"family" means:(a)one person maintaining an independent household; or(b)two or more persons related by blood, marriage or civil union maintaining a common household; or(c)not more than five unrelated persons without dependants maintaining a common household; but does not exclude up to six foster children, or dependants under legal guardianship as part of a household;"farm shop" means a building, located on a farm, where the farmer sells produce grown on the farm and other goods to the general public;"filming" means the preparation of a property for the recording of sound and images as well as the recording of sound and images, moving or still, whether on film or by video tape, electronically or by any other means, but excludes the recording of a private wedding ceremony or other private celebration or event for the purpose of making a recording thereof for its participants for private purposes, or the recording of current affairs or news for immediate release;"flats" means a building containing three or more dwelling units, together with such outbuildings as are ordinarily associated therewith; provided further that in those zonings where flats are permissible, a building with less than three dwelling units shall also be permissible in a building approved for flats or purposes other than for flats;"flood" means a general and temporary condition of partial or complete inundation of land from the overflow of a body of water;"flood-prone area" means any land area susceptible to being inundated by water from any source;"floor" means the inner, lower surface of a room, garage or basement, and includes a terrace or atrium to which the occupants of a building have access;"floor factor" means the factor (expressed as a proportion of 1) which is prescribed for the calculation of maximum floor space of a building or buildings permissible on a land unit. If the floor factor is known, the maximum permissible floor space can be calculated by multiplying the floor factor by the area of the land unit;"floor space" in relation to any building means the area of a floor which is covered by a slab, roof or projection; provided that:(a)any basement or part of a basement not intended as habitable space shall be excluded;(aA)any area which is reserved solely for parking or loading of vehicles shall be excluded;(b)external entrance steps and landings, any canopy, any stoep and any area required for external fire escapes shall be excluded;(bA)passages, access ways and fire escapes not wider than 1,5m, provided that they connect directly from the fire escape, vertical circulation to the entrance doors or both, shall be excluded;(c)a projection including a projection of eaves, and a projection which acts as a sunscreen or an architectural feature, which projection does not exceed 1 m beyond the exterior wall or similar support, shall be excluded;(d)any uncovered internal courtyard, lightwell or other uncovered shaft which has an area in excess of 10 m² shall be excluded;(e)any covered paved area outside and immediately adjoining a building at or below the ground floor level, where such paved area is part of a forecourt, yard, external courtyard, pedestrian walkway, parking area or vehicular access, and which is permanently open to the elements on at least the front or long side, shall be excluded;(f)any covered balcony, verandah or terrace which, apart from protective railings, is permanently open to the elements on at least the front or long side, and which does not exceed 2,5 m in width, shall be excluded;(g)subject to paragraph (h) below, any stairs, stairwells and atriums that are covered by a roof shall be included;(h)in the case of multi-level buildings, any stairwells, liftwells, lightwells or other wells, and any atrium, shall only be counted once;and provided further that floor space shall be measured from the outer face of the exterior walls or similar supports of such building, and where the building consists of more than one level, the total floor space shall be the sum of the floor space of all the levels, including that of basements;"freestanding base telecommunication station" means a freestanding support structure on land or anchored to land and used to accommodate telecommunication infrastructure for the transmitting or receiving of electronic communication signals, and may include an access road to such facility;"funeral parlour" means property where the dead are prepared for burial or cremation and includes facilities for ancillary administrative and religious functions but does not include a crematorium;"garage" means a building for the storage of one or more motor vehicles, and includes a carport but does not include a motor repair garage or service station;"greenhouse" means a structure with the sides primarily made of a transparent material such as glass, perspex or plastic for the purpose of growing of plants or hastening growth of plants under controlled environmental conditions;"gross density" means a measure of the number of dwelling units in a specified area, and is calculated as follows: Gross dwelling density (units per hectare) = Total number of dwelling units in a specified areaExtent of specified area in hectares "gross leasable area or GLA" means the area of a building designed for, or capable of, occupancy and/or control by tenants, measured from the centre line of joint partitions to the inside finished surface of the outside walls, and shall exclude the following:(a)all exclusions from the definition of floor space;(b)toilets;(c)lift shafts, service ducts, vertical penetrations of floors;(d)lift motor rooms and rooms for other mechanical equipment required for the proper functioning of the building;(e)areas reasonably used in connection with the cleaning, maintenance and care of the building, excluding dwelling units for caretakers, supervisors, cleaners or maintenance staff; and(f)interior parking and loading bays;"ground floor" means the lowest floor of a building that is not a basement;"ground level": see "average ground level" and "existing ground level";"group house" means a dwelling unit which forms part of a group housing scheme;"group housing" and "group housing scheme" means a group of separate and/or linked dwelling units which may be subdivided but are planned, designed and built as a harmonious architectural entity and integrated with open space in an ordered way;"group housing site" means one or more land units on which a group housing scheme may be erected;"guest house" means a dwelling house or second dwelling which is used for the purpose of supplying lodging and meals to transient guests for compensation, in an establishment which exceeds the restrictions of a bed and breakfast establishment, and may include business meetings or training sessions by and for guests on the property;"habitable space" means space used, designed, adapted or intended to be used by persons for sleeping in, living in, preparation or consumption of food or drink, transaction of business, rendering of any services, manufacturing, processing or sale of goods, performance of work, gathering together of persons or for recreational purposes;"halfway house" means a facility that provides temporary accommodation for residents who have completed a formal treatment programme for substance abuse, but excludes inpatient treatment or similar facilities;"harvesting of natural resources" means the gathering of flora and/or fauna within a conservation-worthy area for sale or use by a person or agency other than a recognised environmental agency; provided that such harvesting:(a)is sustainable;(b)does not deplete the resources below acceptable levels; and(c)is not detrimental to the ecosystem;"hazardous substance" or "hazardous substances" has the same meaning as the definition of "grouped hazardous substance" in the Hazardous Substances Act, 1973 (Act 15 of 1973);"height" of a building means a vertical dimension from a specified level to another specified level, as set out in the development rules of a zoning, measured in metres; provided that -(a)chimneys (maximum horizontal dimension of 1,5m),(b)flues (maximum horizontal dimension of 1m),(c)lift shafts (maximum horizontal dimension of 2,5m and maximum vertical dimension of 2m per lift shaft),(d)masts, and(e)antennas shall not be counted for the purpose of height control;"helicopter landing pad" means any portion of land, building, structure or part thereof which has been demarcated for the purposes of landing or take-off of helicopters or vertical lift-off aircraft;"heritage area" has the same meaning as described in section 31 of the National Heritage Resources Act;"heritage management plan" means a plan that documents a heritage resource, its heritage values and management requirements. Such a heritage management plan must be subject to public consultation and approved by the City before it may be implemented;"heritage place" means a property, site, area, region, structure, group of structures, open space, public square, street, park, field or natural feature that is worthy of conservation due to its heritage value;"heritage register" has the same meaning as defined in the National Heritage Resources Act;"heritage resource" has the same meaning as defined in the National Heritage Resources Act;"home child care" means the use of portion of a dwelling house or outbuildings by the occupant to provide day care, after school care or instruction for a limited number of infants or children;"home occupation" means the practising of an occupation or the conducting of an enterprise from a land unit, dwelling house, second dwelling, dwelling unit or outbuilding by one or more occupants who reside on the property and includes the sale of alcoholic beverages via internet or any other electronic means provided no alcoholic beverage is stored, received or despatched from the property;"horticulture": see ‘intensive horticulture’;"hospital" means a place for the diagnosis and treatment of human illness, with integrated facilities such as operating theatres and live-in accommodation for patients; and includes a clinic and medical consulting rooms;"hotel" means a property used as a temporary residence for transient guests, where lodging and meals are provided, and may include:(a)a restaurant or restaurants;(b)conference and entertainment facilities that are subservient and ancillary to the dominant use of the property as a hotel; and(c)premises which are licensed to sell alcoholic beverages for consumption on the property;but does not include an off-sales facility, dwelling house or dwelling unit;"house shop" means the conducting of a retail trade from a dwelling house, second dwelling or outbuilding by one or more occupants who shall reside on the property;"industry" means a property used as a factory or for such purposes and in or on which an article or part of such article is made, manufactured, produced, built, assembled, compiled, printed, ornamented, processed, treated, adapted, repaired, renovated, rebuilt, altered, painted (including spray painting), polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed, chilled, frozen or stored in cold storage; including offices, caretaker’s quarters or other uses which are subservient and ancillary to the use of the property as a factory; and includes a warehouse, but does not include a noxious trade or risk activity;"informal trading" means the legal selling of products in areas demarcated by the City specifically for these purposes, such as markets and other demarcated areas;"institution" means a property used as a welfare facility such as a home for the aged, retired, indigent or handicapped; or a social facility such as a counselling centre, orphanages or reformatory; and includes ancillary administrative, health care and