Schedule 1
Use Zones Table
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Zoning |
Primary uses |
Consent use |
AGRICULTURAL ZONES |
Agricultural Zone I (AZI) |
The objective of this zone is to promote and protect agriculture on farms as an important economic, environmental and cultural resource. Limited provision is made for non-agricultural uses to provide rural communities in more remote areas with the opportunity to increase the economic potential of their properties, provided these uses do not present a significant negative impact on the primary agricultural resource. |
Primary uses.Agriculture
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Consent use.Abattoir.Additional dwelling units.Airfield.Agricultural Industry larger than 2000m².Animal care centre.Aqua-culture.Camping site more than 6 stands.Cemetery (Estate).Farm shop.Farmers Market.Freestanding base telecommunication station.Function venue.Guest house.Helicopter landing pad.Off-road trail.Plant nursery.Quarry.Radio control flying airfield.Renewable energy structure.Shooting range.Tourist accommodation.Tourist facilities
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Zoning |
Primary uses |
Consent use |
AGRICULTURAL ZONES |
Agricultural Zone I (AZII) |
The objective of this zone is toaccommodate larger residentialproperties, which may be usedfor limited agriculture, butprimarily serve as places ofresidence for people who seek arural lifestyle. Such propertiesare often found close to townsand villages, and newsmallholding areas should onlybe permitted within anacknowledged, demarcatedurban area.
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Primary uses. Smallholding
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Consent use. Abattoir. Additional dwelling units. Airfield. Agricultural Industry largerthan 1000m². Animal care centre. Aqua-culture. Camping site more than 6stands. Cemetery (Estate). Farm shop. Farmers Market. Freestanding basetelecommunication station. Function venue. Guest house. Helicopter landing pad. Off-road trail. Plant nursery. Quarry. Radio operated airfield. Renewable energy structure. Shooting range. Tourist accommodation. Tourist facilities. Utility service
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Agricultural Zone I (AZIII) |
The purpose of this zone is tosupport the government’s ruralland development programmeand provide for the establishmentof worker accommodationoutside conventional towns.
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Primary uses. Agri-village
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Consent use. Cemetery (Estate). Farm shop. Farmers market. Freestanding basetelecommunication station. Shop not larger than 200m². Renewable energy structure. Rooftop basetelecommunication station. Tourist accommodation. Tourist facilities. Utility services
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Zoning |
Primary uses |
Consent use |
SINGLE RESIDENTIAL ZONES |
Single Residential Zone I (SRZI) |
The objective of this zone is toprovide for residentialdevelopment where thepredominant type ofaccommodation is a dwelling unitfor a single family, where eachdwelling has its own land unit,and adequate outdoor space.Limited employment andadditional accommodationopportunities are possible asprimary or Consent uses,provided that the dominant use ofthe property remains residential,and impacts of such uses do notadversely affect the quality andcharacter of the surroundingresidential environment.
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Primary uses. Dwelling unit
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Consent uses. Crèche. Guest house. Halfway house. Home care facility. House shop. Place of instruction. Second dwelling unit
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Single Residential Zone II (SRZII) |
The objective of this zone is toprovide a high degree of flexibilityfor low- to medium-densityresidential projects which haveintegrated site and designfeatures, and which requireindividual design solutions andindividually tailored developmentcontrol provisions. This zoneshould not accommodate aresort, but is particularly suitablefor residential estates that aregoverned by a property owners'association, with access controland coordinated designrequirements (such as golfestates, equestrian estates andresidential marinas).
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Primary uses. Estate housing
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Consent uses. Child care facility. Home Care Facility. Home occupation. Rooftop base telecommunication station. Sport and Recreation Facility. Wellness Centre
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Single Residential Zone III (SRZIII) |
The objective of this zone is toprovide for upgrading andincremental housing frominformal settlements to formalsettlements and also to allowformal as well as informalhousing types on a single erf. Inrecognition of the realities of poorand marginalised communities,development managementlocal employment generation isencouraged within this zone.
