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Swartland
South Africa
South Africa
Municipal Land Use Planning By-law, 2017
- Published in Western Cape Provincial Gazette no. 7741 on 3 March 2017
- Commenced on 3 March 2017
- [Up to date as at 19 February 2021]
Chapter I
INTERPRETATION AND APPLICATION
1. Definitions
In this by-law, unless the context indicates otherwise, any word or expression to which a meaning has been assigned in the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014), has the meaning assigned to it in that Act and—"adopt", in relation to a spatial development framework, zoning scheme, policy or strategy, means the approval thereof by a competent authority;"agent" means a person authorised in terms of a power of attorney to make an application on behalf of the owner of land;"Appeal Authority" means the Appeal Authority contemplated in section 89(1); 29. "applicable period", referred to in sections 27(5) and (6), 28(2), (5) , 32(1) and 42(1), means the period that may be determined by the municipality in the conditions of approval subject to section 43(2)(b) of the Spatial Planning and Land Use Management Act or the period referred to in section 43(2)(a) of the Spatial Planning and Land Use Management Act;"applicant" means a person referred to in section 25(2) who makes an application to the municipality as contemplated in that section;"application" means an application to the municipality referred to in section 25(2);"authorised employee" means a municipal employee who is authorised in terms of delegated or sub-delegated authority by the municipality to exercise a power or perform a duty in terms of this by-law or to inspect land and buildings in order to enforce compliance with this by-law or the zoning scheme;"base zoning" means the zoning before the application of any overlay zone;"comments", in relation to comments submitted by the public, municipal departments and other organs of state and service providers on an application or appeal, includes objections, representations and petitions;"consolidation" in relation to land, means the merging of two or more adjacent land units into a single land unit, and includes the physical preparation of land for consolidation;"Council" means the municipal council of Swartland Municipality;"date of notification" means the date on which a notice is served as contemplated in section 45 or published in the media or Provincial Gazette;"development charge" means a development charge contemplated in section 93 as levied by the municipality;"emergency" includes a situation that arises from a flood, strong wind, severe rainstorm, fire, earthquake or industrial accident and that requires the relocation of human settlements;"external engineering service" means an engineering service outside the boundaries of a land area referred to in an application and that is necessary for the utilisation and development of the land;"Land Use Planning Act" means the Western Cape Land Use Planning Act, 2014 (Act 3 of 2014);"local spatial development framework" means a local spatial development framework contemplated in section 9;"Municipal Manager" means a person appointed in terms of section 54A of the Local Government: Municipal System Act, (Act 32 of 2000);"municipal spatial development framework" means a municipal spatial development framework adopted by the municipality in terms of Chapter 5 of the Municipal Systems Act;"municipality" means the municipality of Swartland established in terms of section 12 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), and includes—(a)the Council;(b)another political structure or a political office bearer of the municipality, authorised or delegated to perform a function or exercise a power in terms of this By-Law;(c)the Tribunal authorised or delegated to perform a function or exercise a power in terms of this By-Law;(d)the municipal manager; and(e)an authorised employee."non-conforming use" means an existing land use that was lawful in terms of a previous zoning scheme but that does not comply with the zoning scheme in force;"occasional use", in relation to departure, means a right to utilise land for a purpose granted on a temporary basis for a specific occasion or event;"overlay zone" means a category of zoning that applies to land or a land unit in addition to the base zoning and that—(a)stipulates additional development parameters or use rights that may be more or less restrictive than the base zoning; and(b)may include provisions and development parameters relating to—(i)primary or consent uses;(ii)base zoning;(iii)subdivision or sub divisional areas;(iv)development incentives;(v)density limitations;(vi)urban form or urban renewal;(vii)heritage or environmental protection;(viii)management of the urban edge;(ix)scenic drives or local areas;(x)coastal setbacks (where coastlines are involved); or(xi)any other purpose as set out in the zoning scheme;"owners" association" means an owners’ association contemplated in section 39;"pre-application consultation" means a consultation contemplated in section 47;"restrictive condition" means any condition registered against the title deed of land restricting the use, development or subdivision of the land concerned:"service" means a service provided by the municipality, any other organ of state or a service provider, including services for the provision of water, sewerage, electricity, refuse removal, roads, storm-water drainage, and includes infrastructure, systems and processes related to the service;"site development plan" means a dimensioned plan drawn to scale that indicates details of the proposed land development, including the site layout, positioning of buildings and structures, property access, building designs and landscaping;"social infrastructure" means community facilities, services and networks that meet social needs and enhance community well-being;"Spatial Planning and Land Use Management Act" means the 2013. Spatial Planning and Land Use Management Act, 2013 (Act 16 of 2013);"Spatial Planning and Land Use Management Regulations" means the Spatial Planning and Land Use Management 2015 Regulations: Land Use Management and General Matters, made under the Spatial Planning and Land Use Management Act published under Notice R239/2015 in Government Gazette 38594. of 23 March 2015;"sub divisional area" means an overlay zone that permits subdivision for the purposes of a subdivision application involving a change of zoning;"Tribunal" means the Municipal Planning Tribunal established in terms of section 80;"zoning" includes base zoning and overlay zoning;"Zoning scheme" means the Zoning Scheme referred to in Schedule 2;2. Application of by-law
This by-law applies to all land situated within the municipal area, including land owned by organs of state.Chapter II
SPATIAL PLANNING
3. Compilation or amendment of municipal spatial development framework
4. Establishment of project committee
5. Establishment of intergovernmental steering committee
If the Council establishes an intergovernmental steering committee, the municipality must, in writing, invite written nominations for representatives to serve on the intergovernmental steering committee from the following persons or organs of state—(a)the head of the provincial department responsible for land use planning;(b)the head of the provincial department responsible for environmental affairs; and(c)other relevant organs of state.6. Procedure with intergovernmental steering committee
7. Procedure without intergovernmental steering committee
8. Functions and duties
9. Local spatial development frameworks
10. Compilation, adoption, amendment or review of local spatial development frameworks
11. Status of local spatial development frameworks
12. Structure plans
Chapter III
ZONING SCHEME, USE ZONES, USES AND ZONINGS
13. Application of zoning scheme
The zoning scheme applies to the entire Swartland municipal area and forms an integral part of this by-law.14. Purpose of zoning scheme
The purpose of the zoning scheme includes—(a)giving effect to the municipal spatial development framework;(b)making provision for orderly development and the welfare of the community;(c)the regulation of use rights and control of the use of land;(d)the 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;(e)facilitation of efficient, economic and sustainable use of land;(f)protection of areas with an environment which could be substantially adversely affected by development;(g)other purposes prescribed by national or provincial legislation; and(h)determination of use rights and development parameters, with due consideration of the principles referred to in Chapter VI - of the Land Use Planning Act.15. Components of zoning scheme
The zoning scheme consists of the following components—(a)this by-law;(b)the zoning map; and(c)the register.16. Use zones
17. Zoning map
18. Preparation and approval of new zoning map
19. Rectification of errors on zoning map
20. Zoning scheme register
The municipality—(a)must record all departures, consent uses or other permissions granted and non-conforming uses in the register;(b)may keep the register from the date of commencement of the zoning scheme in an electronic format; and(c)must make the register available to members of the public for viewing.21. Status of zoning map and exemption of the municipality from liability for an error
22. Zoning versus ownership
Chapter IV
DEVELOPMENT MANAGEMENT
23. Determination of zoning
24. Non-conforming uses
25. Land development requiring approval
26. Continuation of application after change of ownership
If land that is the subject of an application 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 is regarded as the applicant for the purposes of this by-law.27. Rezoning of land
28. Departures
29. Consent uses
30. Subdivision
31. Confirmation of subdivision
32. Lapsing of subdivision
33. Amendment or cancellation of subdivision plan
34. Exemption of certain subdivisions and consolidations
35. Ownership of public places and land for engineering services and social facilities
36. Closure of public places
37. Services arising from subdivision
Subsequent to the approval of an application for subdivision in terms of this by-law, the owner of any land unit originating from the subdivision must—(a)allow without compensation that the following be conveyed across his or her land unit in respect of other land units originating from the subdivision—(i)gas mains;(ii)electricity cables;(iii)telephone cables;(iv)television cables;(v)other electronic infrastructure;(vi)main and other water pipes;(vii)foul sewers;(viii)storm-water pipes; and(ix)ditches and channels;(b)allow the following on his or her land unit if considered necessary and in the manner and position as may be reasonably required by the municipality—(i)surface installations such as mini-substations;(ii)meter kiosks; and(iii)service pillars;(c)allow access to the land unit at any reasonable time for the purpose of constructing, altering, removing or inspecting any works referred to in paragraph (a) or (b); and(d)receive material or permit excavation on the land unit as may be required to allow use of the full width of an abutting street and to provide a safe and proper slope to its bank where necessitated by differences between the level of the street as finally constructed and the level of the land unit unless he or she elects to build retaining walls to the satisfaction of and within a period to be determined by the municipality.38. Certification by municipality
39. Owners’ associations
40. Owners’ associations that cease to function
41. Consolidation of land units
42. Lapsing of consolidation
43. Removal, suspension or amendment of restrictive conditions
44. Endorsements in connection with removal, suspension or amendment of restrictive conditions
Chapter V
APPLICATION PROCEDURES
45. Manner and date of notification
46. Procedures for applications
47. Pre-application consultation
48. Information required
49. Application fees
50. Grounds for refusing to accept application
The municipality may refuse to accept an application if—(a)there is no proof of payment of the applicable fees; or(b)the application is not in the form or does not contain the information or documents referred to in section 48.51. Receipt of application and commencement of application process
52. Provision of additional information or documents
53. Withdrawal of application or power of attorney
54. Public notice in accordance with other laws and integrated procedures
55. Publication of notices
56. Serving of notices
57. Contents of notice
When notice of an application must be published or served in terms of this by-law, the notice must—(a)provide the name and contact details of the applicant and the owner;(b)identify the land or land unit to which the application relates by giving the property description and the physical address;(c)state the intent and purpose of the application;(d)state that a copy of the application and supporting documentation will be available for viewing during the hours and at the place mentioned in the notice;(e)state the name and contact details of the person to whom comments must be addressed;(f)invite members of the public to submit written comments, together with the reasons therefor, in respect of the application;(g)state in which manner comments may be submitted;(h)state the date by which the comments must be submitted, which date may not be less than 30 days from the date on which the notice was given; and(i)state that any person who cannot write may during office hours come to an address stated in the notice where a named staff member of the municipality will assist those persons by transcribing their comments.58. Other methods of public notice
59. Requirements for petitions
60. Requirements for the submission of comments
61. Intergovernmental participation process
62. Amendments before approval
63. Further public notice
64. Liability for cost of notice
The applicant is liable for the costs of publishing and serving notice of an application in terms of sections 54, 55, 56, 58, 62 or 63.65. Right of applicant to reply
66. Written assessment of application
67. Decision-making period
68. Failure to act within period
Subject to sections 51(5), an applicant may lodge an appeal with the Appeal Authority if the authorised employee or the Tribunal fails to decide on an application within the period referred to in section 67(1) or (2).69. Powers to conduct routine inspections
70. Decisions on applications
An employee authorised by virtue of section 79, or the Tribunal, as the case may be, may in respect of an application contemplated in section 25(2)—(a)approve, in whole or in part, or refuse that application;(b)upon the approval of that application, impose conditions in terms of section 76;(c)conduct any necessary inspection to assess an application in terms of section 69;(d)in the case of the Tribunal, appoint a technical adviser to advise or assist in the performance of the Tribunal’s functions in terms of this by-law.71. Notification and coming into operation of decision
72. Duties of agent
73. Errors and omissions
74. Exemptions to facilitate expedited procedures
Chapter VI
CRITERIA FOR DECISION-MAKING
75. General criteria for consideration of applications
76. Conditions of approval
Chapter VII
EXTENSION OF VALIDITY PERIOD OF APPROVALS
77. Applications for extension of validity period
Chapter VIII
MUNICIPAL PLANNING DECISION-MAKING STRUCTURES
78. Municipal planning decision-making structures
Applications are decided by—(a)an authorised employee who has been authorised by the municipality to consider and determine the applications contemplated in subsection 79(1);(b)the Tribunal, where the powers and duties to consider and determine an application have not been delegated to an authorised employee contemplated in section 79(2); or(c)the Appeal Authority where an appeal has been lodged against a decision of the authorised employee or the Tribunal.79. Consideration of applications
80. Establishment of tribunal
81. Composition of tribunal for municipal area
82. Process for appointment of members for tribunal for municipal area
83. Term of office and conditions of service of members of tribunal for municipal area
84. Disqualification from membership of tribunal
85. Meetings of tribunal for municipal area
86. Code of conduct for members of tribunal for municipal area
87. Administrator for tribunal for municipal area
88. Functioning of tribunal for municipal area
89. Appeals
90. Procedure for appeal
91. Consideration by appeal authority
Chapter IX
PROVISION OF ENGINEERING SERVICES
92. Responsibility for provision of engineering services
93. Development charges
94. Land for parks, open spaces, parking and other uses
Chapter X
ENFORCEMENT
95. Enforcement
96. Offences and penalties
97. Serving of compliance notices
98. Contents of compliance notice
99. Objections to compliance notice
100. Failure to comply with compliance notice
If a person fails to comply with a compliance notice, the municipality may—(a)lay a criminal charge against the person;(b)apply to the High Court for an order—(i)restraining that person from continuing the unlawful utilisation of the land;(ii)directing that person to, without the payment of compensation—(aa)demolish, remove or alter any building, structure or work unlawfully erected or constructed; or(bb)rehabilitate the land concerned;(c)in the case of consent use or a temporary departure, withdraw the approval granted and act in terms of section 97.101. Compliance certificates
102. Urgent matters
103. General powers and functions of authorised employees
104. Powers of entry, search and seizure
105. Warrant of entry for enforcement purposes
106. Regard to decency and order
The entry upon land or premises or in a building under this Chapter must be conducted with strict regard to decency and order, which must include regard to—(a)a person’s right to respect for and protection of his or her dignity;(b)the right to freedom and security of the person; and(c)a person’s right to personal privacy.107. Enforcement litigation
Whether or not the municipality lays criminal charges against a person for an offence contemplated in section 96, and despite section 97, the municipality may apply to a competent court for an interdict or any other appropriate order, including an order compelling that person to—(a)demolish, remove or alter any building, structure or work unlawfully erected or constructed;(b)rehabilitate the land concerned; or(c)cease the unlawful utilisation of land.Chapter XI
GENERAL PROVISIONS
108. Naming and numbering of streets
109. Repeal and replacement
110. Short title and commencement
This by-law is called the Swartland Municipality: Municipal Land Use Planning By-law and comes into operation on the date of publication thereof in the Provincial Gazette.Schedule 2
SWARTLAND MUNICIPALITY ZONING SCHEME
1. Definitions
In this Zoning Scheme, unless the context indicates otherwise:A