support services for these facilities; but does not include a hospital, clinic or prison;"intensive animal farming" means the breeding, feeding and keeping of animals or poultry on an intensive basis, but excludes the breeding, feeding and keeping of wildlife;"intensive horticulture" means the culture of plants on an intensive scale, including the culture of plants under a roof or in greenhouses, as well as the sale of self-produced plants on a property;"kitchen" means a room or part of a room equipped for preparing and cooking meals and excludes a braai room, food and drink preparation area or bar facilities in an entertainment area;"landscaping" means the placement of plants, contoured features, water features, paving, street furniture and other soft and hard elements, for the purposes of enhancing the aesthetic appeal, environmental management, amenity and value of a property or area;"loading bay" means an area which is clearly demarcated for the loading and off-loading of goods from commercial vehicles, and which has vehicular access to a public street to the satisfaction of the City;"lodging" means bedroom (or bed, in the case of a backpackers lodge) accommodation which is made available for payment, and the services ordinarily related to such accommodation, and ‘lodger’ has a corresponding meaning;"maximum floor space" means the greatest total floor space that is allowed for a building or buildings on a land unit, and is calculated by multiplying the floor factor by the area of the land unit or that portion of the land unit which is situated within a particular zoning; provided that where the land unit is situated within two or more zonings to which different floor factors apply, the maximum floor space for the whole land unit shall be the total of the maximum floor space for each zoned portion of the land unit;"medical consulting rooms" means an office or offices and ancillary rooms used by a registered medical professional for human medical or medical-related consultation, where such office is not attached to a hospital or clinic;"metropolitan road" means any public street or road declared by the City as a road of metropolitan significance in terms of a schedule of such roads published and shown on a plan, as may be amended by the City from time to time;"mine" has the same meaning as stipulated in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) and include prospecting or prospecting related activities;"mobile home" means a transportable structure with the necessary service connections, which is designed so that it can be used as a permanent dwelling;"motor repair garage" means a commercial enterprise where motor vehicles are provided with fuel and/or major services such as engine overhauling, spray-painting, panel beating, black-smithery, exhaust fitment, shock absorber fitment or body work, and includes a service station;"motor vehicle" means a wheeled vehicle designed or used for propulsion by means of an internal combustion or electrical engine, and includes a motor cycle, trailer or caravan, but does not include a vehicle moving exclusively on rails;"place of entertainment" means a place used predominantly for commercial entertainment which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis; including a cinema, theatre, amusement park, dance hall, ball room, gymnasium, facility for betting, electronic or mechanical playing devices, gambling hall and nightclub;"place of instruction" means a place for education or training at pre-school, school or post-school levels, including a crèche, nursery school, primary school, secondary school, college, university or research institute, and ancillary uses such as boarding hostels; or a civic facility for the promotion of knowledge to the community such as a public library, public art gallery or museum; or a place of instruction in sport where the main objective is instruction as opposed to participation by the public as either competitors or spectators; but excludes a reformatory, commercial conference facility, gymnasium and in-house business training centre;"place of worship" means a church, synagogue, mosque, temple, chapel or other place for practising a faith or religion, and includes ancillary uses such as a religious leader’s dwelling, office or place for religious instruction; but does not include a funeral parlour, cemetery or crematorium, provided that a dwelling where the occupants engage in worship does not constitute a place of worship;"plant nursery" means a property which is used for the cultivation and sale of plants, gardening products and gardening equipment as a commercial enterprise;"plaza" means an urban open space or square, primarily designed for outdoor use by pedestrians;"policy plan" means a policy adopted by the City, or structure plan, spatial development framework or other plan as approved in terms of this By-Law;"porch" means a roof (not being the floor of a balcony) projecting from the outside of a building above a doorway, and forming a covered entrance to such building, and includes any paved area thereunder and any low walls or railings enclosing such paved area, and any pillars supporting such roof;"port" has the same meaning as in the National Ports Act, 2005 (Act 12 of 2005);"Port development framework plan" means a plan prepared and approved by the National Ports Authority, in consultation with the affected municipality, that reflects the policy for the port development and the land use and development rules within such port;"precinct plan" means a plan, approved by the City, as envisaged in item 136(4)(c) of this development management scheme;"premises" means any shop or restaurant within a building that is not linked in any manner or way with another shop or restaurant in the same building;"primary use" in relation to property means any land use specified in this development management scheme as a primary use, being a use that is permitted without the need to obtain the City’s approval first;"private road" means privately owned land which provides vehicle access to a separate cadastral property or properties and which is designated as private road; it may include ancillary access control infrastructure such as a gatehouse, guardhouse, refuse room and utility room, but a driveway on a property and a servitude right of way over a property do not constitute private roads for the purpose of this development management scheme;"private open space": see "open space";"property" has the same meaning as "land";"protected area" has the same meaning as assigned to it in terms of the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003);"public nuisance" means any act, omission or condition which in the City’s opinion is offensive, injurious or dangerous to health, materially interferes with the ordinary comfort, convenience, peace or quiet of the public, or which adversely affects the safety of the public, having regard to:(a)the reasonableness of the activities in question in the area concerned, and the impacts which result from these activities; and(b)the ambient noise level of the area concerned;"public open space" means land which is designated as public open space, under the ownership of the City or other organ of state, with or without access control, and which is set aside for the public as an open space for recreation or outdoor sport, including a park, playground, public orurban square, picnic area, public garden, nature area; and includes ancillary buildings, infrastructure and uses;"public road" means any highway, thoroughfare, lane, footpath, sidewalk, alley, passage, bridge or any other place of a similar nature or any portion thereof serving as a public right of way, whether for vehicles or pedestrians, established or proclaimed in terms of the former Municipal Ordinance, 1974 (Ordinance 20 of 1974) or any equivalent current municipal by-law and/or national legislation and includes a public street;"public street" means any land indicated on an approved general plan, diagram or map as having been set aside as a public right of way, whether for vehicles or pedestrians or public or urban squares, of which the ownership is registered in favour of or vests in the municipality in terms of this By-Law or any other law;"recycling centre" means a property which is used for the temporary storing, sorting, depositing or collection of paper, plastics, glass, cans, textiles or similar solid waste materials for recycling purposes, but does not include a scrapyard;"registered surveyor" means someone who is registered in terms of the Professional and Technical Surveyors’ Act, 1984 (Act 40 of 1984) as either a professional land surveyor, a professional surveyor or a surveyor;"renewable energy structure" means any apparatus or similar device, or grouping thereof, designed to capture and convert solar radiation into energy for commercial gain, irrespective of whether it feeds into an electricity grid or not, and includes any test facility or structure which may lead to the generation of energy on a commercial basis, but does not include wind turbine infrastructure;"restaurant" means a commercial establishment where meals and liquid refreshments are prepared and/or served to paying customers primarily for consumption on the property, and may include licensed provision of alcoholic beverages for consumption on the property; but does not exclude the option for some customers to purchase food for consumption off the property;"retaining structure" means a wall or structure constructed so as to hold back earth or loose rock;"riding stables" means a commercial enterprise for the stabling of horses and includes riding instruction and the care and hiring of such horses;"risk activity" means an undertaking where the material handled or the process carried out is liable to cause combustion with extreme rapidity, give rise to poisonous fumes, or cause explosion, and includes major hazardous installations and activities involving dangerous and hazardous substances that are controlled in terms of national legislation;"risk management and prevention plan" means a plan, programme or strategy, developed in accordance with guidelines approved by the City, to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences should any dangerous event occur;"rooftop base telecommunication station" means a support structure attached to the roof, side or any other part of a building and used to accommodate telecommunication infrastructure for the transmitting or receiving of electronic communication signals;"sale of alcoholic beverages" means the sale or offering for sale to the public of drinks capable of producing intoxication in a consumer, which may be kept, displayed or consumed on the premises;"satellite dish antenna" means apparatus fixed to a structure or mounted permanently on the ground, that is capable of receiving or transmitting communication signals from a satellite;"scenic drive" means a public street which is designated as a scenic drive by the City in recognition of the high visual amenity alongside that public street, including background vistas of mountain, open country, coastline or city;"scrapyard" means a property which is utilised for one or more of the following purposes:(a)storing, depositing or collecting of junk or scrap material or articles the value of which depend mainly or entirely on the material used in the manufacture thereof;(b)the dismantling of second-hand vehicles or machines to recover components or material; and(c)the storing or sale of second-hand parts, poles, steel, wire, lumber yards, tyres, bricks, containers or other articles which are suitable to be left in the open;"second dwelling" means another dwelling unit which may, in terms of this development management scheme, be erected on a land unit