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Primary uses. Dwelling unit. Shelters. Crèche. Halfway house. Home care facility. Home occupation. House shop. Second dwelling unit
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General Residential Zone I (GRZI) |
The objective of this zone isto facilitate low intensitydensification in designated areas,which will not have an adverseeffect on the character of theexisting built area and maycontribute to the optimalutilisation of land andinfrastructure. The residentialdevelopment consists of twodwelling units in a singlestructure, each of which mayaccommodate a single family.Individual ownership of the unitswill be allowed through asectional title scheme.Architecturally, the dwelling unitswill be uniform and will bedeveloped to the same scale andextent.
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Primary uses. Double dwelling unit
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Consent uses. Guest House. Home care facility. Home occupation
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General Residential Zone II (GRZII) |
The objective of this zone is toencourage residentialdevelopment of a mediumdensity, with a coordinateddesign, and to accommodategroup housing where specialattention is given to aesthetics,architectural form and the inter-relationship betweencomponents of the group housingscheme. Group housing may belocated in single residential areasin places where an increaseddensity is desirable, includingalong main roads, near localshopping centres and otheractivity nodes, and alsopreferably near to public openspaces.
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Primary uses. Group housing
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Consent uses. Flats. Home care facility. Home occupation. Retirement resort. Sport and recreation facility. Wellness centre
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General Residential Zone III (GRZIII) |
The objective of this zone isto encourage residentialdevelopment of a greater densitythan for General ResidentialZone II, while retaining theemphasis on design coordinationand a modest scale in terms ofheight. This zone has particularlocation requirements, such asproximity to transport andamenities, and should not berandomly located without dueconsideration of the availability ofopen space and communityfacilities. Town housing may belocated in and around centralbusiness areas, near highdensity nodes and along activityaxis such as railway lines andmain traffic routes, where flatsare often found.
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Primary uses. Town housing
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Consent uses. Flats. Home care facility. Home occupation. Retirement resort. Sport and recreation facility. Wellness centre
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General Residential Zone IV (GRZIV) |
The objective of this zone is topromote higher densityresidential development. Thedominant use within this zonemust be residential, but limitedmixed-use development ispossible with the Municipality’sconsent. This zone has particularlocation requirements, such asproximity to transport andamenities, and should not berandomly located without dueconsideration of the availability ofopen space and communityfacilities.
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Primary uses. Flats
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Consent uses. Accommodation. Boarding accommodation. Convenience shop. Home occupation. Renewable energy structure. Retirement resort. Rooftop base telecommunication station. Wellness centre
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General Residential Zone V (GRZV) |
The objective of this zone is toprovide a temporary residencefor transient guests in anappropriately scaledestablishment where lodging andmeals are provided and whichmay include a small conference/training facility that also caters forbusiness meetings.
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Primary uses. Guest lodge
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Consent uses. Backpackers’ accommodation. Camping site. Convenience shop. Restaurant. Tourist facility. Wellness centre
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General Residential Zone VI (GRZVI) |
The objective of this zone is toprovide a temporary residencefor transient guests, wherelodging and meals are provided,and may include a restaurant andconference facilities. Outsidetowns it should only beconsidered in identified tourismareas or within resorts.
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Primary uses. Hotel
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Consent uses. Backpackers’ accommodation. Gambling place. Renewable energy structure. Rooftop base telecommunication station. Shop. Sport and recreation facility
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BUSINESS ZONES |
Business Zone I (BZI) |
The objective of this zone is toprovide for intensive businessand mixed-use development withrelatively few restrictions in orderto promote urban vitality andeconomic growth.
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Primary uses. Business premises
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Consent uses. Adult entertainment. Adult services. Adult shop. Dwelling unit. Flats on ground floor. Freestanding basetelecommunication station. Gambling Place. Helicopter landing pad. Informal trading. Liquor store. Motor repair garage. Open air motor vehicle display. Place of entertainment. Place of instruction. Place of worship. Renewable energy structure. Warehouse
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Business Zone II (BZII) |
The objective of this zone is toprovide for the retail sale ofgoods and services to the public.