"abattoir", means a place where animals including poultry or sea animals, are slaughtered and prepared for distribution to butcheries and food markets;"access gate ", means a prominent access to or exit from an urban area or a specific part of an urban area which features man- made or natural characteristics and creates a strong feeling of arrival or departure;"access steps and porches", means access steps and porches for a building, including low walls and railings, if such steps and porches are not located within the retaining walls of the building;"activity corridor", means an area of generally higher intensity urban use or land suitable for intensification, parallel to and on both sides of an activity spine, and includes any higher order transport routes such as railway lines and through roads;"activity spine", means a public street, incorporating an existing or planned public transport route, and adjacent land used or intended for mixed use development;"additional dwelling unit", means a dwelling unit that may be erected on an agricultural land unit where a permitted dwelling house has first been erected, in a zone where ’additional dwelling unit’ is a consent use, provided that:(i)the additional dwelling unit shall be erected on the same cadastral unit as the dwelling house that has first been erected;(ii)the additional dwelling unit shall comply with the other relevant requirements specified in this Zoning Scheme;(iii)the additional dwelling unit must have a lesser floor area than the dwelling house that has first been erected;(iv)in the Agricultural Zone 1, a maximum of one additional dwelling unit can be permitted if the extent of the cadastral unit does not exceed 10 ha, or if it does exceed 10 ha, then a maximum of 2, 3, 4 or 5 additional dwelling units will be permitted if the extent of the cadastral unit exceeds 10, 20, 30 or 40 ha respectively;"adult entertainment enterprise", means an establishment where films, photographs, books or magazines are hired or sold for payment, or where pornographic live performances occur for payment with the focus on the display or description of pornographic or erotic sexual activities or human genitals and includes an escort agency and a massage parlour, except a massage enterprise where massaging for medical or sport purposes is practised by a registered medical practitioner or similar professional person;"advertise", with regard to a matter in terms of this Zoning Scheme, means to serve a notice to each owner of land having an interest in the matter in the opinion of the municipal manager and whose address he knows or is able to obtain and, if the said municipal manager so decides, to publish a notice in the Provincial Gazette and in the press wherein:(i)the location where and the hours during which particulars of the matter will be available for inspection, are indicated, and(ii)it is mentioned that objections may be lodged with a person as indicated before a date which is also indicated, at a time which is at least 21 days after the date on which the notice is so served or published,and "advertisement" unless otherwise indicated has a corresponding meaning;"advertisement", when used in the context of outdoor advertising, means any visible representation of a word, name, letter, figure or object or an abbreviation of a word or name of any sign or symbol, or light which is not intended solely for illumination or warning against danger;"advertisement structure", means any physical structure constructed to display an advertisement;"Advertising on Roads and Ribbon Development Act", means the Advertising on Roads and Ribbon Development Act, 1940 (Act 21 of 1940);"agriculture", means the cultivation of land for crops and other plants, or the keeping and breeding of animals, including sea animals, including oysters and abalone, or the operation of a game farm, including use on an intensive basis of the natural veld or land, and includes only such activities and buildings (including those for accommodation), as are reasonably connected with the main farming activities, but excludes an agricultural industry;"agricultural industry", means a business or an enterprise for the treatment and processing of agricultural products on or separate from the farm unit where those agricultural products are grown, due to the nature, perishability or fragility of such agricultural products, and includes, inter alia, wineries and farm packing stores, but does not include service trades;"agri-village", means a private settlement of restricted size, established and managed as a lawful enterprise in a rural area and where tenure is restricted to bona fide rural workers from the farms and forestry or conservation areas in the vicinity and their dependants, and which represents a partnership between land owners, labour and the state;"air rights" or "underground rights", means rights to development, of a defined space above or below a public street, railway line or land area utilised by another mode of transport usage, for specific purposes;"animal hospital", means a place where animals are treated and cared for, and ‘animal clinic’ has the same meaning;"antenna", means any system of wires, poles, rods, reflective surfaces, satellite dish, TV antenna or similar devices, used to transmit or receive electronic communication signals or electro-magnetic waves;"appeal", means an application to the competent authority for review of a decision made;"aquaculture", means the cultivation of water fauna and flora in artificially constructed dams including nets and containers in natural ponds and streams;"area of control", when used in the context of outdoor advertisement, means an area where advertising control must be applied, such as maximum, partial or minimum control, in accordance with the visual sensitivity of the area and the traffic safety conditions;"associated", when used in the context of an associated use or purpose, means a use, purpose, building or activity which is ancillary and subservient to the lawful dominant use of the land, and "associate" has the same meaning;"atrium", means a covered courtyard comprising a void within a building that extends for one storey or more in height, but does not contain floors that penetrate into the void; an atrium contains a floor and a roof or ceiling;"authority usage", means a use which is practised by or on behalf of a public authority and the characteristics of which are such that it cannot be classified or defined under the other uses of this Zoning Scheme, and includes a use practised by:(i)the State, such as military training centres and installations, police stations, correctional institutions or jails;(ii)the Provincial Government, such as road stations or road camps;(iii)the municipality, such as fire services, waste water treatment works, waste control sites, reservoirs, composting installations or water purification works or a municipal office with related uses such as accommodation for staff who are required to be on standby for emergencies, or(iv)a public utility, such as a telecommunication facility;"average depth", in relation to a land unit, means:(i)the average perpendicular distance between a public street or road and the points at which the side boundaries meet the rear boundary, or(ii)in the case of a corner site, the average perpendicular distance between the public street or road and the point at which the side boundaries meet, or(iii)in the case of a panhandle site or a very irregular shaped land unit, the average depth as determined by the municipality;"average width", in relation to a land, unit means:(i)the average of the length of the street boundary and the rear boundary, or(ii)in the case of a corner site, the average of the length of the shortest street boundary or the opposite side boundary, or(iii)in the case of a panhandle site or a very irregular shaped land unit, the average width as determined by the municipality;B
"balcony", means a floor projecting outside a building at a level higher than that of the ground floor, enclosed only by low walls, railings or by main containing walls of rooms abutting such projecting floor, and includes a roof, if any, over such a floor and pillars supporting the roof;"basement", means part of a building of where the finished floor level is at least 2m below natural ground level, or the ceiling not more than 1m above, a height halfway between the highest and lowest natural ground level immediately contiguous to the building;"base zone", means that zone which determines the basic land use and land use provisions for land in terms of this Zoning Scheme, before the application of any overlay zone;"bed and breakfast establishment", means a dwelling house or second dwelling unit in which the occupant of the dwelling unit provides lodging and meals for compensation to transient guests who have permanent residence elsewhere, provided that:(i)the dominant use of the dwelling unit concerned shall remain for the living accommodation of a single family, and(ii)the land unit complies with the provisions pertaining to a bed and breakfast establishment;"billboard", means any screen or board bigger than 4,5m2 supported by a freestanding structure, which is to be used or is intended to be used for the purpose of posting, displaying or exhibiting an advertisement, which is also commonly known as an advertising board, whose main function is to advertise non-locality bound products, activities or services;"bioregion", means a geographical area that contains an entire ecosystem or several established ecosystems characterised by particular land-forms, vegetative cover, human culture and history;"biosphere reserve", means areas of land, coastal or marine ecosystems or a combination thereof, which are internationally recognised within the framework of the Man and Biosphere Programme of the United Nations Educational, Scientific and Cultural Organisation (UNESCO);"boarding house", means a building, where lodging is provided with or without meals, together with the outbuildings as are normally used therewith, and includes an old age home, a building in which rooms are rented for residential purposes and a residential club, but does not include a dwelling house, group housing, a double dwelling house, an institution, a place of instruction, a hotel, a bed and breakfast establishment or flats;"boat launching facility", means land used to launch boats into the water and to retrieve boats from the water and includes a boat ramp and slip-way;"bottle store", means premises where alcoholic drinks are sold primarily in the retail trade on an off-sales basis, and includes an off-sales facility which is under the same management as a licensed hotel;"boundary", in relation to a land unit, means one of the cadastral lines separating such unit from another land unit or from a public street or road;"builder’s yard", means premises used for the storage of material and equipment which:(i)is required or is normally used for construction work;(ii)was obtained from demolition of structures or from excavations of land, or(iii)is necessary for or is normally used in land improvements, such as storage of material used for building roads, for the installation of essential services, or for any other construction work (e.g. of sand or bricks), whether for public or private purposes;"building", without in any way limiting its ordinary meaning, includes:(i)any roofed structure;(ii)any external stairs, steps or landings of a building and any gallery, canopy, balcony, stoep, veranda, porch or similar feature of a building;(iii)any walls or railings enclosing any feature referred to in (ii),and(iv)any other portion of a building;"building line", means an imaginary line on a land unit, which defines a distance from a specified boundary, within which the erection of buildings or structures (excluding a boundary fence) are completely or partially prohibited;"business premises", means a building or land from which business is conducted, and includes a shop, supermarket, restaurant, office, financial institution and buildings for similar uses, but does not include a place of assembly, place of entertainment, institution, service station, motor repair garage, industry, industrial hive, noxious trade, risk activity, adult entertainment enterprise or bottle store;C
"cadastral line", means a line representing the official boundary of a land unit as registered in the Deeds Office or as a record on a diagram or general plan approved by the Surveyor General;"camping site", means land on which tents and caravans are utilised as accommodation for visitors, and includes ablution, cooking area, barbeque and other facilities for the use of such visitors;"caravan", means a vehicle which has been well equipped for use by persons for living or sleeping purposes, regardless of whether such vehicle is a trailer or not and which can be readily moved;"caravan park", means a land unit or part thereof where tents or caravans for short-term holiday accommodation have been planned for and can be accommodated, and includes ablution, cooking and other facilities for the occupants of the caravans;"carriageway crossing", means a motor vehicle entrance or exit way, or a combined entrance and exit way, from a land unit to a public road;"carport", means a roofed structure, for the housing of motor vehicles, which is open at the entrance and on at least one other side;"car wash", means a building or structure equipped for the purpose of washing motor vehicles;"cellular telecommunication infrastructure", means, but is not limited to, one of the following:(i)an antenna support structure including any solid or lattice structure, mast pole, monopole, anchor tower, lattice tower, freestanding tower or any structure designed and primarily used to support the antenna;(ii)antenna structures including any system for wires, poles, rods or similar devices used for the transmission or reception of electromagnetic waves, attached to a building or mast, and includes cabling between the equipment room and the antenna;(iii)a base station site including the land, antenna support structures, and all associated infrastructure such as the antenna, microwave dish, equipment room and access road;(iv)an equipment room including a structure to house cellular telecommunication equipment associated with an antenna support structure and/or antenna, which may be a separate building used exclusively for the equipment or may be a container, room or multiple rooms within a building with another specific use, or(v)microwave dishes including any device incorporating a reflective surface that is solid, open mesh, or bar configured in the shape of a shallow dish, cone, horn or something similar, and is used to transmit and/or receive electromagnetic waves;"cemetery", means a place where the dead are buried and may include buildings that are necessary for the religious, administrative and clerical uses associated therewith, but does not include a crematorium;"clinic", means an institution where patients are given medical treatment or medical-related advice, and may include a medical centre, an outpatients’ centre or a wellness centre with associated uses, provided that a clinic does not contain live-in facilities for more than twenty persons, including staff and patients;"commencement date", means the date of commencement of this Zoning Scheme;"commercial antenna", means a facility, incorporating a high mast, for the transmission and/or receiving of electromagnetic waves, and includes a television station, a radio station and a cellular communication tower;"commercial pet kennel", means kennel services for dogs, cats and similar animals, and includes commercial breeding or boarding kennels, pet motels and training centres;"common boundary", in relation to a land unit, means a common boundary with an adjoining land unit and does not include a street boundary;"composting", the creation and sale of fertiliser that is allowed to form out of the storing and special treatment of organic residue;"conference facility", means a place of gathering, which also supplies meals, and which normally is an additional activity to a primary function such as a hotel, guest house or restaurant, and where the building restrictions will be those of the primary function, except that additional parking may be required;"consent", means special permission granted by the municipality, after due consideration of the relevant facts and after a reasonable and lawful process has been followed, in terms of which a specific type of land use or activity is permitted, in addition to the primary use rights applicable to the land concerned;"consent use", means an additional use right or a variation of a development management provision that is permitted in terms of the provisions in a particular zone, only with the consent of the municipality;"conservational usage", means the use and/or maintenance of land in its natural state with the purpose of conserving the biophysical properties of the land, including the flora and fauna occurring on the land;"conservation worthy", means a protected tree listed under section 12 of the National Forest Act, 1998 (Act 84 of 1998), i.e. a tree taller than 6m, and a tree with a trunk circumference of more than 1,5m measured 1m from the ground, and that was not declared an invader plant within the Western Cape under section 2(3) of the Conservation of Agricultural Resources Act, 1983 (Act 43 of 1983);"correctional institution", means a building where children are housed and trained on instruction by a court of law, and includes a reformatory, place of detention or industrial school, but does not include a jail;"coverage ", means the total area of a land unit that may be covered by buildings, expressed as a percentage of the net area of such land unit, and shall include:(a)walls and buildings;(b)solid roofs;(c)stairs, steps, landings (except entrance landings and steps), galleries, passages and similar features, whether internal or external, and(d)canopies, verandas, porches, balconies, terraces and similar features, provided that the following portions of buildings shall be disregarded in the calculation of coverage:(i)stoeps, entrance steps and landings;(ii)cornices, chimney breasts, pergolas, flower boxes, water pipes, drain pipes and minor decorative features not projecting more than 500mm from the wall of the building;(iii)eaves not projecting more than 1m from the wall of a building, and(iv)a basement, provided that the basement ceiling does not project above the finished ground level;"crèche", means a facility for the day care of young children in the absence of their parents, and may provide care for more children than are permitted at a day care centre;"crematorium", means a building where the dead are reduced to ash through a process known as ‘cremation’, and includes facilities for associated religious and administrative functions;"current use", means the use as determined by the municipality in terms of applicable legislation or that which is practised actually and lawfully on land or in a structure or building or part thereof in the opinion of the municipality, and ‘existing building’ has the same meaning;D