where a dwelling house is also permitted; and such second dwelling may be a separate structure or attached to an outbuilding or may be contained in the same structure as the dwelling house; provided that:(a)the second dwelling shall remain on the same land unit as the dwelling house; and(b)the second dwelling shall comply with the requirements specified in this development management scheme;"service station" means property for the retail supply of fuel, and includes trading in motor vehicles, oil, tyres or motor spares, general repairs to motor vehicles, exhaust fitment, shockabsorber fitment, washing of vehicles, and an ancillary shop; but does not include spray-painting, panel beating or body work;"service trade" means an enterprise which:(a)is primarily involved in the rendering of a service for the local community, such as the repair of household and electrical appliances or the supply of household services;(b)is not likely to be a source of disturbance to surrounding properties;(c)employs at most 10 people;(d)is not likely, in the event of fire, to cause excessive combustion, give rise to poisonous fumes or cause explosions; and may include a builder’s yard and allied trades, fitment centre for tyres, shock absorbers or exhausts, and similar types of uses; but does not include an abattoir, brick-making site, sewage works, service station or motor repair garage;"shelter" means a structure and unit of accommodation intended for human occupation, constructed of any material whatsoever, even though such material may not comply with the standards of durability intended by the National Building Act;"shipping or transport container" means a large, weatherproof container used for the transport of goods by sea, rail or road, that is usually stored in the open when not in use;"shop’ or ‘shops" means property used for the retail sale of goods and services to the public, and includes a retail concern where goods which are sold in such a concern are manufactured or repaired; provided that the floor space relating to such manufacture or repair shall not comprise more than 40% of the floor space of the shop;"shop’ does not include an industry, supermarket, service trade, motor repair garage, service station, restaurant, adult entertainment business, adult services, adult shop or sale of alcoholic beverages;"sign" means any sign, sign-writing, mural, graphic design, signboard, screen, blind, boarding or other device by means of which an advertisement or notice is physically displayed, and includes any advertisement or object, structure or device which is in itself an advertisement or which is used to display an advertisement;"site development plan" means a scaled and dimensioned plan which shows development details such as (but not limited to) site layout, positioning of buildings and structures, property access, building designs and landscaping of the proposed development;"stoep" means an uncovered paved area or projecting floor outside and immediately adjoining a building, at or below the level of the ground floor thereof, and includes any low walls or railings enclosing such paved areas or floors;"storey" means that portion of a building included between the surface of any floor and the surface of the next floor above; or if there is no floor above, then up to the ceiling; provided that:(a)a basement does not constitute a storey;(b)a roof, or dome which forms part of a roof, shall not constitute a separate storey unless the space within the roof or dome is designed for or used for human occupation, in which case it is counted as a storey;(c)any storey which is greater than 4,8 m but equal to or less than 7,2 m in height shall, for the purposes of the height measurement, be counted as two storeys, and every additional 4,8 m in height or portion thereof, shall be counted as an additional storey; and(d)in counting the number of storeys of a building, the ground floor is the first storey and the next floor above is the second storey;"stormwater" means water resulting from natural processes, precipitation and/or the accumulation thereof, and includes groundwater and springwater ordinarily conveyed by the stormwater system, as well as sea water within estuaries, but excludes water in a drinking-water or waste-water reticulation system;"stormwater system" means constructed and natural facilities, including pipes, culverts and water courses, used or required for the management, collection, conveyance, temporary storage, control, monitoring, treatment, use and disposal of stormwater;"street’: see ‘public street’;"street boundary" means the boundary between a land unit and an abutting public street or private road; provided that the boundary of a pedestrian way or service lane that cannot or will never be used by motor vehicles, shall be deemed to be a common boundary for the purpose of determining building lines, street centreline setback and site access requirements;"street centreline setback" means the line delimiting the area measured from the centre line of a particular public street, within which no building or other structure, including a boundary fence, may be erected;"structure’, without in any way limiting its ordinary meaning, includes any building, shelter, wall, fence, pillar, tower, pergola, steps, landing, terrace, sign, ornamental architectural feature, swimming pool, fuel pump or underground tank, any building ancillary to service infrastructure provision, and any portion of a structure;"supermarket" means a shop having a total floor space in excess of 400 m², in which a range of goods, including foodstuff and household goods, is offered for sale on a predominantly self-service basis;"telecommunication infrastructure" means any part of the infrastructure of a telecommunication network for radio/wireless communication, including voice, data and video telecommunications, which may include antennas; and any support structure, equipment room, radio equipment or optical communications equipment (laser or infra-red) provided by cellular network operators and any other telecommunication provider; as well as all ancillary structures needed for the operation of telecommunication infrastructure. Fibre optic installations and point-to-point copper (cable) installations are excluded from this definition;"terrace" means an area to which occupants or users of a building have access, created on a flat roof over a portion of the building, resulting from the setting back of part of the building above such portion;"third dwelling" means another dwelling unit which may, in terms of this development management scheme, be erected on a land unit where a dwelling house and a second dwelling have already been approved or lawfully erected;"top of the roof’, for the purpose of height control, means the top of the roof ridge in the case of a pitched roof, or the top of the parapet where a parapet extends above the roof;"total floor space’ of a building means the sum of the floor space of all the levels therein, including basements;"tourist accommodation" means a harmoniously designed and built development, used for holiday or recreational purposes, whether in private or public ownership, which:(a)consists of a single enterprise in which overnight accommodation is supplied by means of short-term rental or time sharing only; and(b)may include the provision of a camping site or mobile home park; but does not include a hotel;"tourist facilities" means amenities for tourists or visitors such as lecture rooms, restaurants, gift shops, restrooms and recreational facilities, but does not include a hotel or tourist accommodation;"transport impact statement" means a study of the transport impact generated by a proposed development on the existing and planned road system, and recommendation of mitigating measures required as a result of the impact;"transport management plan" means a document or plan specifying how the transport requirements will be accommodated in terms of all modes of transport, such as (but not limited to) public transport, private transport, cycling and walking, and how the parking requirements will be accommodated both on and off a site, including what services associated with parking will be required;"transport use" means the use of land, a building or structure for the operation of a public service for the transportation of goods (including liquids and gases) or passengers by means of rail, road, sea or pipeline, including the use of such land, building or structure for the purpose of a harbour, railway station, bus depot or taxi interchange, a transport undertaking based on the provision of a transport service; and includes a public private undertaking such as a railway station, bus depot, taxi rank, public transport interchange, harbour and ancillary purposes, but does not include an airport or helicopter landing pad;"urban agriculture" means the cultivation of crops, on relatively small areas within the urban area or edge, for own consumption or sale in neighbouring markets; provided that cultivation of a garden at a dwelling by an occupant shall not be regarded as urban agriculture for the purpose of this development management scheme;"used’, in addition to its ordinary meaning, includes ‘designated or intended to be used’;"utility service" means a use or infrastructure that is required to provide engineering and associated services for the proper functioning of urban development and includes a water reservoir and purification works, electricity substation and transmission lines, stormwater retention facilities, and a waste-water pump station and treatment works, but does not include road, wind turbine infrastructure or transport use;"verandah" means a covered area (not being an area which is part of a yard or parking area) or projecting floor outside and immediately adjoining a building at or below the level of the ground floor thereof; and includes both such area or floor and the roof or other feature covering it, as well as any low walls or railings enclosing such paved area or floor;"vertical division" of a building means a portion of the building bounded by any combination of external and internal walls, with or without openings, which portion is, by design, clearly identifiable as a logical vertical component from other portions of the building. The City may deem that a building is divided into vertical divisions, where every such division shall have a separate base level for the purpose of administering this development management scheme;"veterinary practice" means a building or part of a building used by a registered veterinary surgeon for medical examinations or surgical procedures on animals, and may include the sale of animal food and related accessories;"wallplate" means the lowest point of a longitudinal member, truss, bracket, pillar, post, structure or any other similar device as determined by the City, supporting a roof;"warehouse" means a building used primarily for the storage of goods, except those that are offensive or dangerous, and includes property used for business of a predominantly wholesale nature, but does not include property used for business of a predominantly retail nature;"watercourse" means:(a)a river, stream, channel or canal in which water flows regularly or intermittently;(b)a vlei, wetland, dam, or lake into which or from which water flows; and includes the bed and banks of a watercourse;"winery" means a place where wine is made, and may include a selling point to the general public and wine-tasting area; and"wind turbine infrastructure" means a device that converts energy from the wind to electricity that may or may not be linked to an electricity provider’s grid or network and comprises a rotor (propeller), a generator, a tower and any infrastructure in support thereof.