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Primary uses. Shop
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Consent uses. Adult shop. Conference facility. Dwelling unit. Flats on ground floor. Freestanding base telecommunication station. Liquor store. Open air motor vehicle display. Place of assembly. Place of entertainment. Place of instruction. Place of leisure. Place of worship. Renewable energy structure. Restaurant. Rooftop base telecommunication station. Service station. Supermarket
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Business Zone III (BZIII) |
The objective of this zone is toprovide for low intensitycommercial and mixed-usedevelopment, which serves localneighbourhood needs forconvenience goods and personalservices. Such developmentshould be limited in scale andnature and capable of integrationinto the adjacent residentialneighbourhood, withoutadversely affecting the amenityof the residential neighbourhood.While mixed use development isencouraged, care must be takennot to compromise businessoperations.
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Primary uses. Neighbourhood shop
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Consent uses. Dwelling unit. Flats on ground floor. Liquor store. Offices. Rooftop base telecommunication station. Service trade. Sport and recreation centre. Supermarket. Wellness centre
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Business Zone IV (BZIV) |
The objective of this zone is toprovide an intermediate zone,which can, if required, act as abuffer or interface between high-and medium-intensity businesszones, and residential zones.Retail activities are limited tothose which are ancillary to thedominant permitted uses, namelyoffices. In order to protect theamenity of adjacent residentialareas, appropriate levels oflandscaping and environmentalmanagement are required.
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Primary uses. Offices
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Consent uses. Dwelling unit. Flats. Institution. Place of assembly. Place of entertainment. Place of instruction. Place of leisure. Renewable energy structure. Restaurant. Rooftop basetelecommunication station. Sport and recreation centre. Shop. Supermarket. Wellness centre
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Business Zone V (BZV) |
The objective of this zone is toprovide for large-scale regionalretail facilities that exceed thefloor area of shops andsupermarkets aimed at the localmarket in general. Thesefacilities may offer a diverserange of products under one roofand supply products toindividuals as well as wholesaletrade. Such facilities may bedeveloped as a power centre.Specific consideration should begiven to the locality andplacement of these facilities withconsideration of their regionalsignificance and accessibility aswell as possible impact onexisting nodal areas.
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Primary uses. Big box retail
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Consent uses. Liquor store. Place of entertainment. Place of leisure. Place of worship. Renewable energy structure. Rooftop base telecommunication station. Shop. Warehouse
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Business Zone VI (BZVI) |
The objective of this zone is toprovide opportunities in urbanareas for service stations, motorrepair garages and associatedfacilities which have specificvehicle access requirements andpotential negative impacts onadjoining areas.
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Primary uses. Service station
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Consent uses. Boarding accommodation. Helicopter landing pad. Motor repair garage. Open air motor vehicle display. Recreational facility. Shop. Tourist facility. Truck stop
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INDUSTRIAL ZONES |
Industrial Zone I (IZI) |
The objective of this zone is toaccommodate industry uses andservice trades that may becarried out without nuisance toother properties or the generalpublic. Such uses may belocated next to business usesand in close proximity toresidential areas, and do notpresent a potential negativeimpact on the character oramenity of such areas.
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Primary uses. Light industry
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Consent uses. Adult entertainment. Adult services. Adult shop. Aqua-culture. Caretaker’s quarters. Convenience shop. Gambling place. Liquor store. Office. Place of entertainment. Place of worship. Shop. Truck stop
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Industrial Zone II (IZII) |
The objective of this zone is toaccommodate all forms ofindustry, except noxious tradeand risk activity, in order topromote the manufacturingsector of the economy. Someallowance is made for non-industrial activities, but theseshould not compromise thegeneral use of the area zoned forindustry. It is accepted that theintensive nature of the industrialactivity or the scale of theoperation could generate somenegative impact on adjacentproperties.
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Primary uses. Industry
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Consent uses. Abattoir. Adult entertainment. Adult services. Aqua-culture. Container site. Convenience shop. Crematorium. Gambling place. Helicopter landing pad. Liquor store. Office. Place of entertainment. Place of worship. Restaurant. Scrap yard. Truck stop
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Industrial Zone III (IZIII) |
The objective of this zone is toprovide for those industries whichare noxious in terms of smell,product, waste or otherobjectionable consequence oftheir operation, or which carry ahigh risk in the event of fire oraccident. While other uses arepermitted with consent, theMunicipality must ensure there issufficient capacity for noxioustrade in the limited areas suitablefor this zone. A noxious tradeshould not be located close toresidential areas.