"day care centre", means the use of a portion of a dwelling house or outbuildings by the occupant to provide day care, pre-school, play group or after school care services for children provided that:(i)no more than 20 children shall be registered at a time, or be present on the land unit concerned at any time;(ii)the service must primarily be of a day care and educational nature and may not be medical;(iii)the service may not operate outside the hours of 06h00 to 18h00, and(iv)the dominant use of the dwelling house shall remain for the living accommodation purposes of a single family; provided that a child care service for 5 or less children may be regarded as an occupational practice, and a child care service for more than 20 children shall be regarded as a crèche or place of instruction;"dBA", means the physical unit used to describe noise level, that is, the A-weighted sound pressure level measured in decibels. The term ‘dBA’ is therefor an abbreviation of the term ‘decibel. ‘A’ frequency weighting is an adjustment made to sound- level measurement to accommodate the response of the human ear. This shall be measured in accordance with accepted scientific principles, as prescribed in the Noise Control Regulations in the Provincial Government of the Western Cape P.N. 627/1998 Noise Control Regulations, as amended, promulgated in terms of ECA;"department head", means the head of the department, or the person, that is charged with the administration of this Zoning Scheme Regulations;"departure use", means the use of land that was considered legal before the date of commencement, but does not comply to the utilisation of land use provisions put forward in this Zoning Scheme and remains a legal use as long as changes requiring building plan approval are not made;"develop", in relation to land, means to prepare or develop land for occupation or use, whether by filling, drainage or levelling of areas; the removal of vegetation, the installation of engineering services, the subdivision of land or the erection, alteration or extension of buildings or structures on land, and "development" has a corresponding meaning in relation to land;"development framework" means a plan or written strategy approved by the municipality and, if applicable, the Provincial Government;"development management provisions", means measures, limitations, provisions or requirements that determine to which degree use or development of land will be permitted;"display", in relation to a sign, includes, without in any way limiting its ordinary meaning, the erection of any structure for support of such sign;"district distributor road", means a public road or street declared by the municipality to be a district distributor road on the basis that it functions as an important distributor of traffic in an area or district;"disturbing noise", means the ambient noise level which exceeds the sound level of a zone concerned or, if no zone level has been determined, a noise level which exceeds the sound level of the environment at the same point of measurement by 7 dBA or more, provided that the determination of the sound level of the environment shall be done in accordance with Noise Control Regulations promulgated in terms of NEMA;"dominant use", means the predominant or major use of land, and may consist of the primary or consent uses permitted on the land;"double storey", means a storey above the ground floor. ‘First storey’ has a similar meaning;"double dwelling house", means a building erected for residential purposes that is designed as a single architectural entity containing two dwelling units on one land unit;"dwelling house", means a building containing only one dwelling unit;"dwelling unit ", means a self-contained inter-leading group of rooms with not more than one kitchen, used for the living accommodation and housing of a single family, together with such outbuildings as are ordinarily used therewith;E
"eave", means a part of a roof projecting from the facade of a building and includes gutters;"ECA", means the Environment Conservation Act, 1989 (Act 73 of 1989);"ecosystem", means a self-sustaining and self-regulating community of organisms and the interaction between such organisms with one another and their environment;"encroachment agreement", means an agreement between an owner and the municipality relating to the projection of portions of a building or structure from the owner’s land unit onto or over the municipality’s property;"engineering services", means infrastructure for the provision of water and electricity, sewerage infrastructure, storm water disposal infrastructure, streets, roads and pedestrian walkways, including all related services and equipment;"entrance steps and landings", means steps and landings of a building, including any low walls and railings, if such steps and landings are not within the main containing walls of the building;"environment", means the objects, conditions and influences in the direct environment put together, which affect the life and habits of persons or of any other organisms or collection of organisms;"environmental impact assessment", means a report concerning the impact on the environment of specified activities, and which shall comply with requirements laid down by NEMA;"environmental management plan", a business plan that establishes and coordinates mitigation, rehabilitation and monitoring measures for the monitoring of the implementation of a proposal and for the monitoring of maintenance after implementation;"erection", in relation to a building or structure includes:(i)the building of a new building or structure;(ii)the alteration or conversion, or addition to, a building or structure, and(iii)the re-erection of a building or structure which has completely or partially been demolished, and ‘erect’ has a corresponding meaning;"equipment room", means a building to accommodate communication equipment associated with telecommunication infrastructure which can be a separate building used exclusively for the equipment or it can be a container, or a room within a building;"erf", means the same as ‘land unit’;"exhibition centre", means a premises where displays, social functions, markets as well as training can take place and includes associated facilities and amenities as well as infrastructure including parking;F
"family", means:(i)a single person maintaining an independent household, or(ii)two or more persons directly related by blood or marriage maintaining a common household, or(iii)no more than five unrelated persons maintaining a common household;"farm shop", means a building, located on a farm, which does not exceed 500m² in floor space, including storage facilities, where the farmer sells goods, whether to his employees or to the general public and can include a restaurant;"first storey", means the storey above the ground floor and has the same meaning as ‘double storey’;"farm stall", means a building, located on a farm, which does not exceed 100m² in floor space, including storage facilities, where a farmer sells products produced and processed on his farm, whether to his employees or to the general public;"flats", means a building of more than one storey containing three or more dwelling units as living accommodation for persons, where one or more dwelling units do not have a ground floor, together with such outbuildings as are ordinarily associated therewith. This excludes double dwelling houses or group houses, provided that in those zones where flats are permissible, one dwelling unit shall be permissible without the consent of the municipality, in a building approved for other purposes than for flats;"flood", means a general and temporary condition of partial or complete inundation of land areas from the overflow of a body of water;"flood level", means the level of floodwater that on average occurs every 100 years (also called a 1 in 100 years flood), and means the same as ‘base flood’;"floodway", means the channel, river or other watercourse and adjacent land areas that must be kept free of structures and other obstructions, for the base flood to be discharged without the water surface elevation being increased;"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 the maximum floor space of a building or buildings permissible on a land unit, and which is the floor space divided by the nett erf area of the land unit, so that the maximum permissible floor space can be calculated by multiplication of the floor factor with the net erf area;"floor space ", in relation to a building, means the area of a floor which is covered by a concrete slab, roof or projection, provided that:(i)any area, including a basement, which is reserved solely for parking or loading of vehicles, shall be excluded;(ii)external entrance steps and landings, any stoep and any area required for external fire escapes, shall be excluded;(iii)a projection including a projection of eaves, and a projection which acts as a sunscreen or an architectural feature, whose projection does not exceed 1m beyond the exterior wall or similar support, shall be excluded;(iv)any uncovered internal courtyard, lightwell or other uncovered shaft which has an area in excess of 10m², shall be excluded;(v)any arcade, with a minimum width of 2m, which provides access through the building concerned from public parking, a public street or open space, to a separate public parking area, public street or open space, and which at all times is open to the public, as well as any covered walkway, the roof of which allows light to pass through, shall be excluded;(vi)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, shall be excluded;(vii)subject to (viii) below, any balconies, terraces, stairs, stairwells, verandas, common entrances and common passages covered by a roof shall be excluded, and(viii)any stairwells, liftwells or other entrance areas or atriums, in the case of multi-storey buildings, shall only be counted once, provided further that floor space shall be measured from the outer face of the exterior walls or similar supports of such buildings. Where the buildings consist of more than one storey, the total floor space shall be the sum of the floor space of all the storey’s, including that of basements;"floor space ratio", means the same as ‘floor factor’;"food processing", means the manufacturing of food products through the processing of agronomic and stock farming products as well as of already-existing food;"four-by-four track (4x4 track)", means a series of roads, tracks and routes, designed for use by off-road vehicles as a recreation or adventure facility, and includes buildings normally required for the administration and maintenance thereof, but does not include holiday accommodation or tourist facilities;"frail care facility", means a facility that provides short and long term care for people with chronic illnesses and disabilities with the aim of improving the quality of life of patients and their families facing problems associated with life threatening illness, through the prevention and relief of suffering and includes treatment of elderly people, people suffering from diabetes, cardiovascular disease, stroke, accident victims, HIV/AIDS and other;"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, and bears the same meaning as ‘transmission tower’;"funeral parlour", means a premises where the dead are prepared to be buried or cremated and includes facilities for associated activities, administration and religious functions;G
"gambling facility", means a premises for gambling by gaming or wagering, and where there is the opportunity to receive a monetary reward;"garage", means a building used for the storage of motor vehicles, but does not include a motor repair garage or service station;"grade line", means an imaginary line connecting the highest and the lowest natural levels of ground immediately contiguous to a building;"greenhouse", means a structure with the sides primarily made of a transparent material such as glass, Perspex or plastic, for the purpose of growing delicate plants or hastening growing of plants under controlled environmental conditions;"gross density", means a measure of the number of dwelling units in a specified area, and is calculated, for the purposes of this Zoning Scheme, as follows:
"gross leasable area", means the total floor space designed for, or capable of, occupation and control by tenants, measured from the centre line of the joint partitions to the inside finished surface of the outside walls, but shall exclude toilets, lift shafts, service ducts, vertical penetrations of floors, interior parking and loading bays;"gross parking space", means an area which incorporates one parking bay plus circulation and landscaping space for one parking bay;"ground floor", means the lowest floor of a building which is not a basement."ground level", means the same as "natural ground level";"ground storey", means the lowest storey of a building, the base of which is the ground floor, but which is not a basement;"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 planned, designed and built as a harmonious architectural entity and arranged around or inside a communal open space in a varied and ordered way and where every dwelling unit has a ground floor, and of which the dwelling units may be cadastral subdivided;"group housing site", means one or more land units with a minimum size of 1 000m2 on which a group housing scheme or retirement village may be erected;"guest house", means a dwelling house that is used for the purpose of letting individual rooms for residential accommodation, with or without meals, and which exceeds the restrictions of a bed and breakfast establishment, provided that:(i)the dwelling house is retained in a form which can easily be re-used by a family as a single dwelling house, and(ii)all amenities and provision of meals shall be for the sole benefit of bona fide lodgers;H
"health care facility", means a building used for the care of people in a medical, social or social welfare facility, or for the administration thereof, and includes a hospital, clinic or home for the aged, indigent or physically handicapped, but does not include a correctional institution or jail;"height, of a building", means a vertical dimension of the building from the grade-line to the highest point of the building measured in metres or in number of storey’s, provided that:(i)the height restriction which refers to storey’s does not apply to roofs, domes, chimneys, flues, masts and antennae, and(ii)elevator or escalator motor rooms, satellite dishes, ventilation shafts, water tanks, air conditioning plant and equipment on the roof of a building, shall be deemed to constitute a storey, unless it is enclosed within the roof or hidden behind parapet walls not exceeding 2m in height, in which case they shall be deemed to form part of the top storey;"heritage conservation area", means an area designated for this purpose by the municipality, in terms of this Zoning Scheme;"Heritage Resources Act", means the National Heritage Resources Act,1999 (Act 25 of 1999);"high water mark", means the high water mark as defined in the National Environmental Management: Integrated Coastal Management Act, 2008 (Act 24 of 2008);"hillside area", means an area which has a slope of 1 in 5 or greater;"holiday accommodation", means a harmoniously designed and built holiday development, used for holiday and recreational purposes, whether in private or public ownership, which:(i)consists of a single enterprise in which accommodation is supplied by means of short term rental or time sharing only;(ii)may include ancillary staff accommodation and the provision of camping sites;(iii)may include a restaurant and indoor and outdoor recreation facilities, and(iv)does not include a hotel or motel;"holiday housing", means a harmoniously designed and built holiday or recreational development with an informally grouped layout which may include the provision of a camping site and land for mobile homes or dwelling units and which may be separately alienated by means of timeshare, sectional title division, the selling of block shares or cadastral subdivision;"horticulture", means the cultivation of plants and fungi on an intensive scale, including the cultivation of plants and fungi under one roof or in a greenhouse, and also refers to the sale of self-cultivated plants and fungi on a land unit;"home occupation", means the practicing of an occupation or trade, or the conducting of an enterprise from a dwelling unit by one or more occupants of the dwelling unit and his or their assistants, provided that the dominant use of the dwelling unit concerned shall remain for the living accommodation of a single family, and the provisions pertaining to home occupation in this Zoning Scheme are adhered to;"hospital", means a facility designed as an integrated complex for the diagnosis, care and treatment of human illness, and includes live-in facilities for patients, nurses and staff;"hotel", means premises used as a temporary residence for transient guests, where lodging and meals are provided, and may include associated conference and entertainment facilities that are subservient and ancillary to the dominant use which is for hotel purposes, as well as premises which are licensed to sell liquor for consumption on the premises, but does not include an off-sales facility;"house tavern", means premises for the conducting of an enterprise from a dwelling house or outbuilding, by the occupant of the dwelling house concerned, for the sale of alcoholic beverages, and may include consumption of alcoholic beverages by customers on the land unit, provided that the dominant use of the dwelling house concerned shall remain for the living accommodation of a single family;"house shop", means premises for the conducting of retail trade from a dwelling house or outbuilding by one or more occupants of the dwelling house concerned, provided that the dominant use of the dwelling house concerned shall remain for the living accommodation of a single family;I
"ICNIRP", means International Commission on Non-Ionizing Radiation Protection;"industrial hive", means a building or a complex of uniformly designed buildings, containing a mix of retail and manufacturing activities, and arranged in an orderly manner around common spaces, which may include common parking and access;"industry", means premises which in the municipality’s opinion, are used as a factory and in which:(i)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, or(ii)livestock (including poultry) is slaughtered, or(iii)electricity is generated for use in processes referred to in (i) and (ii) above, provided that industry includes an office, caretaker’s quarters or other uses which are subservient and ancillary to the use of the land as a factory, but does not include a noxious trade or risk activity;"informal trading", means the lawful sale of products in areas specifically demarcated for this purpose by the municipality, such as markets and demarcated areas in the business district;"institution", means premises used as or intended to be used as a social, health or welfare facility, or for the administration thereof, and includes a hospital, clinic, pharmacy, home for the aged, indigent or handicapped, rehabilitation centre, reformatory or place of detention, whether of a commercial or charitable nature, but does not include a jail;"integrated development framework", means a development framework which deals with integration of different strategies and sectoral plans relating to development, such As spatial, economic, social, infrastructure, housing, institutional, fiscal, land reform, transportation, environmental or water plans, to attain the optimal allocation of limited resources in a particular geographic area, and may include an integrated development plan as defined in the Municipal Systems Act;"integrated development plan", means a plan envisaged in section 25 of the Municipal Systems Act;"intensive stock farming", means the keeping, feeding and breeding of animals on an intensive scale. These animals include poultry and sea animals including oysters and abalone, on an intensive basis;K