2. Interpretation

The following provisions govern interpretation of the development management scheme:(a)Whenever reference is made to the use of a building, land unit or property, it includes the erection of a building, the use of part of a building and the use of a land unit, whether a building is erected on the land unit or not.(b)A sentence in italics is for guidance and should be regarded as not forming part of this development management scheme.

3. Methods of measuring distances, heights and levels or the requirement to round up or down

The following provisions apply with regard to measuring distances, levels or height or the requirementto round up or down:(a)If required by the City, the owner or applicant shall appoint a registered surveyor to supply or verify information necessary for the City to make a decision about compliance with distances or levels required in terms of this development management scheme.(b)Where reference is made or implied to the distance between boundaries or between a building and a boundary, this distance shall be measured in the following manner:(i)The boundary or boundaries and all points of the building shall be projected onto a horizontal plane, and all measurements shall be made on such a plane; and(ii)The distance between a point on a building and a boundary shall be measured at the shortest distance between the point and the boundary.(c)Where reference is made to a portion of a boundary ‘opposite a building’, such portion shall be defined by drawing lines in the manner described in paragraph (b) from points on such building, at right angles to such boundary.(d)Any post-construction deviation from a height restriction that does not exceed 300 mm will not be considered a contravention of the provisions of this development management scheme, provided that this deviation provision does not apply for the purposes of making an application.(e)If there is doubt about the height of a building or structure, the City may require the owner to appoint a registered surveyor to:(i)certify the actual height of the building or structure in accordance with the provisions of this development management scheme;(ii)certify if a building or structure is in contravention of the provisions of this development management scheme; and(iii)certify that all structures on the property comply with the height restrictions applicable to the property.(f)Where reference is made to a distance, ground level, height of a point on a building or other measurement, then such distance, level or height shall be calculated in accordance with recognised geometric principles, and for the purposes of determining contours, from any data set held by the City at or before the commencement date or any data set so determined by the City. In any case where the distance, level or height involved is so irregular that calculation in accordance with these principles is impractical or leads to a result which is clearly not in accordance with the intent of the development management scheme, the City shall determine the distance, level or height concerned for the purpose of administering this development management scheme.(g)If it is necessary to determine the number of parking bays, or any other development rule for a land use that can only be complied with in terms of a whole number, it may be necessary to either round up or down the calculation. In such case a measure of 0.5 and above will be rounded up to the next whole number and if less than 0.5 will be rounded down to the next whole number, with the exception that a minimum unit requirement will be 1 (one), except if otherwise stated.

4. Interpretation of boundaries

Where uncertainty exists as to the boundaries of zones, the following rules apply, in the order listed:(a)Boundaries shown as following or approximately following any public street or road shall be construed as following the street or road cadastral boundary.(b)Boundaries shown as following or approximately following any land unit boundary shall be construed as following such boundary.(c)Boundaries shown as following or approximately following natural features shall be construed as following such features.(d)In the event of further uncertainty as to the boundaries of a zone, the City shall make a determination.

5. Interpretation of category of use and zoning

In the event that there is:(a)uncertainty or dispute about zoning categories;(b)conflict between the provisions of a zoning map, the development management scheme and the register; or(c)uncertainty or dispute about the zoning of property,the City, after giving due consideration to any relevant representations, shall determine the category of use or zoning, and its decision shall be final.