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Primary uses. Noxious trade
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Consent uses. Container site. Convenience shop. Helicopter landing pad. Industry. Liquor store. Motor repair garage. Scrap yard. Service station. Transport use
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Industrial Zone IV (IZIV) |
The objective of this zone is toprovide for the use of land for the extraction of minerals and rawmaterials and, to a limited extent,associated business operations.This zone is intended foroperations of a more permanentnature as opposed to temporary,short-term mining or prospectingactivities.
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Primary uses. Mine
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Consent uses. Industry
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COMMUNITY ZONES |
Community Zone I (CZI) |
The objective of this zone is toprovide for educational facilitiesof all kinds, but controlledprovision is made for othercompatible community uses.
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Primary uses. Place of instruction
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Consent uses. Conference facility. Dwelling unit. Flat. Freestanding base telecommunication station. Institution. Place of assembly. Renewable energy structure. Rooftop base telecommunication station
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Zone II (CZII) |
The objective of this zone is toprovide for places wherecommunities can congregate andworship according to the customof their specific faith or religion.
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Primary uses. Place of worship
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Consent uses. Cemetery. Institution. Place of instruction. Rooftop base telecommunication station. Self-catering units/Flats. Wall of remembrance
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Community Zone III (CZIII) |
The objective of this zone is to provide for a wide range of health care facilities. |
Primary uses. Institution
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Consent uses. Correctional facility. Crèche. Freestanding base telecommunication station. Place of assembly. Renewable energy structure. Rooftop base telecommunication station
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RESORT ZONES |
Resort Zone (RZ) |
The objective of this zone is topromote tourist and holidayfacilities in areas with specialenvironmental or recreationalattributes, and to encouragegeneral public access to thesefacilities. At the same time, careshould be exercised to minimisepotential negative impacts ofdevelopment on fragileenvironments. The guidingprinciple should be that a resortmust not detract from theamenity that attracted the holidayfacilities in the first place, norshould it cause a public nuisancefor other people living andworking in the vicinity. This zoneshould only be used inexceptional cases and isnormally applicable to touristdevelopments outsideestablished, built-up areas.
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Primary uses.Tourist accommodation
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Consent uses. Freestanding base telecommunication station. Function venue. Gambling place. Hotel. Off-road trail. Place of leisure. Renewable energy structure. Restaurant. Sport and recreation centre. Tourist facilities. Wellness centre
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OPEN SPACE ZONES |
OPEN SPACE ZONE I (OSZI) |
The objective of this zone is toprovide for active and passiverecreational areas on public land,in order to promote recreation,and enhance the aestheticappearance of an area.
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Primary uses. Public open space
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Consent uses. Air and underground rights. Environmental facilities. Sport and recreation centre. Tourist facilities. Urban agriculture. Utility service
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OPEN SPACE ZONE II (OSZII) |
The objective of this zone is toprovide for private active andpassive recreational areas, inorder to promote recreation andenhance the aestheticappearance of an area.
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Primary uses. Private open space
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Consent uses. Cemetery. Convenience shop. Environmental facilities. Informal trading. Plant nursery. Renewable energy structure. Restaurant. Sports and recreation centre. Tourist facilities. Urban agriculture. Utility service
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OPEN SPACE ZONE III (OSZIII) |
The objective of this zone is toprovide for the conservation ofnatural resources in areas thathave not been proclaimed asnature areas (non-statutoryconservation), in order to sustainflora and fauna and protect areasof undeveloped landscapeincluding woodlands, ridges,wetlands and the coastline. Arange of consent uses isprovided to supplement andsupport the main objective of thiszone.
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Primary uses. Nature conservation area
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Consent uses.Camping site.Environmental facilities.Farm shop.Freestanding base telecommunication station.Harvesting of natural resources.Renewable energy structure.Rooftop base telecommunication station.Tourist facilities.Utility service
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OPEN SPACE ZONE IV (OSZIV) |
The objective of this zone is toprovide for the conservation ofnatural resources in areas thathave been proclaimed as natureareas (statutory conservation), inorder to sustain flora and faunaand protect areas ofundeveloped landscape includingwoodlands, ridges, wetlands andthe coastline. A range of consentuses is provided to supplementand support the main objective ofthis zone.