"keeping of animals", means the accommodation of animals;L
"land", means land with or without improvements in terms of land development and, includes land covered with water such as marsh or wetlands;"landscape plan", means a plan indicating detailed landscape proposals including walkways, paving, plants, water features, recreation areas, engineering services and any other such land uses;"landscaping", means the planting or placement of plants for the purpose of protecting and promoting aesthetic appeal, scenic beauty, character and value of land, as well as promotion of public health and safety through the reduction of noise pollution, storm water runoff, air pollution, visual pollution or light glare;"land survey certificate", means a certificate issued by a professional land surveyor;"land unit", means a portion of land registered or viable to be registered in a deeds registry;"level of the pavement", means(i)in the case of a pavement/footway which has been constructed within a road reserve reserves to the back of the pavement/ footway, or(ii)the height determined by the municipality, referring to a foot-way that was not been constructed or is yet to be constructed and ‘level of the footway’ has the same meaning;"licensed hotel", means a building designed to comply with the requirements of a hotel;"linked", in relation to the definitions of town housing and group housing, means to be connected by means of a boundary wall or garage;"loading zone", means an area measuring not less than 4,5m x 7,5m, which is clearly demarcated for loading and off-loading of goods from commercial vehicles, which also provides vehicular access to a public street at the satisfaction of the municipality;"local sign", means the same as ‘permanent sign’;"lodge", means premises, not exceeding 450m² floor space, single storey, or 350m² footprint, double storey, used as a temporary residence for transient guests, where lodging and meals are provided, and may include associated conference and entertainment facilities that are subservient and ancillary to the dominant use of the premises as a lodge. ‘Lodge’ also implies that there are premises on site which are licensed to sell liquor to be consumed on that same land unit, however does not include an off-sales facility;"lodger", means a person who pays rent for bedroom accommodation within another person’s dwelling unit;"lodging", means bedroom accommodation which is made available in exchange for payment, and includes the services ordinarily related to such accommodation;M
"maximum floor space", means the greatest total floor space which is allowed for a building or buildings including all the storey’s on a land unit, such maximum floor space being calculated by multiplication of the floor factor by the net erf area of the land unit or that portion of the land unit which is situated within a particular zone. This is applicable provided that where the land unit is situated within two or more zones in 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 portion of the land unit;"medical consulting rooms", means premises, excluding a hospital or clinic, which are used for human medical or medically related consultation, examination or treatment, but does not include live-in facilities;"mezzanine", means an intermediate floor in a building between the ground floor and the first floor, which for the purposes of measuring height shall be counted as a storey;"Mineral and Petroleum Development Act, 200 (Act 28 of 2002)", means the Act that controls the issuing of permits and licenses;"mining", means an enterprise which practices the extraction of raw material from the earth, whether by means of surface or underground methods, and includes, but is not limited to, the removal of stone, limestone, sand, clay, kaolin, ores, minerals, gas and precious stones as well as referring to the process of stone crushing;"mobile home", means a transportable factory-constructed structure with the necessary service connections, which is designed so that it can be used as a permanent dwelling;"mortuary", a place, specifically referring to a funeral home, where dead bodies are kept before burial or cremation;"motor vehicle", means a 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;N
"National Building Act", means the National Building Regulations and Building Standards Act, 1977 (Act 103 of 1977);"National Constitution", means the Constitution of the Republic of South Africa, 1996; natural ground level, means the level of the land surface on a land unit:(a)in its unmodified state, or(b)in a state where the land has been graded, with a grading machine that levels out the surface land area, with the municipality’s permission, for the purposes of development, provided that:(i)any grading of land for the purpose of development shall connect evenly with the existing levels of abutting land units;(ii)where land is excavated, the excavated level is deemed to be the natural level of the ground;(iii)where it is not possible to determine the natural level of the land owing to irregularities or disturbances of the land, the municipality shall determine a level for the purpose of administrating this Zoning Scheme, and(iv)where land is excavated and the excavated material is used to elongate a building site (cut to fill) the municipality shall define a level for the purposes of administering this zoning scheme;"nature reserve", means a national park, or some other nature park which is in the ownership of a public authority or has been declared as such in terms of legislation and remains in private ownership. It consists of an area which is utilised as a game park or reserve for fauna and flora in its natural habitat and includes contextual size and impact related accommodation facilities for tourists or holidaymakers;"NEMA", means the National Environmental Management Act, 1998 (Act 107 of 1998);"nett density", means the density of a specified area, calculated through land set aside for ancillary uses, such as open spaces, streets, schools and business use, being subtracted from the total area, at the satisfaction of the municipality, and the number of residential units being divided by the remaining area that exist or for which planning is being done;"nett erf area", means the total area of a land unit, excluding all land reserved for public purposes, such as streets, roads or road widening;"noise level ", means a reading on an integrated impulse sound level meter taken in accordance with accepted scientific principles, as described in the noise control regulations promulgated in terms of NEMA;"noise pollution", means any sound which, in the opinion of the municipality, causes or may cause unreasonable nuisance, or which may disturb the comfort or peace and quiet of a person or persons in the vicinity;"non-conforming use", means use of land which was lawful before the commencement date, but which does not conform to the use or land use provisions stipulated in this Zoning Scheme and stays a lawful use as long as no changes requiring building plan approval are made;"noxious trade", means an offensive, poisonous or potentially harmful trade, use or activity which due to fumes, emissions, smell, vibration, noise, waste products, the nature of material used, the processes employed, or other causes, is deemed by the municipality to be a potential source of danger, nuisance or offence to the general public or persons in the surrounding area;"nursery", means an enterprise for the sale of plants, horticultural products and horticultural equipment;O
"occupant", means any person who physically inhabits a building, a structure or land area, or a person having the charge or management thereof, and includes the representative of any person absent from the area or whose whereabouts is unknown;"occupational practice", means the same as ‘home occupation’;"offices", means a room or a suite of rooms or a building used for an administrative function or for the conducting of an enterprise primarily concerned with administrative, clerical, financial or professional services, and includes a post office or magistrate’s offices or professional use;"office park", means a group of office buildings which are designed and built as a harmonious architectural entity, arranged in an orderly manner within a landscaped environment, and involving shared use and management of amenities such as roads, services, access control or common land;"Ordinance", the Land Use Planning Ordinance, Ordinance 15 of 1985;"Organ of state", means an organ of the state as defined in Section 239 of the National Constitution;"outbuilding", means a structure, whether attached to or separate from the main building, which is designed to be normally used for the housing of domestic workers, for storing motor vehicles or for general storage purposes, provided that these uses are usually necessary in connection with the main building, however this does not include additional dwelling units;"outdoor advertisement", means the action or process of notifying, warning, informing, announcing or any other mode of communicating of information in a visual manner and which takes place outdoors;"outdoor recreation facility", means an area where leisure and recreational opportunities are available, primarily outdoor facilities such as, but not limited to, open-air concerts, miniature golf and roller-skating rinks. These are available usually in the interest of commercial gain;"overlay zone", means a category of zoning applicable to particular land, which stipulates additional land use provisions for such land in addition to the underlying zoning requirements, and may include parameters relating to consent use restrictions, subdivision, urban renewal, environmental protection or any other purpose as set out in this Zoning Scheme. This is given that overlay zoning may add further land use provisions in a particular area or zone which may be more restrictive or less restrictive than that of the land units which are not covered by the overlay zoning implying that ‘overlay zoning’ has a corresponding meaning;"owner", in relation to land, means the person or entity in whose name that land is registered in a deeds registry, and may include the holder of a registered servitude right, or long term lease, or any successor in title;P
"package of plans", means the hierarchy of plans specified in terms of this Zoning Scheme;"panhandle", means a narrowed section of a land unit that provides access to a street;"parking bay", means an area measuring no less than 5m x 2,5m for perpendicular parking and 6m x 2,8m for parallel parking, which is clearly outlined and demarcated for the parking of one motor vehicle and which is accessible at the satisfaction of the municipality;"parsonage", means a dwelling for the living accommodation of a spiritual leader who is in the full-time service of an organisation which conducts religion in a place of worship, and can include the living accommodation of the spiritual leader’s family as well as a monastery;"patio", means a paved roofless area adjacent to and belonging to a building or an open-air courtyard;"pergola", means any roofless, horizontal or almost horizontal grid or framework and is applicable if the area seen in the horizontal projection of the solid portions of this grid does not exceed 25% of the total area thereof;"permanent sign", means a sign on a specific site, premises or building which is permanently displayed and which refers to an activity, product, service or attraction offered or provided on those premises on that site or inside the building, and has the same meaning as ‘local sign’;"Petroport", means a facility with direct access from a highway, through-way or main transport route, which provides rest, service and fuel facilities for long-distance trucks and other long-distance vehicular traffic, and includes facilities for emergency vehicle towing services;"petrol filling station", means the same as ‘service station’;"place of assembly", means a public hall, a hall for public or social functions, a music hall, a concert hall or a hall for display purposes which is not directly related to a commercial enterprise, town hall or civic centre;"place of entertainment", means a theatre, cinema, dance hall, amusement park, sports centre, billiards room, games arcade, skating rink, or similar place and may include a gambling facility;"place of instruction", means a crèche, pre-primary school, school,college, technical institute, university, research institution, convent, public library, public art gallery, museum or other centre of education, and includes an associated hostel, but excludes a building or land unit which is predominantly used as a certified correctional institution or industrial school or as an institution;"place of worship", means a church, synagogue, mosque, temple, chapel or other place for practicing a faith or religion, and includes any building, including a residence, associated therewith, but does not include a funeral parlour, cemetery or crematorium with related chapel;"porch", means a roof (not being the roof or balcony) projecting from the outside of a building above a doorway, and forming a covered entrance to such building, and includes any paved area hereunder, any low walls or railings enclosing such paved area and any pillars supporting such roof;"Premier", means the Premier of the Western Cape Province;"primary distributor road", means a public street declared by the municipality to be a primary distributor road;"primary use", in relation to land or buildings, means any use specified in this Zoning Scheme as a primary use, being a use that is permitted without the need to obtain the municipality’s consent except for building plan approval;"private open space", means land which is or will be under private ownership, or municipal land on a long term lease, with or without access control, used primarily as a site for outdoor sports, play, rest or recreation, or as a park, garden, or play area or for nature conservation;"private parking", means land, a building or part of a building which is managed by a private individual or institution and which is used exclusively for parking purposes and is not normally accessible to the general public except when payment is involved;"private road", means land reserved for the passage or parking of motor vehicles, which is privately owned and does not vest in the municipality or another public authority;"professional use", means that kind of use which is normally and reasonably associated with professionals such as doctors, dentists, attorneys, architects, engineers and town planners, where services rendered, are separate from trading are one of the distinguishing factors;"property", means land together with all buildings and structures on the land;"public authority", means a state department, a municipality or a department of the Provincial Government;"public garage", means a business where motor vehicles are provided with fuel in exchange for payment, and includes trading in motor vehicles, oil, tyres or motor spares, the repair or overhauling of motor vehicles, a restaurant or café together with bathroom facilities, spray painting, panel beating, blacksmith or body work;"public housing", means dwelling units which are built with funds granted by a public authority;"public nuisance", means any act, omission or condition which in the municipality’s opinion is offensive, induces injury or is dangerous to health, or materially interferes with the ordinary comfort, convenience, peace and quiet of the public, or which adversely affects the safety of the public, taking into account:(i)the reasonableness of the activities in question in the area concerned, and the impacts which result from these activities, and(ii)any noise levels stipulated in an overlay zone applying to the land concerned;"public open space", means land which is under or will be under the ownership of the municipality, which is not, or is not to be, leased on a long term basis, and which is set aside for the public as an open space, park, garden, picnic area, playground, square or conservation area;"public parking", means land that is accessible to the general public for parking purposes with or without a fee;"public place", means land indicated on an approved plan, diagram or map, of which ownership vests in the municipality or in another public authority;"public road or public street", means any land indicated on an approved plan, diagram or map, of which the ownership vests in the municipality or another public authority in terms of applicable law, and which has been set aside for vehicular and pedestrian use;"publish in the press", means to publish a notice in such newspaper or newspapers as the municipal manager may determine from time to time, or in the Provincial Gazette or in both a newspaper or newspapers as intended herein and the Provincial Gazette, and "publication in the press" has a corresponding meaning;R