6. Evasion of intent of the development management scheme

The City may refuse any application in terms of this By-Law if it considers such application to constitute or facilitate an evasion of the intent of this development management scheme or any of its provisions.

Chapter 2
Application and approval procedures

7. Development rules applicable to an approved consent use

(1)When a consent use is approved, the following shall apply:(a)If such consent use as listed in a specific zoning is a primary use in another zoning, it shall be subject to the most restrictive development rules operating either in such other zoning or in that zoning;(b)If such consent use as listed in a zoning is not a primary use in another zoning, it shall be subject to the development rules in that zoning;(c)The consent use shall be subject to any development rule imposed as a condition in the approval;
(2)Notwithstanding sub-item (1), the City may impose further conditions including:(a)limiting a consent use for a specified period of time;(b)requiring that a consent use does not adversely affect the potential use of that property for its primary uses in terms of this development management scheme;DIVISION II: ZONING CATEGORIES, BASE ZONINGS AND DEVELOPMENT RULES (items 8 -120)This division describes the various zoning categories, base zonings and their respective provisions. It sets out the development rules that apply to each zoning, including primary and consent uses. Zoning categories are grouped into chapters according to similarity of use rights and intensity of development. In turn, the chapters are divided into parts, with each zoning being dealt with as a part. As many of the applicable development rules as possible are contained in the section concerned, but general rules and definitions that apply to all zonings and the development management scheme in general are contained in Division III.

Chapter 3
Zoning and use of property

Part 1 – Zonings

8. Zonings

(1)All properties that were zoned in terms of a former zoning scheme are deemed to be zoned in terms of this development management scheme.
(2)The City Manager shall ensure that the zoning of all properties within the municipal area are determined and depicted on the zoning map, and where appropriate, recorded in the register.
(3)Property situated within a particular zoning is subject to the provisions specified for that zoning under Division II of this development management scheme.
(4)In addition to the provisions of Division II the general provisions of Division III shall apply in all zonings, and the provisions of any applicable overlay zoning in terms of Division IV shall apply to the land units concerned.
(5)If legal steps are taken as contemplated in section 50(1) of the By-law, the development rules applicable to the zoning of each land unit remains applicable.

9. Subzonings

(1)Certain zonings have been divided into subzonings that distinguish between different building forms through different development rules. In order to change or relax the development rules applicable to property regulated by a base or subzoning, either:(a)an application for departure from the development rule(s), or(b)an application for rezoning to another zoning or subzoning must be submitted and approved.
(2)A rezoning application must be submitted if the change contemplated in sub-item (1) is equivalent to or greater than the permitted floor space or height of the next most intensive subzoning.

Part 2 – Uses permitted as of right

10. Primary uses

The use of property for any purpose specified as a primary use in the zoning of that property is permitted without the approval of the City.

11. Additional use rights

An activity or use described as an additional use right in a particular zoning is permitted in that zoning without the approval of the City, provided that any condition or further provisions specified for such activity or use are adhered to.

12. Ancillary uses

An ancillary use is permitted where a primary use, approved consent use or other lawful use is exercised.

Part 3 – Uses permitted only with the City’s approval

13. Consent uses

A consent use as listed under a base zoning in this development management scheme is permitted only if the City grants its approval for such consent use.

14. Occasional uses

(1)The occasional use of a property for temporary events (including craft markets, circuses, public meetings, religious gatherings, film shoots or other events) may be permitted with the City’s approval, even though these events are not in accordance with the use rights of the property concerned, provided that:(a)the occasional use will not have a significant negative impact on surrounding areas, or on the natural and cultural environment;(b)the occasional use is genuinely of a temporary and short term nature, and may not occur for more than 5 days per month or more days as may be allowed by the City; and(c)the occasional use conforms with the City’s policies.
(2)Approval in terms of sub-item (1) above may be granted subject to, but not limited to, the following conditions:(a)the amount of parking and the number of ablution facilities required;(b)the maximum duration or occurrence of the occasional use.
(3)The City may issue a notice calling for compliance with conditions or for the ceasing of the occasional use by a specific date, where:(a)conditions of approval are not met; or(b)where a public nuisance is caused.

15. Special use

(1)A special use is a use not defined or provided for in this development management scheme, and may be so classified and permitted in any zoning with the approval of the City.
(2)A special use which has been classified and permitted in a zoning with the approval of the City, must be published in the Provincial Gazette.

Part 4 – Deemed zoning or determined zoning

16. Public open space and public streets

(1)Any portion of land designated on the zoning map or specified on a General Plan of a registered township as public open space shall be deemed to be zoned as Open Space Zoning 2: Public Open Space.
(2)All public roads and public streets referred to in this development management scheme are roads proclaimed in terms of the Roads Ordinance, 1976 (Ordinance 19 of 1976) or roads or streets established in terms of the former Municipal Ordinance, 1974 (Ordinance 20 of 1974) or any equivalent current municipal by-law and/or national legislation, unless they are specifically excluded.
(3)Any public road and public street and any portion of land proclaimed or reserved under any law as public road or public street or the widening or improvement of any such existing public road or street or specified on a General Plan of a registered township, diagram or map as public road or public street, shall be deemed to be zoned as Transport Zoning 2: Public Street and Public Parking.
(4)Where a proclamation or reservation in terms of sub-item (3) or part thereof is withdrawn or cancelled, the City shall determine a zoning and/or subzoning for a land unit which was subject to such proclamation or reservation, whereafter the land unit concerned shall be deemed to be zoned in accordance with such determination, provided that:(a)the City Manager shall notify the affected land owner; and(b)the City shall consider any representations received in terms of paragraph (a) above prior to making such determination.
(5)Notwithstanding the provisions in sub-item (4), where only a part of a land unit was deemed Transport Zoning 2: Public Street and Public Parking, such part which was subject to a proclamation or reservation shall be deemed to fall into the same zoning and/or subzoning as that of the rest of the land unit.
(6)Where a proclamation or reservation is withdrawn or cancelled as contemplated in subitems (4) and (5), such withdrawal or cancellation, including deeming, shall only apply to the land referred to in the relevant resolution, or notice of withdrawal or cancellation.
(7)Any portion of land which was previously part of a public street but has become the property of an abutting owner through prescription shall be deemed to be zoned as Transport Zoning 2: Public Street and Public Parking; provided that where the City specifically resolves that such portion of land is no longer required for public street purposes, such land shall be deemed to fall into the same zoning and subzoning as that of the abutting land belonging to such owner.
(8)Where any portion of land (other than land referred to in sub-item (7)) which was previously a public street or public open space vested in or owned by the City, is closed and transferred to an abutting owner, such portion of land shall be deemed to fall into the same zoning and subzoning, including any conditions of approval, if any, as that of the abutting land belonging to such owner provided that:(a)where the intended owner of the public street or public open space does not own the abutting property, or(b)where the intended owner owns abutting properties falling into more than one zoning, or(c)in any other case not provided for herein, the City shall determine which zone shall apply to the property concerned.
(9)Where the zoning and/or subzoning of a land unit or part thereof is deemed under Part 4: Deemed zoning of this development management scheme, the City shall record such deemed zoning and/or subzoning on the zoning map.