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Primary uses. Nature reserve
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Consent uses. Conference facility. Freestanding base telecommunication station. Function venue. Harvesting of natural resources. Helicopter landing pad. Renewable energy structure. Rooftop base telecommunication station. Tourist accommodation. Tourist facilities. Utility service
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TRANSPORT AND UTILITY ZONES |
TRANSPORT ZONE I (TZI) |
The objective of this zone is toreserve land for transportationsystems, excluding publicstreets, but including all othertransport undertakings.
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Primary uses. Transport use
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Consent uses. Air and underground rights. Airport. Airfield. Business premises. Conference facility. Container site. Freestanding base telecommunication station. Helicopter landing pad. Hotel. Industry. Informal trading. Motor repair garage. Outdoor trading and dining. Renewable energy structure. Service station. Warehouse
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TRANSPORT ZONE II (TZII) |
The objective of this zone is toprovide for public streets,whether constructed or still to beconstructed, as well asinfrastructure associated withsuch streets. Provision is alsomade for the temporary use ofthe land unit for other purposesas may be approved by theMunicipality.
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Primary uses. Public street
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Consent uses. Air and underground rights. Multiple parking garage. Outdoor trading and dining
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TRANSPORT ZONE III (TZIII) |
The objective of this zone is toprovide roads that is privatelyowned and does not vest in theMunicipality or any other organ ofstate for the passage or parkingof motor vehicles.
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Primary uses. Private road
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Consent uses. Outdoor trading and dining
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UTILITY ZONE (UZ) |
The objective of this zone is toreserve land for uses normallyundertaken by central, provincialand municipal governmentagencies as well as land for utilityservices such as electricalsubstations, and which do not fallinto another zoning category.Some flexibility for the use ofland and developmentparameters is provided.
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Primary uses. Utility service
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Consent uses. Airfield. Authority use. Helicopter landing pad
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UNDETERMINED ZONE |
UNDETERMINED USE ZONE (USZI) |
The objective of this zone is toenable the Municipality to defer adecision regarding a specific landuse and developmentmanagement provisions until thecircumstances affecting the landunit have been properlyinvestigated; or until the owner ofthe land makes an application forrezoning; or a zoningdetermination is made by theMunicipality. The objective of thiszone is furthermore to create azone to which land could revertback to when rights under currentzonings, other than SingleResidential Zone I, were notexercised, especially in caseswhere changes in the planningcontext occurred since thecurrent zoning was granted.
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Primary uses. None
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Consent uses. None
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RECORD OF AMENDMENTS
PAGE DESCRIPTION OR NUMBER |
DATE OF LATEST ISSUE |
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Draft : 11 January 2018 (EMC)Final Draft: 27 June 2018 (EMC)Promulgated: 27 June 2018 (Council)
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Schedule 2
LAND USE DESCRIPTIONS AND DEVELOPMENT PARAMETERS
"abattoir"Land use description: "abattoir" is a place where animals are slaughtered and for distribution to butchery shops and food markets.Development parameters:The development parameters applicable to “industry“ apply, as well as those applicable to "agricultural industry" when an abbatoir is located on a farm."additional dwelling unit"Land use description: “additional dwelling unit” is a dwelling unit that may be erected on an agricultural land unit with the consent of the Municipality, in addition to a primary dwelling unit or agricultural worker accommodation for bona fide agricultural workers, or both, provided that—(a)one additional unit can be allowed in all cases as a consent use, irrespective of the size of the agricultural land unit;(b)further additional dwelling units can be allowed at a ratio of one additional dwelling unit per 10 ha, calculated on the basis of all additional dwelling units on the agricultural land unit, up to a maximum of five (5) additional dwelling units per agricultural land unit;(c)a site development plan must be submitted to the municipality for its approval, and(d)no alienation of additional dwelling units will be permitted whether by cadastral subdivision or sectional title.Development parameters:The development parameters applicable to “agriculture” apply, together with the additional development parameters for “additional dwelling units”. Additional dwelling units may be erected with the consent of Municipality provided that—(a)a dwelling for a person engaged in bona fide agricultural activities on the land unit and which is permanently occupied by that person is not regarded as