"racing track", means land used to race, rally and scramble, including go-karts, quad bikes, motorcycles, motorboats as well as racing animals (e.g. horses and dogs), and includes the testing of vehicles and boats;"rear boundary", with regard to a land unit, means every boundary situated thereon (other than a street or side boundary) which is parallel to, or is within 45° of being parallel to, every side boundary of such land unit and which does not intersect a street boundary, provided that, in the case of a panhandle land unit, the municipality shall determine which boundary, if any, is the rear boundary;"recycling plant" , a facility where waste is separated for reprocessing for further use as a product or raw material;"register", means the document held by the municipality in connection with all departures, consent uses, site development plans, conditions relating to use rights or special zone land use provisions;"rehabilitation centre", means premises or part thereof used or intended to be used to rehabilitate people or animals through physical or mental stimulation;"religious leader’s residence", means a building designed as a joint architectural unit on the same land unit as a place of worship;"renewable energy structure", means any wind, water or organic matter turbine or solar voltaic apparatus, or grouping thereof that captures and converts wind, water, organic matter or solar radiation into energy for commercial gain irrespective of whether it feeds onto an electricity grid or not, and includes any appurtenant structure or any test facility or structure that may lead to the generation of energy on a commercial basis;"residential building", means a building (excluding a dwelling house, a group house, a town house or flats) for occupation by persons, together with such outbuildings as are ordinarily used therewith, and includes a boarding house, lodging rooms, a licensed hotel (excluding an off-sales facility), an old-age home, a children’s home and a hostel, but does not include buildings which, either by means of inclusion or exclusion, are mentioned in the definition of "place of instruction" or "institution";"resort shop", means a shop, within a holiday resort, which does not exceed 500m2 in floor space, including storage facilities;"resource industry", means the process of extracting, mining, winning or quarrying raw materials from the ground including gravel, sand and stone, and includes buildings and activities connected with such operations as well as a crushing plant.;"restaurant", means a commercial establishment where meals and liquid refreshments are prepared and served to paying customers for consumption on the site, and includes licensed provision of alcoholic beverages for consumption on the site;"rezoning", means amendment of the zoning scheme in order to effect a change of zoning in relation to a particular land unit or part thereof or to land units;"riding school", means a place or undertaking for the leasing of horses and riding instructions being provided in exchange for payment, and includes the care and stabling of such horses;"right of use", in relation to land, means the right to use land in accordance with the zoning thereof, including any lawful departure;"risk activity", means an undertaking where the material handled or the processes carried out are liable to cause rapid combustion or give rise to poisonous fumes, or cause explosions, and includes activities involving dangerous and hazardous substances that are controlled in terms of national legislation;"road", means a public or private street or road;"rooftop base station", means a cell phone base station where antennae are attached to the roof or side of an existing building; provided that any antenna support structure or equipment room that is not part of the building, does not extend more than 2,5m in height above the top of the building;S
"SANS", means South African National Standards;"satellite dish antenna", means an apparatus capable of receiving or transmitting communications from a satellite;"scenic drive", means a public road or street which has been declared as a scenic drive by the municipality in recognition of the high visual amenity alongside that public road or street, including background vistas of mountains, open country, coastline or urban landscape;"scenic drive corridor", means all land within 200m on either side of a scenic drive as measured perpendicularly from the centre line of the road reserve;"scrap yard", means a building or land which is utilised for one or more of the following purposes:(i)storing, depositing or collecting of junk or scrap material or articles of which the value depends mainly or entirely on the material used in the manufacture thereof;(ii)the dismantling of second hand vehicles or machines to recover components or materials, and(iii)the storing or sale of second-hand parts, pipes, poles, steel, wire, lumber, tyres, bricks, containers or other articles which are suitable to be left in the open without any serious damage being incurred;"second dwelling", means a dwelling unit which may be erected with the consent of the municipality on a land unit where a dwelling house, permitted as a primary use, has already been erected, provided that:(i)this regulation authorises the municipality to grant its consent for a second dwelling unit in the zone concerned;(ii)the second dwelling unit shall remain on the same cadastral unit as the dwelling house;(iii)the second dwelling unit shall have a lesser floor area than the dwelling house;(iv)the second dwelling unit shall comply with other requirements specified in this regulation;(v)sectional title ownership for the main and second dwelling shall be permitted, provided that both dwellings shall have direct access to public roadway and both dwellings shall have direct connections to Municipal infrastructure."secondary use", means a consent use which is stipulated by the municipality, in terms of this Zoning Scheme, as a secondary use in order to indicate that it will probably be supported and approved relatively quickly, provided that it complies with an approved planning policy which has passed through an acceptable public process;"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, for example, be an economic, land reform, environmental, housing, water, service or transport plan;"service station", means premises for the retail supply of fuel, and includes trading in motor vehicles, oil, tyres or motor spares, or the repair, overhauling or washing of motor vehicles, but does not include spray-painting, panel beating, blacksmith or body work, provided that any part of a shop or business premises which incorporates facilities for retail supply for the use of motor vehicles, shall be deemed to be a service station;"service trade", means an enterprise which:(i)is primarily involved in the rendering of a service to the local community such as the repair of household appliances or the supply of household services, and(ii)is not likely to be a source of disturbance to surrounding land units, and(iii)employs at most ten people, and(iv)is not liable, in the event of fire, to cause excessive combustion, give rise to poisonous fumes or cause explosions, and(v)includes a builder’s yard and allied trades and a laundry, bakery, dairy depot and similar types of uses, but(vi)does not include an abattoir, a brick-making site, sewage works, a service station or a motor repair garage;"services agreement", means a written agreement which is concluded between a developer of land and the municipality, in terms of which the respective responsibilities of the two parties for the planning, design, provision, installation, financing and maintenance of internal and external engineering services and the standard of such services are determined;"setback", means the line delimiting an 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;"shelter", means a unit of accommodation intended for human occupation, constructed of material which need not comply with the standards of durability intended by the National Building Act;"shop", means premises used for the retail sale of goods and services individually or in relatively small quantities 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 manufacturing or repairs shall not comprise more than one third of the floor space of the shop, and provided further that "shop" does not include an industry, a service trade, a motor repair garage, a service station, a restaurant, an adult entertainment enterprise, a bottle store or an industrial hive, and if such uses occur on the same land unit as a shop, they shall be regarded as separate uses subject to the relevant separate land use provisions;"side boundary", means a boundary of a land unit other than the street boundary or the rear boundary;"sidewalk", means a path (or pavement) along the side of a road that may accommodate moderate changes in height and is normally separated from the vehicular section by a curb. There may also be a strip of vegetation, grass, bushes or trees or a combination of these between the pedestrian section and the vehicular section;"site development plan", means a plan which shows detail of proposed development at the level of a particular site, including:(i)existing biophysical characteristics of the site;(ii)the layout of the site, indicating the use of different portions thereof;(iii)the position, use and extent of buildings;(iv)sketch plans and elevations in regard to proposed structures, including information about their external appearance or outside elevation;(v)the alignment and general specifications of vehicle access, roads, parking areas and pedestrian footpaths;(vi)the position and extent of private, public and communal space;(vii)typical details of fencing or boundary walls around the perimeter of the site as well as within the site;(viii)electricity supply and external lighting proposals;(ix)provision for the disposal of storm water, sewage and refuse;(x)water supply;(xi)external signage details;(xii)general landscaping proposals including vegetation to be preserved, vegetation to be removed, vegetation to be planted, external paving, and measures for stabilising outdoor areas where applicable;(xiii)the phasing of the development;(xiv)(xiv) the proposed development in relation to existing and finished ground levels, including excavations and cut and fill;(xv)statistical information about the extent of the proposed development, floor space allocations and sizes as well as the provision of parking, and(xv)any other details as may reasonably be required by the municipality;"slope", means the degree of deviation of a surface from the horizontal, usually expressed as a ratio and calculated for the purpose of this Zoning Scheme Regulations as follows:
"special area", means an area of historical, cultural or ecological significance, or a biosphere zone, to which, over and above the zoning restrictions, additional guidelines regarding management and development must be applied;"special usage", means a use which is such, or in respect of which the land use provisions are such, that it is not otherwise provided for in this Zoning Scheme, which is defined fully and in respect whereof the land use parameters are defined fully by means of conditions of approval or by means of provisions applying to the special zone, and includes conservation usage;"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 the ceiling, provided that:(i)a basement does not constitute a storey;(ii)a roof, or dome which forms part of the 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 deemed to be a storey, and(iii)any storey which is higher than 3m but equal to or less than 6m in height, shall, for the purpose of height measurement, be deemed to be 2 storey’s, and every additional 3m in height or portion thereof, shall be deemed to be an additional storey;"street", in the context of provisions pertaining to street building lines, setbacks, street boundaries, street corners, off-street parking, site access or loading requirements, includes a public street and a private road;"street boundary", means the common boundary of a land unit with a street, provided that where a part of a land unit is reserved in terms of the Zoning Scheme Regulations or any other law for the purpose of a new street or street widening, the street boundary of the land unit is the boundary of such proposed new street or proposed street widening;"structure", without in any way limiting its ordinary meaning, includes any building, shelter, wall, fence, pillar, pergola, steps, landing, terrace, sign, ornamental architectural features, swimming pool, fuel pump and underground tank, as well as any portion of a structure;"structure plan", means a plan referred to in section 16 of the Western Cape Land Use Planning Act, 2014;"subdivide and subdivision", in relation to land, means to subdivide land whether by means of:(i)survey;(ii)the allocation, with a view to a separate registration of land units, of undivided portions thereof in any manner, or(iii)the preparation thereof for such subdivision;"sub divisional area", means land zoned as sub divisional area or alternatively land zoned in a manner which shall allow subdivision as contemplated in section 25 of the by-law;"sub divisional plan", means a plan which reflects the prescribed information in relation to intended subdivision, including but without being limited to, the relative location of the proposed subdivided land units, public places and public streets on a land unit that is to be subdivided;"substitution scheme", means a zoning scheme regulations which replaces any other zoning scheme regulations or a part thereof;"supermarket", means a retail concern with a net retail floor space of not less than 350m², which is utilised for sales on a basis of self-service and where the goods for sale fall in one or more of the following categories:(i)foodstuffs;(ii)toiletries;(iii)household cleaning agents;(iv)clothing;(v)wine sales, or(vi)home and garden equipment;"Systems Act", means the Local Government: Municipal Systems Act, (Act 32 of 2000);T
"Telecommunication infrastructure", means:(i)any part of the infrastructure of a telecommunication network for radio/ wireless communication including voice, data and video telecommunications, which may include antennae;(ii)any support structure, equipment room, radio equipment and optical communications equipment (laser or infra-red) provided by cellular network operators or any other telecommunication providers;(iii)all ancillary structures needed for the operation of telecommunication infrastructure, provided that fibre optic installations and point to point copper (cable) installations are excluded from this definition;"terrace", means an area to which the occupants of a building have access, created on a flat roof over a portion of a storey, resulting from the setback of a part of the building above such a storey;"title", in relation to tenure, means land ownership, and includes all forms of ownership that can be taken up in a title deed;"token zone", means the zoning of a relatively small part of a land unit which differs from the zoning of the larger part of the land unit;"total floor space", in relation to a building, means the sum of the floor space of all the storey’s of such a building, including basements;"tourist facilities", means amenities for tourists or visitors such as lecture rooms, restaurants, gift shops, restrooms or recreational facilities, but does not include a hotel or overnight accommodation;"town house", means a dwelling unit forming part of a town housing scheme;"town housing and town housing scheme", means a housing development which is a row or group of linked and/or attached dwelling units, designed and built as a harmonious architectural entity, of which every dwelling unit has a ground floor and which can be cadastrally subdivided;"town housing site", means a land unit or more than one land unit with a total minimum size of 2 000m², on which a town housing scheme has been erected or is to be erected;"traffic impact assessment", means a study of demand for travel generated by a proposed development in relation to the existing and planned road system, where the development generates more than 275 trips or increases daily trips by more than 20% above existing levels;"traffic impact statement", means a statement of demand for travel generated by a proposed development in relation to the existing and planned road system, where the development generates less than 275 trips or increases daily trips by less than 20% above existing levels;"transmission tower", means any support structure and associated infrastructure of more than 3m in height, that is used for the transmission and/ or reception of electromagnetic waves; and includes telecommunication, cellular telecommunication, radio, television and satellite transmission;"transport usage", means an undertaking based on the provision of a transport service, and includes both public and private transport facilities, such as airports, airfields, railway stations, bus depots, taxi ranks, public transport interchanges and associated uses;U
"urban conservation", means the development or maintenance of the built environment in a prescribed manner, aimed at maximisation of its historic, aesthetic or social attributes and the enhancement of the value of the area, both for present and future use;"urban edge", means a demarcated line which may or may not follow cadastral boundaries, together with an interrelated policy which serves to determine, manage, direct and control the outer limit of urban expansion;"use", in addition to its ordinary meaning, includes earmarked use or intention to use;"use zone", means the part of this Zoning Scheme which is shown on the zoning map by means of a specific notation or bordering or any other distinguishing manner, in order to identify permitted use of the land;"utility usage", means a use or an element of infrastructure that is required to provide engineering or associated services for the proper functioning of urban development, and includes water reservoirs and purification works, electricity substations and transmission lines, waste water pump stations and treatment works (sewage), but does not include roads, parking or other transport usage;V
"veranda", means a covered area, not being an area which is part of a yard or parking area, or a projecting floor outside and immediately adjoining a building at or below the level of the ground floor thereof, and includes both such areas of the floor and roof or other feature covering it, as well as any low walls or railings enclosing such paved area or floor;W
"wall of remembrance", means a place where human ashes and corresponding plaques are placed, or only plaques for the dead are placed, and where space for remembering the dead is created;"warehouse", means premises used primarily for the storage of goods, except those that are offensive or dangerous, and includes premises used for business of a predominantly wholesale nature, as well as for rendering of services, but does not include premises used for business of a predominantly retail nature;"waste disposal site", means a place where household, commercial or industrial products are stored, salvaged, treated or disposed of in a lawful manner, and includes sanitary infill;"winery", means a place where wine is made and may include a selling area for the general public and a wine-tasting area;"wine shop", means a place to sell packaged wine for consumption off the premises;Z
"zone", when used as a noun, means land which has been designated for a particular zoning, irrespective of whether it comprises one or more land units or parts of land units;"zone", when used as a verb in relation to land, means to designate land for a particular zoning;"zoning", when used as a noun, means a category of directions regulating the development of land and setting out the purposes for which the land may be used and the land use or land use provisions applicable in respect of the said category of directions, as determined by the Zoning Scheme Regulations;"zoning map", means an approved map or approved maps showing the zones and land units in respect of land situated within the area of jurisdiction of the municipality;Zoning of land as specified use zonesThe land indicated on the zoning map, as indicated in column 2 or 3 of Table A, is zoned for the various purposes mentioned in column 1 of Table A and may, subject to relevant provisions of the by-law and this zoning scheme, not be used for any other purpose.Erection of buildings and use of land in specified use zones:The purposes, called primary uses, for which land may be used in the various zones indicated in column 1 of Table B, are mentioned in column 2 of Table B. The purposes, called consent uses, for which land may be used in the various zones indicated in column 1 of Table B with the approval of the municipality, are mentioned in column 3 of Table B. Any use that does not occur in column 2 or 3, may, subject to overriding provisions of the by-law and this zoning scheme, not be permitted in the relevant zone.TABLE A