17. Land subject to the provisions of section 13 of the Legal Succession of the South African Transport Services Act, 1989 (Act 9 of 1989)

(1)All land subject to section 13 of the Legal Succession of the South African Transport Services Act, 1989 (Act 9 of 1989) is deemed to be zoned Transport Zoning 1: Transport Use (TR1). (2) Where an agreement has been entered into between the City and the South African Transport Services or any of its divisions or its successors in title in terms of the Legal Succession of the South African Transport Services Act, 1989 (Act 9 of 1989) or preceding legislation, the provisions and conditions contained within such agreement shall prevail over the provisions of the TR1 zoning.
(3)The conditions contained in an agreement referred to in sub-item (2) are deemed to be development rules.
(4)If these development rules are to be altered, this must be done by means of a departure in terms of this By-Law.
(5)Where additional land use rights are applied for, this must be done by means of rezoning in terms of this By-Law.
(6)Where land that is owned by the former South African Transport Services or any of its divisions or successors in title has been lawfully zoned to any zoning other than Transport Zoning 1: Transport Use (TR1), such land will be deemed to retain its zoning and be allocated with a corresponding zoning in terms of this development management scheme on the City’s zoning map.

18. Land deemed as a heritage area in accordance with the National Heritage Resources Act

All Heritage Protection Overlay Zones as published in the Provincial Gazette are deemed to be heritage areas in accordance with the National Heritage Resources Act.

19. Special provisions

The provisions in the following table are deemed to constitute development rules in terms of this development management scheme.
Former zoning scheme in terms of which special zone, special area or special provision was established Name of former special zone, special area or special provision Reference number (if applicable)
Municipality of the City of Cape Town Zoning Scheme Rondebosch Shopping precinct
\Schedule 8: Special provisions applicable to certain properties
Pinelands Zoning Scheme Special Zone A: Howard Place
Special Zone B: Mutual Park

Chapter 4
Summary of zonings

20. Zoning summary table

(1)Table A contains a summary of the base zonings and development rules as set out in this development management scheme.
(2)Table A does not supersede the detailed provisions contained in Division II.Table A: Summary of the zonings and development rules
SINGLE RESIDENTIAL ZONINGS LAND UNIT AREA (m²) FLOOR FACTOR MAXIMUM FLOOR SPACE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
To wallplate To top of roof Street boundary Common boundaries
SINGLE RESIDENTIAL ZONING 1: CONVENTIONAL HOUSING (SR1)

PRIMARY USES
Dwelling house, private road and additional use rights

ADDITIONAL USE RIGHTS
Second dwelling; home occupation or bed and breakfast establishment or home child care

CONSENT USES
Utility services, place of instruction, place of worship, house shop, institution, guest house, rooftop base telecommunication station, wind turbine infrastructure, open space, urban agriculture and halfway house
>2 000 N/a 1 500 m² 9,0 m 11,0 m 6,0 m 6,0 m N/a Window and door placement

Garages, carports and outbuildings

Parking and access

Additional use rights – home occupation, bed and breakfast establishment and home child care
>1 000 up to 2 000 N/a 1 500 m² 9,0 m 11,0 m 4,5 m 3,0 m
>650 up to 1 000 N/a 1 500 m² 9,0 m 11,0 m 3,5 m 3,0 m
>350 up to 650 1,0 N/a 8,0 m 10,0 m 3,5 m 0,0 m (12,0 m from street and 60%) and 3,0 m rest
>200 up to 350 1,0 N/a 8,0 m 10,0 m 3,5 m 0,0 m (12,0 m from street and 60%) and 3,0 m rest
≤200 1,0 N/a 8,0 m 10,0 m 1,0 m 0,0 m (12,0 m from street and 60%) and 3,0 m rest
Refer to item 22(a) Refer to item 22(b) Refer to item 22(c) Refer to item 22(c) Refer to item 22(d) & 22(e) Refer to item 22(d) & 22(e)
SINGLE RESIDENTIAL ZONING 2: INCREMENTAL HOUSING (SR2)

PRIMARY USES
Dwelling house, second dwelling, utility service, private road, urban agriculture, open space and additional use rights

ADDITIONAL USE RIGHTS
Shelter, house shop, home occupation, bed and breakfast establishment, home child care, informal trading and any educational, religious, occupational or business purpose subject to conditions

CONSENT USES
Group housing, boarding house, place of worship, institution, clinic, place of assembly, place of instruction, office, restaurant, guest house, place of entertainment, service trade, authority use, rooftop base telecommunication station, wind turbine infrastructure, halfway house and veterinary practice
1,0 N/A 6,0 m dwelling units 8,0 m dwelling units Formal township: 1,0 m Formal township: 0,0 m for 60% and 1,0 m for remainder; 2,5 m between shelters and other buildings N/a Parking and access

House shop

Shelter

Informal trading

Land constructed as or identified for roads

Land used as or identified for firebreaks

Approval of building plans
8,0 m other dwellings 10,0 m other buildings No formal township: 1,0 m No formal township: 3,0 m on perimeter; 2,5 m between shelters and other buildings
Refer to item 27(a) Refer to item 27(b) Refer to item 27(b) Refer to Item 27(c) & 27(d) Refer to Item 27(c) & 27(d)
GENERAL RESIDENTIAL ZONING SUB- ZONING DENSITY COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
To wallplate To top of roof Street boundary Common boundaries
GENERAL RESIDENTIAL SUBZONING 1: GROUP HOUSING (GR1) GR1 35 du/ha N/a 8,0 m 10,0 m 5,0 m external public street
0,0 m internal road
Garages 5,0 m from kerb
3,0 m external boundaries
0,0 m internal boundaries
N/a Design principles

Open space

Parking and access

Site development plan

Flats and home occupation as additional use right

Dwelling house outside group scheme
PRIMARY USES
Dwelling house, group housing, private road, open space and additional use rights
ADDITIONAL USE RIGHTS
Flats and home occupation, subject to restriction
Refer to item 35(b) Refer to item 35(c) Refer to item 35(c) Refer to item 35(e) & 35(f) Refer to item 35(e) & 35(f)
CONSENT USES
Utility services, home child care and rooftop base telecommunication station
FLOOR FACTOR To top of roof
GENERAL RESIDENTIAL SUBZONINGS (GR2–GR6) GR2 1,0 60% 15,0 m 4,5 m 4,5 m or 0,6 H (0,0 m up to 15,0 m height for 18,0 m from street) 8,0 m Parking and access

Screening
Wind mitigation

Dwelling house and second dwelling

Group housing

Institution, place of instruction and place of assembly

Shop
PRIMARY USES
Dwelling house, second dwelling, group housing, boarding house, guest house, flats, private road and open space
GR3 1,0 60% 20,0 m 4,5 m 4,5 m or 0,6 H (0,0 m up to 15,0 m height for 18,0 m from street) 8,0 m
CONSENT USES
Utility service, place of instruction, place of worship, institution, hospital, place of assembly, home occupation, shop, hotel, conference facility, rooftop base telecommunication station and veterinary practice
GR4 1,5 60% 24,0 m 4,5 m 4,5 m or 0,6 H (0,0 m up to 15,0 m height for 18,0 m from street) 8,0 m
GR5 2,5 60% 35,0 m 4,5 m;
9 m above 25 m height
4,5 m or 0,6 H (0,0 m up to 15,0 m height for 18,0 m from street); 15,0 m above 25,0 m height 8,0 m
GR6 5,0 60% 50,0 m 4,5 m;
9 m above 25 m height
4,5 m or 0,6 H (0,0 m up to 15,0 m height for 18,0 m from street); 15,0 m above 25,0 m height 8,0 m
Refer to item 41(b) Refer to item 41(a) Refer to item 41(c) Refer to item 41(e) Refer to item 41(e) Refer to item 41(d)
COMMUNITY ZONINGS FLOOR FACTOR COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
To top of roof Street boundary Common boundaries
COMMUNITY ZONING 1: LOCAL (CO1)