an additional dwelling unit;(b)the total floor space of an additional dwelling unit including the floor spacein all ancillary buildings to the additional dwelling unit, may not exceed 200m²;(c)an additional dwelling unit must be constructed in a style that is similar to the architecture of the main dwelling unit, unless otherwise permitted by the Municipality;(d)an additional dwelling unit that is a separate structure to a dwelling unit may not exceed a height of 6,5 metres to the top of the roof;(e)an additional dwelling unit that is contained within the same building as a dwelling unit must be designed so that the building appears to be a single dwelling unit; provided that both units may have a ground floor, or one unit may be on the ground floor and the other unit above;(f)the existence of an additional dwelling unit may not in itself be sufficient reason for the Municipality to grant an application in terms of the Planning By-law to subdivide the land unit containing the dwelling units; and(g)the Municipality must certify that services are available for the construction of an additional dwelling unit.“adult entertainment”Land use description:“adult entertainment”—(a)means the use of property for adult film theatres or strip clubs where sexually explicit, live or recorded shows are displayed; and(b)does not include adult services or an adult shop.Development parameters:The development parameters applicable to “business premises” apply.“adult services”Land use description:“adult services”—(a)means the use of property for massage parlours or escort agencies where sexually orientated personal services are provided, unless the services form part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; and(b)does not include adult entertainment or an adult shop.Development parameters:The development parameters applicable to “business premises” apply.“adult shop”Land use description:“adult shop”—(a)means the use of property for the retail sale of pornographic, sexually explicit or erotic material, whether or not such material is displayed for sale, unless such material forms part of a medical or therapeutic service provided by a registered medical practitioner or similar registered professional person; and(b)does not include adult entertainment or adult services.Development parameters:The development parameters applicable to “business premises” apply.“agricultural industry”Land use description:“agricultural industry”—(a)means an enterprise for the processing of agricultural products of which the majority of the products is sourced from that land unit and if not produced on that land unit, then from the land units farmed by the owners of the enterprise with a minority of the products sourced from the surrounding or nearby farms;(b)includes a winery, dairy, distillery, the bottling of mineral or spring water, a saw mill and any agriculture related uses the municipality may approve from time to time; and(c)does not include an abattoir.Development parameters:Development parameters applicable to “agriculture” apply.“agricultural worker accommodation”Land use description:“agricultural worker accommodation” means accommodation provided for bona fide agricultural workers, including accommodation for labourers and farm managers, as determined by the Municipality based on the extent of the bona fide agricultural activities on the land unit.Development parameters:The development parameters applicable to “agriculture” apply with the following additional development parameters:(a)the number of units must be reasonably connected to the agricultural activities on the land unit; and(b)A site development plan must be submitted to the municipality for its approval."agriculture"Land use description:"agriculture" means the cultivation of land for raising crops and other plants, including plantations, the keeping and breeding of animals, birds or bees, stud farming, game farming, intensive horticulture; intensive animal farming; a riding school or natural veld, and—(a)includes—(i)the harvesting, packing, cooling, storing, sorting, and packaging of agricultural produce grown on that land unit and surrounding or nearby farms;(ii)harvesting of natural resources, which are limited to living organisms, for delivery to the market;(iii)agricultural buildings or infrastructure that are reasonably connected with the main farming activities, including a dwelling unit, agricultural worker accommodation and rooftop base telecommunication stations;(iv)a camping site limited to a combined maximum of 6 tent or caravan stands subject to the development parameters applicable to “tourist accommodation”;(v)telecommunication and electricity transmission lines;(vi)rooftop base telecommunication station;(vii)renewable energy structures for household and farming purposes; and(viii)agricultural industry.Development Parameters:The following development parameters apply:The road or street and common boundary building lines are 30 metres.(b)Height(i)The height of a dwelling unit may not exceed 8,5 metres in all cases.(ii)Agricultural buildings other than dwelling units may not exceed a height of 15 metres to the top of the roof.(iii)Earth banks and retaining structures which in the opinion of Municipality are associated with agricultural activities are exempt from the general provisions in this regard in this By-law.For any development in this zone, including any part of the land not zoned Agriculture, a site development plan must besubmitted to the Mnicipality for its approval, taking specific cognisance of visual impact given the size and scale of the agricultural buildings and facilities and their location in a rural landscape and in their proximity to tourist routes.