In the case of land which had not been zoned prior to 1 July 1986 and of which the land use is subject to title conditions, the use thereof for the purpose of zoning as intended by Section 14(1) of the Ordinance, is deemed to be the use imposed or permitted by the Premier in terms of title conditions, or, if more than one use is thus permitted, one of such uses as determined by the Council.It is important to note that the buildings and uses permitted in terms of Table B or which can be approved by the consent of the Council, may be subject to departures, which can render the use right relating to a land unit effectively more or less limited than appears from the notation on the map. In such cases the relevant information relating to the land unit must be noted in the register held for this purpose.| TABLE B | ||
|---|---|---|
| ZONING | ||
| RESIDING | Primary uses | Content uses |
| Residential Zone 1: Low density |
Dwelling house. | Second dwelling, Double dwelling house, Bed & Breakfast establishment, Day care centre, Place of instruction, Place of worship, Home occupation |
| Residential Zone 2: Medium density |
Dwelling house. | Second dwelling, Bed & Breakfast establishment, Day care centre, Guest house, House shop, House tavern, Home occupation. |
| Residential Zone 3: High density Estate housing |
Dwelling house, Private open space. |
Group housing, Town housing, Flats, Hotel, Restaurant, Place of assembly, Home occupation. |
| Residential Zone 4: Incremental housing |
Dwelling house, Second dwelling, Bed & Breakfast establishment, Shelter. |
Double dwelling house, Day care centre, Place of Instruction, House tavern, House shop, Home occupation. |
| GENERAL RESIDENTIAL |
Primary uses | Consent uses |
| General Residential Zone 1: Group housing |
Group housing, Dwelling house. |
Home occupation. |
| General Residential Zone 2: Town housing |
Town housing, Dwelling house. |
Flats, Home occupation. |
| General Residential Zone 3: Flats |
Flats, Guest house, Boarding house, Dwelling house, Group housing, Town housing. |
Shop, Lodge, Institution, Place of instruction, Place of assembly, Home occupation, Transmission tower, Rooftop base station. |
| BUSINESS | Primary uses | Consent uses |
| Business Zone 1: General business |
Business premises, Flats, Offices, Office park, Restaurant, Service trade, Public parking, Animal hospital, Nursery, Transmission tower, Rooftop base station, Wine shop. |
Service station, Hotel, Funeral parlour, Car wash, Residential building, Place of assembly, Place of entertainment, Adult entertainment enterprise, Institution, Bottle store. |
| Business Zone 2: Neighbourhood business |
Business premises, Flats, Public parking, Transmission tower, Rooftop base station, Wine shop. |
Offices, Place of assembly, Place of entertainment, Restaurant, Bottle store, Service trade, Car wash, Nursery, Lodge |
| Business Zone 3: Service station |
Service station, Car wash, Transmission tower, Rooftop base station. |
Shop, Business premises, Restaurant, Wine shop. |
| TABLE B | ||
|---|---|---|
| ZONING | ||
| Business Zone 4: Petroport |
Petroport, Shop, Restaurant, Transmission tower, Rooftop base station. |
Public garage, Tourist facility, Holiday accommodation, Lodge, Wine shop. |
| INDUSTRIAL | Primary uses | Consent uses |
| Industrial Zone 1: Light industry |
Service trade, Industrial hive, Warehouse, Car wash, Restaurant, Service station, Public parking, Transmission tower, Rooftop base station. |
Industry, Public garage, Shop, Bottle store, Offices, Office park, Adult entertainment enterprise. |
| Industrial Zone 2: General industry |
Industry, Service trade, Warehouse, Transport usage, Car wash, Restaurant, Public parking, Industrial hive, Service station, Public garage, Transmission tower, Rooftop base station. |
Shop, Bottle store, Place of instruction, Place of worship, Place of assembly, Adult entertainment enterprise, Funeral parlour, Waste disposal site, Scrap yard, Recycling plant. |
| Industrial Zone 3: Risk industry |
Noxious trade, Risk activity, Transmission tower, Rooftop base station. |
Industry, Service trade, Warehouse, Scrap yard, Transport usage, Shop, Service station, Waste disposal site, Crematorium, Public parking, Abattoir, Recycling plant. |
| Industrial Zone 4: Extractive industry |
Mining, Transmission tower, Rooftop base station. |
Industry, Risk activity. |
| COMMUNITY | Primary uses | Consent uses |
| Community Zone 1: Education |
Place of instruction. | Conference facility, Place of assembly, Place of worship, Institution, Transmission tower, Rooftop base station. |
| Community Zone 2: Worship |
Place of worship, Religious leader’s residence, Transmission tower, Rooftop base station |
Place of assembly, Place of instruction, Cemetery, Wall of remembrance, Institution |
| Community Zone 3: Institution |
Institution. | Place of assembly, Place of instruction, Transmission tower, Rooftop base station. |
| AUTHORITY | Primary uses | Consent uses |
| Authority Zone 1: Government |
Authority usage, Transmission tower, Rooftop base station |
Any use determined by the municipality. |
| TRANSPORT | Primary uses | Consent uses |
| Transport Zone 1: Transport usage |
Transport usage, Public parking, Transmission tower, Rooftop base station |
Shop, Offices, Hotel, Restaurant, Bottle store, Warehouse, Industry, Service trade, Service station, Place of assembly, Place of entertainment, Institution |
| TABLE B | ||
|---|---|---|
| ZONING | ||
| Transport Zone 2: Roads |
Public street, Private road, Public parking, Private parking |
Any use determined by the municipality. |
| Transport Zone 3: Parking |
Public parking, Private parking, Transmission tower, Rooftop base station. |
Shop, Business premises, Service station. |
| OPEN SPACE | Primary uses | Consent uses |
| Open Space Zone 1: Public open space |
Public open space, Conservation usage, Transmission tower, Rooftop base station. |
Cemetery, Wall of remembrance, Camping site, Boat launching facility, Racing track |
| Open Space Zone 2: Private open space |
Private open space, Conservation usage, Transmission tower, Rooftop base station. |
Cemetery, Wall of remembrance, Camping site, 4x4 route, Boat launching facility, Racing track |
| Open Space Zone 3: Nature reserve |
Nature reserve, Conservation usage. |
Tourist facility, Holiday accommodation, 4x4 route, Transmission tower, Rooftop base station, Boat launching facility |
| Open Space Zone 4: Cemetery |
Cemetery, Wall of remembrance, Private open space, Conservation usage. |
Crematorium, Place of worship, Funeral parlour. |
| RESORT | Primary uses | Consent uses |
| Resort Zone: Resort | Holiday accommodation, Conservation usage, Private open space, Lodge. |
Tourist facility, Resort shop, Conference facility, Transmission tower, Rooftop base station, Boat launching facility. |
| Leisure accommodation Zone |
Holiday accommodation, Holiday Housing, Conservation usage, Private open space. |
Lodge, Tourist facility, Resort shop, Transmission tower, Rooftop base station, Boat launching facility |
| AGRICULTURE | Primary uses | Consent uses |
| Agricultural Zone 1: Agriculture |
Agriculture, Farm stall. |
Additional dwelling unit, Guest house, Tourist facility, Farm shop, Aquaculture, Intensive stock farming, Horticulture, Nursery, Riding school, Service trade, Mining, 4x4 route Commercial pet kennel, Bed & breakfast establishment, Conservation usage, Agri- village, Composting, Racing track, Boat launching facility, Conference facility, Exhibition centre, Transmission tower, Rooftop base station, Renewable energy structure |
| TABLE B | ||
|---|---|---|
| ZONING | ||
| Agricultural Zone 2: Agricultural industry |
Agricultural industry, Transmission tower, Rooftop base station |
Dwelling house, Tourist facility, Farm stall, Nursery, Intensive stock farming, Horticulture, Composting. |
| Agriculture Zone 3: Smallholdings |
Agriculture. | Additional dwelling unit, Farm stall, Bed & Breakfast establishment, Tourist facility, Riding school, Nursery, Intensive stock farming, Horticulture, Commercial pet kennel, Composting, Food processing, Home occupation, Transmission tower, Rooftop base station. |
| UNDETERMINED | Primary uses | Consent uses |
| Undetermined Zone | None. | None. |
| SPECIAL | Primary uses | Consent uses |
| Special Zone | Special usage. | Any use determined by the municipality, Trans- mission tower, Rooftop base station |
| SUB DIVISIONAL AREA |
Primary uses | Consent uses |
| Sub divisional Area Zone |
All zonings as described |
As applicable to relevant zonings. |
Chapter 1
RESIDENTIAL ZONES
General Policy Statement:
The following general policies shall apply in the residential zones,except where the policies and principles are superseded by an approved spatial development framework or spatial development plan;(i)Residential zones are intended to provide neighbourhoods with single family dwelling units with various densities and to protect the character and nature of residential areas. The general purpose of the residential zones is to present a comfortable, healthy, safe and pleasant environment for living and to promote the stability of residential areas by the protection of the character of the areas. There are, however, opportunities under controlled circumstances for work opportunities at home as well as low intensity mixed use development which is normally associated with residential uses, subject to approval by the municipality;(ii)Opportunities are created under residential zone 3 for innovative design solutions and land use provisions that are specific to the premises to make various life styles, such as residential golf estates, marinas and horse riding estates, possible;(iii)In recognition of housing backlogs and present socioeconomic realities, provision is made under residential zone 4 for informal housing in specific areas. In such areas building and planning standards are relaxed, but still with the purpose to upgrade them to an acceptable standard as soon as possible. When this standard is reached, the relevant land must be rezoned to residential zone 2.Residential Zone 1: Low density (R1)
Colour notation: Yellow.Objective:The objective of this zone is to provide low to medium density residential development on relatively large erven and to protect the quality and character of such areas. Limited provision of employment and additional accommodation opportunities are possible as primary and consent uses, provided that the dominant use of the land remains residential and the impact of such use does not adversely affect the surrounding residential area.1.1.Use of land:The following use restrictions apply to land in this zone:(a)Primary use: dwelling house.(b)Consent uses: Second dwelling, double dwelling house, bed-and-breakfast establishment, day care centre, place of instruction, place of worship, home occupation.(c)Additional use rights: The occupant of a dwelling house may rent out rooms in the dwelling house, subject to paragraph 1.1.5.1.1.1Land use provisions:The following land use provisions apply:(a)CoverageSubject to the provisions of paragraph 1.1.4(h):(i)the maximum coverage for erven with a net area of less than or equal to 1000m² is 50%, and(ii)the maximum coverage for erven with a net area larger than 1000m² is 500m², subject to the condition that if the municipality is convinced that there will not be any substantial negative impact, the coverage of 500m² for a land unit with an area larger than 1000m² may be increased, provided that such coverage does not exceed 40%.(b)Height(i)No building shall exceed a height of two storey’s, provided that where the slope of the grade-line is greater than 1 in 5, the owner may elect to regulate height in accordance with (ii) below;(ii)Where height is regulated in terms of this sub-section, no point on a building shall exceed a vertical distance of 6m in the case of a flat roofed building, or 8m in the case of a pitched roof building, above a point halfway on the grade line, provided that if it is a pitched roof building, only the roof structure may exceed a height of 6m.(c)Building lines(i)Street building lineThe street building line is determined as follows: Where the average depth of the land unit,• does not exceed 20m, the street building line is 3m, or• exceeds 20m and the street building line is a public road, the street building line is 4m.(ii)Side building lineThe side building line is 1,5m, subject to the provisions applicable in respect of all zones.(iii)Rear building lineThe rear building line is 2m, subject to the general provisions applicable with respect to all zones.(iv)Garages and carportsGarages and carports may be erected under the circumstances described in the general provisions, as applicable in respect of all zones.(v)Exceeding of building linesEaves may exceed the prescribed street or side building line by a maximum of 0,75m, and the municipality may approve of the erection of an outbuilding or second dwelling unit which exceeds a side building line, subject to the following:• that the street building line is adhered to;• that such building may not exceed the height of one storey;• that no doors or windows may be permitted in any wall of such building facing the relevant side boundary, and• that another entrance than through a building will be provided, at least 1m wide, from a street to each unbuilt part of the relevant land unit, excluding a courtyard.1.1.2Subdivision and density standardsThe following subdivision and density provisions shall apply:(a)Minimum subdivision size(i)The zoning map may designate areas within this zone where a minimum subdivision size is specified for a land unit.(ii)Where a minimum subdivision size is specified in terms of (a)(i) above, the net erf area of erven created by a new subdivision or any remainder to be zoned as residential zone 1, shall not be less than the minimum size specified.(b)Maximum density(i)The zoning map may designate areas within this zone where a maximum density is specified for a land unit, area or precinct.(ii)Where a maximum density is specified in terms of (b)(i) above, the gross density of development on the land unit, area or precinct shall not exceed the maximum density specified.1.1.3Home occupationThe following provisions shall apply where a portion of a dwelling house or dwelling unit is used for the purposes of home occupation:(a)the dominant use of the dwelling house or dwelling unit shall be for the living accommodation of a single family;(b)no portion of such dwelling, and no home occupation, shall be used for the purposes of a noxious trade, a risk activity or the sale of alcoholic beverages;(c)no goods for sale shall be publicly displayed and no external evidence of the home occupation shall be visible from the street, except for an advertising sign in accordance with (d);(d)no advertising sign shall be displayed other than a single un-illuminated sign or notice not projecting over a street, and such sign shall not exceed 2000cm² in area and shall indicate only the name, telephone number and profession or occupation of the occupant;(e)on-site parking must be provided at the satisfaction of the municipality;(f)the space used for an activity associated with a home occupation shall not occupy more than 25% of the total floor area of the dwelling on the land unit or 50m², whichever is the most restrictive;(g)no products, goods, or supplies connected with the home occupation may be stored on the land unit outside a building;(h)no more than four persons in total may be engaged in home occupation activities on a land unit, including the occupant or occupants and any assistants;(i)no more than one commercial vehicle with a gross weight exceeding 10 000 kg, may be utilised for the home occupation, provided that a vehicle used by an occupant exclusively for personal purposes shall not be regarded as a commercial vehicle;(j)the hours of operation shall not extend beyond the hours of 07h30 to 17h30, and(k)any new structure, or alteration to the existing dwelling or outbuilding, shall conform to the residential character of the area concerned.1.1.4Second dwelling unit, double dwelling houseIn granting its consent for a second dwelling unit or double dwelling house, the municipality may impose, but is not limited to, the following conditions:(a)total floor space of a second dwelling unit shall not exceed 120m², while the total floor space of a dwelling unit in a double dwelling house is not subject to this restriction;(b)a second dwelling unit shall be constructed in an architectural style, with external materials, finishes and colours, compatible to the main dwelling house;(c)a second dwelling unit shall not exceed one storey in height;(d)both dwelling units in a double dwelling house shall be designed to give the appearance of a single large dwelling house, and both units may have a ground storey or one unit may be on the ground storey and one on the storey above;(e)the municipality may stipulate minimum subdivision sizes and maximum density ratios for specified areas, as a requirement in granting consent for a second dwelling unit or double dwelling house;(f)the dwelling units in a double dwelling house may be separately alienated in terms of the Sectional Titles Act;(g)a second dwelling unit or a dwelling unit in a double dwelling house shall not be deemed as sufficient reason for the municipality to approve subdivision of the land unit containing a second dwelling or double dwelling;(h)coverage, including all buildings, shall be at most 66%;(i)at least one additional parking bay shall be provided on the land unit, and(j)the municipality’s relevant municipal services department has certified that capacity is available on the services network in the area in which such second dwelling or double dwelling house is to be constructed.1.1.5Bed and breakfast establishment, accommodation of lodgersIn granting its consent for a bed and breakfast establishment, or where rooms are let to lodgers by an occupant of a dwelling house, the municipality may impose, but is not limited to, the following conditions:(a)the dominant use of the land unit must remain as a dwelling for the living accommodation of a single family;(b)no more than three rooms per land unit shall be used for bedroom accommodation for paying guests or lodgers, who may be supplied with lodging or meals at any time;(c)a register of guests and lodgers must be kept, and completed when rooms are let, and the register must be produced for inspection on request by a municipality official;(d)every guest room must be attached to the dwelling house, or second dwelling unit, whichever is applicable;(e)guest rooms may not be converted to, or used as separate dwelling units;(f)only meals which are supplied to guests or lodgers who have lodging at the bed and breakfast establishment, are permitted;(g)no advertising sign shall be displayed other than a sign or notice not projecting over a public street, and such sign may not exceed 1m² in area;(h)on-site parking must be provided at the satisfaction of the municipality, subject to the parking areas being provided with a permanent dust free surface whether it be tar, concrete, paving or any other material, as approved by the municipality beforehand, and the parking bays need to be clearly demarcated, and(i)where a land unit contains both a bed and breakfast establishment and rooms which are available for letting to lodgers, no more than six persons are permitted at any one time, as paying guests or lodgers.1.1.6Day care centreIn granting approval for a day care centre, the municipality may impose, but is not limited to, the following conditions:(a)no more than 20 children shall be enrolled at the day care centre at any time, and(b)a minimum area of indoor play space and outdoor play space shall be provided in accordance with the following table:| Indoor Play Space | Outdoor Play Space |