PRIMARY USES
Place of instruction, place of worship, clinic, rooftop base telecommunication station, open space and filming

CONSENT USES
Institution, hospital, place of assembly, cemetery, freestanding base telecommunication station, urban agriculture and veterinary practice
0,8

Refer to item 47(a)
60%

Refer to item 47(b)
12,0 m

Refer to item 47(c)
5,0 m

Refer to item 47(d)
5,0 m

Refer to item 47(e)
N/a Parking and access

Loading

Screening

Noise mitigation
COMMUNITY ZONING 2: REGIONAL (CO2)

PRIMARY USES
Institution, hospital, place of instruction, place of worship, place of assembly, rooftop base telecommunication station, open space and filming

CONSENT USES
Boarding house, conference facility, cemetery, crematorium, funeral parlour, freestanding base telecommunication station, wind turbine infrastructure, urban agriculture and veterinary practice
2,0

Refer to item 49(a)
60%

Refer to item 49(b)
18,0 m

Refer to item 49(c)
5,0 m

Refer to item 49(d)
5,0 m

Refer to item 49(e)
N/a Parking and access

Loading

Screening

Noise mitigation
LOCAL BUSINESS ZONING LAND UNIT AREA (m²) FLOOR FACTOR COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
To wallplate To top of roof Street boundary Common boundaries
LOCAL BUSINESS ZONING 1: INTERMEDIATE BUSINESS (LB1)

PRIMARY USES
Office, dwelling house, boarding house, utility services, flats and additional use rights

ADDITIONAL USE RIGHTS
Second dwelling and home occupation or house shop or bed and breakfast establishment or home child care

CONSENT USES
Place of instruction, place of worship, institution, clinic, place of assembly, guest house, shop, informal trading, service trade, rooftop base telecommunication station, wind turbine infrastructure, halfway house and veterinary practice
>1 000 1,0 N/a 9,0 m 11,0 m 3,5 m 3,0 m N/a Garages and carports

Parking and access

Loading

Screening

Home occupation, bed & breakfast establishment and home child care

Second dwelling

House shop
>650 up to 1 000 1,0 9,0 m 11,0 m 3,5 m 3,0 m
>350 up to 650 1,0 8,0 m 10,0 m 3,5 m 0,0 m (12,0 m from street and 60%) and 3,0 m rest
>200 up to 350 1,0 8,0 m 10,0 m 3,5 m 0,0 m (12,0 m from street and 60%) and 3,0 m rest
≤200 1,0 8,0 m 10,0 m 1,0 m 0,0 m (12,0 m from street and 60%) and 3,0 m rest
Refer to item 51(a) Refer to item 51(b) Refer to item 51(b) Refer to item 51(c) Refer to item 51(c)
To top of roof
LOCAL BUSINESS ZONING 2: LOCAL BUSINESS (LB2)

PRIMARY USES
Shop, office, dwelling house, second dwelling, bed and breakfast establishment, boarding house, flats, place of instruction, place of worship, institution, clinic, guest house, service trade, utility service, rooftop base telecommunication station, private road, open space and veterinary practice

CONSENT USES
Place of assembly, informal trading, restaurant, sale of alcoholic beverages, funeral parlour, place of entertainment, adult shop, business premises, supermarket, plant nursery, hotel, conference facility, motor repair garage, service station, authority use, freestanding base telecommunication station, wind turbine infrastructure, transport use and multiple parking garage
1,0 75% 12,0 m 0,0 m 8,0 m Canopy projection

Street corners

Parking and access

Loading

Screening

Service station and motor repair garage

Informal trading
Refer to item 56(a) Refer to item 56(b) Refer to item 56(c) Refer to item 56(e) & 56(f) Refer to item 56(d)
GENERAL BUSINESS AND MIXED USE ZONINGS SUB- ZONING FLOOR FACTOR COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
Street boundary Common boundaries
GENERAL BUSINESS SUBZONINGS (GB1– GB7)

PRIMARY USES
Business premises, dwelling house, second dwelling, boarding house, flats, place of instruction, place of worship, institution, hospital, place of assembly, place of entertainment, hotel, conference facility, service trade, authority use, utility service, rooftop base telecommunication station, multiple parking garage, private road, open space, veterinary practice and filming

CONSENT USES
Adult shop, adult entertainment business, adult services, informal trading, expo-centre, motor repair garage, warehouse, freestanding base telecommunication station, wind turbine infrastructure, transport use, helicopter landing pad and service station
GB1 1,5 100% 15,0 m 0,0 m up to 10,0 m height; 4,5 m above 10,0 m 0,0 m 8,0 m Residential incentive in respect of GB7

Hotel floor space concession

Canopy or balcony projection

Public pedestrian footway along street boundary

Street corners

Parking and access

Loading

Screening

Wind mitigation

Service station and motor repair garage

Informal trading
GB2 2,0 100% 15,0 m 0,0 m up to 10,0 m height; 4,5 m above 10,0 m 0,0 m 8,0 m
GB3 2,0 100% 25,0 m 0,0 m up to 10,0 m height; 4,5 m above 10,0 m 0,0 m 8,0 m
GB4 3,0 100% 25,0 m 0,0 m up to 10,0 m height; 4,5 m above 10,0 m 0,0 m 8,0 m
GB5 4,0 100% 25,0 m 0,0 m 0,0 m 8,0 m
GB6 6,0 100% 38,0 m 0,0 m up to 25,0 m height;
½ (H-25 m) above 25,0 m
0,0 m 8,0 m
GB7 12,0 100% 60,0 m 0,0 m up to 38,0 m height;
½ (H-38 m) above 38,0 m
0,0 m 8,0 m
Refer to item 60(c) Refer to item 60(a) Refer to item 60(d) Refer to item 60(e) Refer to item 60(e) Refer to item 60(b)
MIXED-USE SUBZONINGS (MU1– MU3)

PRIMARY USES
Business premises, industry, dwelling house, second dwelling, boarding house, flats, place of instruction, place of worship, institution, hospital, place of assembly, place of entertainment, hotel, conference facility, authority use, utility service, rooftop base telecommunication station, transport use, multiple parking garage, private road, open space and filming

CONSENT USES
Adult shop, adult entertainment business, adult services, informal trading, expo centre, scrap yard, freestanding base telecommunication station, wind turbine infrastructure, helicopter landing pad, service station, motor repair garage, veterinary practice and recycling centre
MU1 1,5 75% 15,0 m 0,0 m up to 10,0 m height; 4,5 m above 10,0 m 8,0 m Canopy or balcony projection

Parking and access

Loading

Screening

Service station and motor repair garage

Informal trading
MU2 4,0 100% 25,0 m 0,0 m up to 10,0 m height; 4,5 m above 10,0 m 8,0 m
MU3 6,0 100% 38,0 m 0,0 m up to 25,0 m height; ½ (H-25 m) above 25,0 m 8,0 m
Refer to item 64(a) Refer to item 64(a) Refer to item 64(a) Refer to item 64(c) Refer to item 64(b)
INDUSTRIAL ZONINGS SUB- ZONING FLOOR FACTOR COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
Street boundary Common boundaries
GENERAL INDUSTRY SUBZONINGS (GI1–GI2)

PRIMARY USES
Industry, restaurant, service station, motor repair garage, funeral parlour, scrap yard, authority use, utility service, crematorium, rooftop base telecommunication station, freestanding base telecommunication station, transport use, multiple parking garage, agricultural industry, private road, open space, additional use rights, veterinary practice and filming

ADDITIONAL USE RIGHTS
Factory shop and adult shop

CONSENT USES
Abattoir, place of worship, institution, clinic, place of assembly, adult entertainment business, adult services, aqua- culture, informal trading, shop, office, sale of alcoholic beverages, place of entertainment, helicopter landing pad, wind turbine infrastructure and container site
GI 1 1,5 75% 18,0 m 5,0 m 3,0 m N/a Boundary walls

Parking and access

Loading

Screening

Hazardous substances

Service station and motor repair garage

Factory shop

Adult shop

Informal trading
GI 2 4,0 75% 18,0 m, but no restriction in respect of manufacturin g buildings 5,0 m 3,0 m
Refer to item 68(a) Refer to item 68(a) Refer to item 68(b) Refer to item 68(c) Refer to item 68(d)
RISK INDUSTRY ZONING (RI)

PRIMARY USE
Noxious trade, risk activity, crematorium, rooftop base telecommunication station, freestanding base telecommunication station, private road, open space, additional use rights and filming

ADDITIONAL USE RIGHTS
Factory shop

CONSENT USE
Shop, restaurant, informal trading, service station, motor repair garage, industry, scrap yard, abattoir, authority use, utility service, helicopter landing pad, wind turbine infrastructure, container site, transport use, multiple parking garage and recycling centre
2,0 75% 18,0 m, but no restriction in respect of noxious trade, risk activity or manufacturin g buildings 5,0 m 5,0 m N/a Parking and access

Loading

Screening

Boundary walls

Hazardous substances

Service station and motor repair garage

Factory shop

Informal trading
Refer to item 75(a) Refer to item 75(b) Refer to item 75(c) Refer to item 75(d) Refer to item 75(c)
UTILITY, TRANSPORT AND NATIONAL PORT ZONINGS FLOOR FACTOR COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
Street boundary Common boundaries
UTILITY ZONING (UT)
PRIMARY USES

Utility service, authority use, rooftop base telecommunication station and freestanding base telecommunication station

CONSENT USES
Cemetery, informal trading, funeral parlour, crematorium, urban agriculture, airport, wind turbine infrastructure and helicopter landing pad
As determined by a site development plan (Refer to item 81)
TRANSPORT ZONING 1: TRANSPORT USE (TR1)
PRIMARY USES
Transport use, multiple parking garage, utility service, warehouse, rooftop base telecommunication station and container site
CONSENT USES
Business premises, flats, place of assembly, place of entertainment, hotel, conference facility, service station, motor repair garage, service trade, freestanding base telecommunication station, wind turbine infrastructure, airport, helicopter landing pad, informal trading, industry and air and underground rights
2,0 75% 15,0 m for stacked shipping containers
18,0 m for any other building
0,0 m 3,0 m N/a Parking and access

Service station and motor repair garage

Informal trading

Air and underground rights
Refer to item 83(a) Refer to item 83(b) Refer to item 83(c) Refer to item 83(d) Refer to item 83(d)
TRANSPORT ZONING 2: PUBLIC ROAD AND PUBLIC PARKING (TR2)

PRIMARY USES
Public street, public road and utility service

CONSENT USES
Multiple parking garage, informal trading, wind turbine infrastructure and air and underground rights
As determined by a site development plan (Refer to item 88) Deemed zoning

Construction and deposit of materials

Air and underground rights

Proposed public street, street widening and street closure

Informal trading
NATIONAL PORT ZONING (NPZ)

PRIMARY USES
Land uses as set out in an approved Port development framework plan

CONSENT USES
None
As determined by an approved Port development framework plan (Refer to item 95) Deemed zoning

Deemed zoning of land transferred to National Ports Authority
OPEN SPACE ZONING FLOOR FACTOR COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
Street boundary Common boundaries
OPEN SPACE ZONING 1: ENVIRONMENTAL CONSERVATION (OS1)

PRIMARY USES
Environmental conservation use

CONSENT USES
Harvesting of natural resources, environmental facilities, tourist accommodation, tourist facilities, utility service, rooftop base telecommunication station, freestanding base telecommunication station, wind turbine infrastructure and cultural and social ceremonies
As determined by a site development plan (Refer to item 98)
OPEN SPACE ZONING 2: PUBLIC OPEN SPACE (OS2)

PRIMARY USES
Public open space and environmental conservation use

CONSENT USES
Environmental facilities, tourist facilities, utility service, cemetery, rooftop base telecommunication station, freestanding base telecommunication station, wind turbine infrastructure, cultural and social ceremonies, urban agriculture, informal trading, harvesting of natural resources and air and underground rights
As determined by a site development plan (Refer to item 100) Deemed zoning

Construction and deposit of material

Air and underground rights

Informal trading
OPEN SPACE ZONING 3: SPECIAL OPEN SPACE (OS3)

PRIMARY USES
Open space, private road and environmental conservation use

CONSENT USES
Environmental facilities, tourist facilities, place of instruction, place of assembly, place of entertainment, plant nursery, utility service, cemetery, rooftop base telecommunication station, freestanding base telecommunication station, wind turbine infrastructure, cultural and social ceremonies, urban agriculture, informal trading and harvesting of natural resources
As determined by a site development plan (Refer to item 105) Approval of consent uses

Informal trading
AGRICULTURAL, RURAL AND LIMITED USE ZONINGS MAXIMUM FLOOR SPACE COVERAGE MAXIMUM HEIGHT ABOVE BASE LEVEL BUILDING LINES STREET CENTRELINE SETBACK OTHER PROVISIONS
To wallplate To top of roof Street boundary Common boundaries
AGRICULTURAL ZONING (AG)
PRIMARY USES
Agriculture, intensive horticulture, dwelling house, riding stables, environmental conservation use, environmental facilities, rooftop base telecommunication station and additional use rights

ADDITIONAL USE RIGHTS
Second dwelling and home occupation or bed and breakfast establishment or home child care

CONSENT USES
Additional dwelling units, guest house, hotel, tourist accommodation, tourist facilities, intensive animal farming, harvesting of natural resources, mine, utility service, freestanding base telecommunication station, wind turbine infrastructure, aqua- culture, animal care centre, farm shop, agriculture industry, veterinary practice and renewable energy structure
1 500 m² for all dwelling units N/a 9,0 m for dwelling house 11,0 m for dwelling house > 20 ha : 30,0 m > 20 ha : 30,0 m N/a Parking

Minimum subdivision size

Agricultural industry

Second dwelling and additional dwelling units
100 m² for farm shop 12,0 m for agricultural buildings other than dwelling house ≤ 20 ha : 15,0 m ≤ 20 ha : 15,0 m
Refer to item 109(a) Refer to item 109(d) Refer to item 109(d)