|---|---|
| 1.8m² per child, of which not more than one third may be enclosed veranda space. |
4.5m² per child, to be fenced off from any public street |
Residential Zone 2: Medium density (R2)
Colour notation: Yellow.Objective:The objective of this zone is to provide development on relatively small erven and to protect the quality and character of such areas. Limited provision of employment and additional accommodation opportunities are possible, provided that the dominant use of the land remains residential and the impact of such uses does not adversely affect the surrounding residential area.1.2Use of land:The following use restrictions apply to land in this zone:(a)Primary use: dwelling house.(b)Consent uses: second dwelling, bed and breakfast establishment, day care centre, guest house, house shop, house tavern, home occupation.(c)Additional use rights: The letting out of rooms in the dwelling house by an occupant of the dwelling house subject to paragraph 1.2.5.1.2.1Land use provisions:The following land use provisions apply:(a)CoverageThe maximum coverage is 60%.(b)Height(i)The maximum height of buildings is two storey’s, provided that where the slope of the grade-line is greater than 1 in 5, the owner may elect to regulate height in accordance with sub-section (ii) below;(ii)Where height is regulated in terms of this sub-section, no point on a building shall exceed a vertical distance of 6m in the case of a flat roofed building, or 8m in the case of a pitched roof building, above a point halfway on the grade line, provided that if it is a pitched roof building, only the roof structure may exceed a height of 6m.(c)Building lines(i)Street building lineThe street building line is 2m and is subject to the general provisions applicable to all zones.(ii)Side building lineThe side building line is 1m and is subject to the general provisions applicable to all zones.(iii)Rear building lineThe rear building line is 1m and is subject to the general provisions applicable to all zones.(d)Window and door placementAny portion of a building which contains a window or door facing directly onto a side or rear boundary, shall comply to the safety distance as determined by the National Building Regulations. The portion of the building required to be placed back from the boundary shall include the window or door, together with such additional length of wall as is required to make up a total length of at least 3m.(e)Garages and carportsGarages and carports may be erected under the circumstances described in the general provisions applicable to all zones.(f)Parking and accessParking and access must be provided on the land unit in accordance with the provisions of paragraph 13.1 applicable to all zones.1.2.2Subdivision and density standardsThe following subdivision and density provisions shall apply:(a)Minimum subdivision area(i)The zoning map may designate areas within this zone where a minimum subdivision size is specified for a land unit;(ii)Where a minimum subdivision size is specified in terms of (a) (i) above, the nett erf area of erven created by a new subdivision or any remainder to be zoned as residential zone 2, shall not be less than the minimum size specified.(b)Maximum density(i)The zoning map may designate areas within this zone where a maximum density is specified for a land unit, area or precinct;(ii)Where a maximum density is specified in terms of (b)(i) above, the gross density of development on a land unit, area or precinct shall not exceed the maximum density specified.1.2.3Second dwelling unit, double dwelling houseThe land use provisions applicable to a second dwelling unit and double dwelling house in this zone shall be the same as those applicable in the residential zone 1.1.2.4Home occupationThe land use provisions applicable to home occupation in this zone shall be the same as those applicable in residential zone 1; provided that no more than 4 persons in total may be engaged in home occupation activities on a land unit, including the occupant or occupants and any assistants.1.2.5Bed and breakfast establishment, accommodation of lodgersThe land use provisions applicable to a bed and breakfast establishment and lodgers in a residential zone 1 shall also apply in this zone.1.2.6Day care centreIn granting its consent for a day care centre, the municipality may impose, but is not limited to, the following conditions:(a)no more than 20 children may be enrolled with the day care centre at a time.(b)a minimum area of indoor play space and outdoor play space shall be provided in accordance with the following table:| Indoor Play Space | Outdoor Play Space |
|---|---|
| 1.8m² per child, of which not more veranda space. |
4.5m² per child, to be fenced off from any public street |
Residential Zone 3: High density (R3) Estate housing
Density: 40 units per hectare gross.Colour notations: Yellow.Ojective:The objective of this zone is to provide a high degree of flexibility for low to medium density residential projects which have integrated site and design features, and which require individual design solutions and individually tailored development control provisions. This zone does not accommodate a resort, but is particularly suitable for residential estates that are governed by a home owners’ association, with access control and co-ordinated design requirements (such as golf estates, equestrian estates and residential marinas).1.3Use of land:The following use restrictions apply to land in this zone:(a)Primary uses: dwelling house, private open space.(b)Consent uses: group housing, town housing, flats, hotel, restaurant, place of assembly, home occupation.1.3.1 Land use provisions:The following land use provisions shall apply:(a)the municipality may stipulate conditions with regard to the use of buildings and land, density, height, coverage, layout, building design, open space, landscaping, parking, access and environmental management;(b)a site development plan must be submitted at the satisfaction of the municipality;(c)the constitution for a home owners’ association must be submitted at the satisfaction of the municipality, and all owners of land within this zone shall be members of an approved home owners’ association;(d)architectural guidelines and a system of architectural control must be submitted at the satisfaction of the municipality;(e)an environmental management plan must be submitted at the satisfaction of the municipality, and(f)the land unit must be developed:(i)in accordance with the site development plan, architectural guidelines and environmental management plan as approved by the municipality, and(ii)at the satisfaction of the municipality.1.3.2Home occupationThe municipality may grant its consent for home occupation in this zone provided that:(a)no consent application shall be considered unless the owner has obtained the prior written comment of the relevant home owners’ association, and;(b)if the municipality grants its consent, such consent will be subject to the same conditions applicable in residential zones 1 and 2 relating to a dwelling house or dwelling unit which is used for the purpose of home occupation, and the municipality may also impose additional conditions which may be even more restrictive.Residential Zone 4: Incremental housing (R4)
Density: Maximum 100 units per hectare, gross.Colour notation: Yellow.Objective:The objective of this zone is to allow for upgrading and incremental housing transforming informal settlements into formal settlements. In recognition of the realities of poor and marginalized communities, land use provisions are not restrictive and local employment generation is encouraged within this zone. Once the upgrading of an area has reached an appropriate stage, as determined by the municipality, it is contemplated that the area may be rezoned to a residential zone 2 zone or another such zone.1.4 Use of land:The following use restrictions apply to land in this zone:(a)Primary uses: dwelling house, second dwelling unit, bed and breakfast establishment, shelter.(b)Consent uses: double dwelling house, day care centre, place of instruction, house tavern, house shop, home occupation.1.4.1Land use provisions:The following land use provisions shall apply:(a) CoverageThe maximum coverage is 80%.(b)HeightNo building shall exceed a height of two storey’s.(c)Building lines(i)Street building lineThe street building line is 1m.(ii)Side building lineIf the municipality is satisfied that adequate fire protection measures exist, a land unit may have a zero side building line on one side boundary, provided that there is at least a 1m side building line on the other side boundary, and that the combined distance between two structures on adjacent land units amounts to 2m. If, in the municipality’s opinion, there are inadequate fire protection measures on the land unit, the side building line shall be at least 1m from both side boundaries.(iii)Rear building lineThe rear building line is 1m, provided further that if a mid-block sewerage system is installed, a rear building line of 2m may be imposed by the municipality.(d)Garages and carportsGarages and carports may be erected under the circumstances described in the general provisions, as applicable in respect of all zones.(e)Parking and access(i)Parking shall be provided on the land unit in accordance with the following table:| Use of land or building | Parking standard |
|---|---|
| Shelter | No parking required |
| Dwelling house, double dwelling house |
One parking bay if required by the municipality |
| Second dwelling unit, home occupation, bed and breakfast establishment |
As required by the municipality |
| Place of instruction, place of worship, House shop, house tavern |
As required by the municipality |
Chapter 2
GENERAL RESIDENTIAL ZONES
General Policy Statement:The following general policies and principles shall apply in the General Residential Zones unless these policies and principles are superseded by an approved spatial development framework or spatial development plan:(i)Higher density residential development needs to be encouraged in suitable areas to help manage the pressure of urban growth and reduce urban sprawl. The general residential zones aim to provide a healthy, safe and pleasant environment for urban living at higher densities;(ii)The general residential zones are designed to provide opportunities for multi-family residential development at a variety of densities;(iii)Within the general residential zones there are controlled opportunities for home occupation and low intensity mixed use development. However, it is important to balance these needs with the need to protect the character and amenity of the residential area.General Residential Zone 1: Group housing (GR1)Density: Maximum 30 units per hectare gross.Colour notation: Orange.Objective:The objective of this zone is to encourage residential development of a medium density, with a co-ordinated design, and to accommodate group housing where special attention is given to aesthetics, architectural form and the interrelationship between components of the group housing scheme.2.1.Use of land:The following use restrictions apply to land in this zone:(a)Primary use: group housing, dwelling house.(b)Consent use: home occupation.2.1.1Land use provisions:The following land use provisions shall apply to group housing sites:(a)Design principles(i)The principles that are reflected in the definition of "group housing", must be closely followed and implemented;(ii)Special attention must be given to aesthetics, architectural co-ordination, urban design and landscaping.(b)DensityThe maximum gross density for group housing sites shall be 30 dwelling units per hectare.(c) Height(i)No building shall exceed a height of two storey’s, provided that where the slope of the grade-line is greater than 1 in 5, the owner may elect to regulate height in accordance with (ii) below;(ii)Where height is regulated in terms of this sub-section, no point on a building shall exceed a vertical distance of 6m in the case of a flat roofed building, or 8m in the case of a pitched roof building, above a point halfway on the grade line, provided that if it is a pitched roof building, only the roof structure may exceed a height of 6m.(d)Open space(i)Each dwelling unit shall have access to an outdoor living area, which may include private, public or communal open space but excludes roads, service yards and parking areas;(ii)A minimum outdoor living area of 50m2 per dwelling unit shall be provided on the erf containing the dwelling unit, and a minimum of 50m2 per dwelling unit shall be provided as public or communal open space within the group housing site;(iii)Where there is no distinction between public or communal open space, and an outdoor living area is provided on each erf, the open space requirements shall be replaced by a combined open space requirement of at least 100m2 per dwelling unit within the group housing site;(iv)If, in the opinion of the municipality, sufficient outdoor living area has been provided on each erf, where public or communal open space has been provided appropriately in the environment (partly or completely), the minimum requirements for public or communal open space per dwelling unit may be decreased.(e)Service yardA service yard shall be provided for each dwelling unit, or a combined service yard may be provided for several units. Service yards shall be of an adequate area and screened by a wall, at the satisfaction of the municipality.(f)Store roomA store room with a minimum inner floor space of 2m2 must be provided on each group erf if no lock-up garage is provided on the erf.(g)Building lines(i)Street building lines shall be 2m to ensure safe parking and traffic circulation;(ii) Side and rear building lines• Internal side and rear building lines may be zero unless the municipality requires a building line for firefighting purposes, and• where a group housing site abuts on another zone or another group housing site, the side and rear building lines shall be 2m.(h)Parking and access(i)Parking and access shall be provided in accordance with paragraph 13.1;(ii)at least two parking bays are required per group house; both can be provided at such group house, or some of the required number of parking bays at some of the group houses and the rest in the form of communal parking for the relevant group housing scheme, or the total requirement in the form of communal parking.(i)Internal street widthThe minimum internal road reserve width is 8m, provided that the municipality may require a greater road reserve width where it is of the opinion that the vehicular use or length of road justifies greater road reserve width.2.1.2Site development planA site development plan of the proposed group housing scheme, must be submitted at the satisfaction of the municipality, and the municipality’s approval in respect of the proposed development must be attained in terms of paragraph 12.6.2.1.3Proximity of group housing schemesThe municipality shall not approve the establishment of an additional group housing scheme adjacent to, or in close proximity to, an existing group housing scheme unless, in its opinion, the following minimum conditions are adhered to:(a)Adequate provision must be made outside any walls surrounding the additional group housing scheme for landscaping, either on the group housing site, in the road reserve, or on public open space in the vicinity of the group housing site;(b)any boundary walls or fences situated between the additional group housing site and a public street, must be designed and constructed to allow adequate visual contact between the additional group housing site and the public street, and(c)a plan, acceptable to the municipality, must be prepared, which co-ordinates the provision of public amenities, including community facilities, public streets, public open space and public transport requirements.2.1.4Home occupationThe municipality may grant its consent for home occupation in this zone, provided that:(a)no consent application shall be considered unless the owner has obtained the prior written comment of the relevant home owners’ association, and(b)if the municipality grants its consent, such consent will be subject to the same conditions applicable to single residential zones 1 and relating to a dwelling house or dwelling unit which is used for the purpose of home occupation, and the municipality may also impose additional conditions which may be even more restrictive.General Residential Zone 2: Town housing (GR2)Density: Maximum 50 units per hectare gross.Colour notation: Orange with black hatching.Objective:The objective of this zone is to encourage residential development of a greater density than for general residential zone 1 while retaining the emphasis on design co-ordination and a modest scale in terms of height. Opportunities are also provided for small-scale integration of flats within the co-ordinated scheme.2.2Use of land:The following use restrictions apply to land in this zone:(a)Primary use: town housing, dwelling house.(b)Consent uses: flats, home occupation.2.2.1Land use provisions:The following land use provisions shall apply to town housing development:(a)Design principles(i)The principles which are reflected in the definition of "town housing", shall be closely followed and implemented;(ii)Special attention shall be given to aesthetics, architectural co-ordination, urban design and landscaping.(b)DensityThe maximum gross density for town housing sites shall be 50 units per hectare.(c)CoverageThe maximum coverage is 50%.(d)Height(i)No building shall exceed a height of 3 storey’s, provided that where the slope of the grade-line is greater than 1 in 5, the owner may elect to regulate height in accordance with (ii) below;(ii)Where height is regulated in terms of this sub-section, no point on a building shall exceed a vertical distance of 9m in the case of a flat roofed building, or 11m in the case of a pitched roof building, above a point halfway on the grade line, provided that if it is a pitched roof building, only the roof structure may exceed a height of 9m.(e)Building lines(i)Street building lines shall be 2m to ensure safe parking and traffic circulation;(ii)Side and rear building lines• internal side and rear building lines may be zero except if the municipality requires a building line for firefighting purposes, and• where a town housing site abuts another zone or another town housing site, the side and rear building lines shall be 2m(f)Parking and access(i)Parking and access shall be provided in accordance with paragraph 13.1;(ii)at least two parking bays are required per town house; both can be provided at such town house, or some of the required number of parking bays at some of the town houses and the rest in the form of communal parking for the relevant town housing scheme or the total requirement in the form of communal parking.(g)Internal street widthThe minimum internal road reserve width is 8m provided that the municipality may require a greater road reserve width where it is of the opinion that the vehicular use or length of road justifies such greater road reserve width.2.2.2Site development planA site development plan of the proposed town housing scheme must be submitted to the municipality and the municipality’s approval thereof, in terms of paragraph 12.6, obtained.2.2.3Home occupationThe municipality may grant its consent for home occupation in this zone provided that:(a)no consent application shall be considered unless the owner has obtained prior written comment of the relevant home owners’ association, and(b)if the municipality grants its consent, such consent will be subject to the same conditions applicable in single residential zones 1 and relating to a dwelling house or dwelling unit which is used for the purpose of home occupation, and the municipality may also impose additional conditions which may be even more restrictive.General Residential Zone 3: Flats (GR3)Density: Maximum floor factor of 2.0.Colour notation: Orange with black cross hatching.Objective:The objective of this zone is to encourage higher density residential development and multi-family buildings of medium height.2.3Use of land:The following use restrictions apply to land in this zone:(a)Primary uses: flats, guest house, boarding house, dwelling house, group housing, town housing.(b)Consent uses: shop, lodge, institution, place of instruction, place of assembly, home occupation, transmission tower, rooftop base station.2.3.1Land use provisionsThe following land use provisions shall apply to flats, boarding houses and guest houses.(a)Floor factorThe floor factor shall not exceed 2.0.(b) CoverageThe maximum coverage is 40%.(c)HeightNo building shall exceed a total height of 21m.(d)Building lines(i)Street building lineThe street building line is 5m.(ii)Side and rear building linesSide and rear building lines shall be 5m.(e)Open space(i)Every block of flats, boarding house, lodge, guest house or, for any other land use in this zone, each dwelling unit, shall have access to an outdoor living area, which may include private or communal open space but excludes roads, service yards and parking areas;(ii)A minimum outdoor living area of 10% of the gross land unit area shall be provided;(iii)The outdoor living area may include an open courtyard within the complex and shall have reasonable dimensions and be situated where it can be used equitably by all occupants.(f)Parking and accessParking and access shall be provided on the land unit in accordance with paragraph 13.1.2.3.2Site development planThe municipality may require a site development plan to be submitted to its satisfaction in terms of paragraph 12.6 for consideration and approval, provided that the municipality may require amendments to the site development plan to address reasonable concerns relating to access, parking, architectural form, urban design, landscaping, engineering services or similar matters.2.3.3Group housingThe land use provisions applicable to group housing in general residential zone 1 shall also apply to group housing in this zone.2.3.4Town housingThe land use provisions applicable to town housing in the general residential zone 2 shall also apply to town housing in this zone.2.3.5Institutions, places of instruction, places of assemblyThe land use provisions which respectively apply to an institution, place of instruction and a place of assembly in community zone 1 shall also apply in this zone. However, in cases where the institution, place of instruction or place of assembly is situated within a building that is also used for flats or a boarding house, the coverage, height and building line requirements for the flats or boarding house shall apply.2.3.6Home occupationThe municipality may grant its consent for home occupation in this zone provided that:(a)no consent application shall be considered unless the owner has obtained the prior written comment of the relevant home owners’ association, and(b)if the municipality grants its consent, such consent will be subject to the same conditions applicable in single residential zones 1 and 2 relating to a dwelling house or dwelling unit which is used for the purpose of home occupation, and the municipality may also impose additional conditions which may be even more restrictive.2.3.7ShopThe municipality may grant a consent use for a shop to be incorporated within the ground floor of a block of flats, provided that the gross leasable area of the shop does not exceed 500m² or 25% of the floor space of the ground floor, whichever is the lesser.2.3.8Rooftop base stationA rooftop base station’s antenna support structure or equipment room that is not part of the building may not extend more than 2,5m in height above the top of the building to which it is attached without the prior approval of the municipality, within any zone in terms of this zoning scheme.Chapter 3
BUSINESS ZONES
General Policy Statement:The following general policies and principles shall apply in the business zones unless these policies and principles are superseded by an approved spatial development framework or spatial development plan:(i)The business zones are designed to provide locations for a wide range of economic activities, and to include mixed land uses such as residential and community development. Different business zones permit different levels of development intensity;(ii)Provisions are included to encourage, where appropriate, the use of detailed urban design criteria to achieve specific urban environments and mix of uses;(iii)The business zones are intended to be in context with the scale and intensity of development in the surrounding area. Low intensity business zones are appropriate for local neighbourhood shops, while high intensity business centres are appropriate for a central business district that accommodates a full range of compatible land uses;(iv)Particular business zones are provided for petrol filling stations and associated development because of important road access implications.Business Zone 1: General business (BZ1)Colour notation: Blue.Objective:The objective of this zone is to provide for mixed use development, general business activities and intensive business opportunity with relatively few restrictions in order to promote urban viability and economic growth.3.1. Use of land:The following use restrictions apply to land in this zone:(a)Primary uses: business premises, flats, offices, office park, restaurant, service trade, public parking, animal hospital, nursery, transmission tower, rooftop base station, wine shop.(b)Consent uses: service station, hotel, funeral parlour, car wash, residential building, place of assembly, place of entertainment, adult entertainment enterprise, institution, bottle store.3.1.1Land use provisions:The following land use provisions apply:(a)Floor factorThe floor factor of the land unit shall not exceed 3.0.(b)CoverageThe maximum coverage is 100%.(c) Height(i)No building may exceed a height of 6 storey’s;(ii)Notwithstanding the definition of a "storey", the ground storey of a building in business zone 1 may extend 4m from the surface of the ground floor to the surface of the next floor above.(d)Setback(i)The municipality may require that all buildings or structures on the land unit are set back at least 8m from the centre line of the abutting public street or streets;(ii)The provisions of paragraph 12.1 shall apply.(e) Street building lineThe street building line is zero subject to the following:(i)the setback regulation;(ii)a 5m street building line may be required where the street boundary abuts a declared road, and(iii)minor architectural and sun screen features may project or extend beyond the street building line provided that such features are situated above the ground storey and do not project more than 1000mm into the street.(f)Side and rear building lineThe side and rear building lines may be zero, provided that:(i)a building or portion of a building which is erected on the side boundary of a land unit shall have no doors, windows, ventilation openings or other openings inserted in any wall on such boundary, unless the municipality is satisfied that such opening will not adversely affect any future development on adjacent land units, and(ii)where the side boundary of a business zone 1 land unit abuts a residential zone land unit, the side building line on the business zone 1 shall be 3m from that side of the rear or side boundary, subject to paragraph 12.1.(g)Canopies or balconiesThe municipality may require, and may permit, a canopy or balcony projection over the street boundary in accordance with the conditions stipulated for a canopy or balcony projection in business zone 2.(h)Projection over the street boundaryNotwithstanding the street building line, the municipality may permit a projection of the building over the street boundary subject to the following conditions:(i)The projection may not encroach over the 1,5m street boundary;(ii)The projection may extend from the building at a level between the ground storey and the storey above that, or if not, then one storey higher;(iii)The ground floor level of the projection shall be used exclusively as a public pedestrian way, with or without a colonnade;(iv)The projection shall provide at least 2,8m clearance above the level of the pavement,(v)The floor space of the additional storey that may be erected over the ground floor level of the projection shall not be included in the calculation of maximum floor space.(i)Public pedestrian way along the street boundaryIf the owner provides a public pedestrian way of at least 3m wide on the land unit, which is situated alongside the street boundary, is open to a public street and is accessible to the public at all times, the maximum floor space of a building which contains a public pedestrian way, may be increased by twice the area of the public pedestrian way.(j)Street cornersThe municipality may require that the owner of a building, situated at a public street corner which the municipality considers to be significant, shall incorporate in the building architectural features which focus visual interest on the corner, and which emphasize the importance of pedestrian movement around the corner. Such features may include building cut-offs, walkthrough covered arcades, plazas or other elements.(k)Parking and access(i)Parking and access shall be provided on the land unit in accordance with paragraph 13.1. Primary use, excluding places of assembly: 4 parking bays per 100m² of the total floor space shall be provided;(ii)Places of assembly: one parking bay for every 4 seats provided in the building.For the purpose of loading and off-loading goods from vehicles, space or spaces shall be provided on the site and at the satisfaction of the municipality as follows:| Total floor space of building (to nearest m² ) |
Required loading and off-loading area |
|---|---|
| 0– 2 500m² | 1 loading bay |
| 2 501– 5 000m² | 2 loading bays |
| 5 001–10 000m² | 3 loading bays |
| Each additional 10 000m² or portion thereof |
1 additional loading bay |
Chapter 4
INDUSTRIAL ZONES
General Policy Statement:The following general policies and principles shall apply in the industrial zones unless these policies and principles are superseded by an approved spatial development framework or spatial development plan.(i)The industrial zones are designed to accommodate manufacturing and related industrial processes. These cover a wide range of uses, from light industrial uses which have limited impact on surrounding areas, to hazardous or noxious uses which have a potentially high impact and need to be carefully managed;(ii)The different zones are based on the degree of potential impacts resulting from the different activities and processing of materials, including impacts associated with noxious, risk and extractive processes;(iii)Industrial development often has particular requirements in terms of road and waste infrastructure, and it is important for industrially zoned land to remain reserved for industrial purposes so that optimal utilisation of this infrastructure can be ensured;(iv)Limited opportunities are given for consent uses associated with industrial areas, such as factory shops.Industrial Zone 1: Light industry (IND1)Colour notation: Purple with black hatching.Objective:The objective of this zone is to accommodate industrial uses and service trades that may be exercised without nuisance to other land or the general public. Such uses may be located next to business uses and in close proximity to residential areas, and do not present a potentially negative impact on the character or amenity of such areas.4.1.Use of land:The following use restrictions apply to land in this zone:(a)Primary uses: service trade, industrial hive, warehouse, car wash, restaurant, service station, public parking, transmission tower, rooftop base station.(b)Consent uses: industry, public garage, shop, bottle store, offices, office park, adult entertainment enterprise.(c)Additional use rights:The occupants of industrial or service trade premises may sell goods which have been completely or partially manufactured on the land unit, and such other goods as the municipality may permit, provided that:(i)the total floor space devoted to the sale of goods shall not exceed 10% of the total floor space of all the buildings on the land unit, and(ii)such other goods that are offered for sale but that have not been manufactured on the land, are connected with the goods that are manufactured or partially completed on the land.4.1.1Land use provisions:The following land use provisions apply (except in regard to service stations and industrial hives):(a)Floor factorThe floor factor on the land unit shall not exceed 1.5.(b)CoverageThe maximum coverage is 75%.(c) Height(i)No height restriction applies to an industry, service trade, or warehouse;(ii)Other buildings shall not exceed 10m in height measured from a point halfway on the grade-line, provided that where a greater height is shown to be important for the function of a building, the municipality may grant permission for such greater height.(d)Street building lineThe street building line is 5m, subject to paragraph 12.1.(e)Side building line(i)Where an external wall is constructed of brick, cement bricks or concrete and there are no openings in such external wall, and the land unit abuts another industrial zone, a zero building line is permitted;(ii)Where the land unit abuts a zone that is not an industrial zone, a 3m side building line or the building line as applicable in that specific zone, whichever is the largest, shall apply;(iii)In all other cases a 3m side building line shall apply.(f)Rear building line(i)No building shall be erected closer than 3m to the rear boundary;(ii)In cases where a building extends to both side building lines, and there is no other means of obtaining access to the rear of the land unit, other than through the building, at least one opening in the external wall of the building shall be provided to the rear boundary, and such opening shall be protected by automatic fire shutters at the satisfaction of the municipality.(g)Boundary wallsWhere a land unit has a common boundary with another land unit that is not zoned for industrial purposes, the municipality may require a 1,8m high wall to be erected along the boundary to its satisfaction.(h)Parking and accessParking shall be provided in accordance with the following table as well as paragraph 13.1:The number of parking bays to be provided on the premises, shall bare relation to the total floor area of the building and the total number of employees on the premises or a part thereof:| Parking bays in relation to the floor area of the building | |
|---|---|
| 1 Parking bay for every 100m² floor area or part thereof up to 1 500m² ,and | |
| 1 Parking bay for every 200m² floor area or part thereof above 1 500m². | |
| 25% of the abovementioned parking bays shall be set aside for use by visitors and must be indicated as such by means of road signs. |
| Parking bays in relation to the number of employees on the premises | |
|---|---|
| Up to 25 employees. | 1 parking bay for every 4 persons or part thereof |
| Thereafter, for the next 25 Employees. |
1 parking bay for every 5 persons or part thereof. |
| Thereafter, for the next 50 Employees |
1 parking bay for every 10 persons or part thereof. |
| Thereafter, for any further number of employees |
1 parking bay for every 25 persons or part thereof. |
| Total floor space of building (to nearest m²) |
Required loading and off-loading area |
|---|---|
| 0–2 500m² | 1 loading bay |
| 2 501–5 000m² | 2 loading bays |
| 5 001–10 000m² | 3 loading bays |
| Every additional 10 000m² or portion thereof |
1 additional loading bay |
| Parking bays in relation to floor area of the building | |
|---|---|
| 1 Parking bay for every 100m² floor area or part thereof up to 1 500m² ,and | |
| 1 Parking bay for every 200m2 floor area or part thereof above 1 500m² | |
| 25% of the abovementioned parking bays shall be set aside for use by visitors and must be indicated as such by means of road signs. |
| Parking bays in relation to the number of employees on the premises | |
|---|---|
| Up to 25 employees | 1 parking bay for every 4 persons or part thereof |
| Thereafter, for the next 25 Employees |
1 parking bay for every 5 persons or part thereof |
| Thereafter, for the next 50 Employees |
1 parking bay for every 10 persons or part thereof |
| Thereafter, for any further number of employees |
1 parking bay for every 25 persons or part thereof |
| Total floor space of building (to nearest m²) |
Required loading and off-loading area |
|---|---|
| 0–2 500m² | 1 loading bay |
| 2 501–5 000m² | 2 loading bays |
| 5 001–10 000m² | 3 loading bays |
| Every additional 10 000m² or portion thereof |
1 additional loading bay |