(d)Farm shop, camping siteWhere a farm shop and a camping site are operated from the same property the combined floor area of the farm shop and resort shop may not exceed 120m².In addition to the above parameters the following shall apply:(i)the agricultural industry does not exceed a total floor area of 2 000m²; and(ii)the parking requirements for “industry” apply.“agri-village”Land use description: “agri-village” means a private settlement of restricted size established and managed by a legal institution that is situated within an agricultural area and where residence is restricted to bona fide agri-workers and their dependents of the farms involved in the development. Security of tenure does not include right of ownership but can include a Trust, Communal Property Association or Sectional Title. The development of agri-villages represents a partnership between farmer, agri-worker and state.Development parameters:(a)The Municipality must require a site development plan for an agri-village.(b)The site development plan as approved by the Municipality constitutes the development parameters.(c)The provisions for a site development plan in this By-law apply.“air and underground rights”Land use description: “air and underground rights” means any use right that may be approved by the Municipality for the development of a defined space above or below a public street, open space, railway line or a public street, open space, railway line or any other land utilised for transport purposes.Development parameters:(a)The Municipality must require a site development plan for air and underground rights.(b)The site development plan as approved by the Municipality constitutes the development parameters.(c)The provisions for a site development plan in this By-law apply.(d)The Municipality may approve a consent use for air or underground rights if—(i)the consent use does not compromise the intended primary uses of the land;(ii)an agreement defining the extent of rights, time period, compensation, ownership and maintenance obligations relating to the property is concluded between the parties concerned and is approved by the Municipality;(iii)a servitude in respect of the air or underground rights is registered over the land concerned; and(iv)the Municipality is satisfied that structural components, clearance and operational characteristics are sufficient toensure safe and efficient operation of the street, road or parking.“airfield”Land use description:“airfield” means runways and associated buildings for the take-off and landing of light aircraft.Development parameters:(a)The Municipality must require a site development plan for an airfield.(b)The site development plan as approved by the Municipality constitutes the development parameters.(c)The provisions for a site development plan in this By-law apply.“airport”Land use description: “airport” means a complex comprising aircraft runways and associated buildings for the take-off and landing of civilian aircraft and facilities for the handling and storage of air freight and includes land uses ancillary to airports, and includes—Development parameters:The development parameters applicable to “transport use” and “business premises” apply,provided that a site development plan must be submitted to the Municipality for its approval.“animal care centre”Land use description: “animal care centre” means a place for the temporary care of pets and animals, operated on either a commercial or a welfare basis, and includes—Development parameters:The development parameters applicable to “agriculture” apply.“aqua-culture”Land use description: aqua-culture” means the breeding, for commercial purposes, of water flora or fauna in artificially constructed dams or holding tanks, or suspended from floating supports in natural water bodies.Development parameters:The development parameters applicable to “agriculture” apply.“authority use”Land use description: “authority use” means a use which is practised by or on behalf of an organ of state and that cannot be classified or defined under other uses in this zoning scheme, and includes a use practised by—(a)the national government, including a military centre or installation, police station or correctional facility;(b)the provincial government, including a road station or road camp;(c)the Municipality, including a fire service or a municipal depot with related uses, including limited accommodation for staff who are required to be on standby for emergencies; or(d)a foreign government including an embassy or consulate, but does not include a dwelling unit when the dominant use is for living accommodation of foreign diplomatic personnel.Development parameters:The development parameters and additional provisions as approved by the Municipality according to the site development plan apply to every site, use and type of building.“backpackers’ accommodation”Land use description: “backpackers’ accommodation” means a building where lodging for backpackers is provided per bed and not per bedroom, and includes a youth hostel.Development parameters:The development parameters applicable to “guest lodge” apply.“bed and breakfast establishment”Land use description: “bed and breakfast establishment” means a dwelling unit, second dwelling, double dwelling unit or additional dwelling unit—(a)in which the owner of the dwelling supplies lodging and meals for compensation to transient guests who have permanent residence elsewhere; and(b)provided that the dominant use, structure and design of the dwelling unit concerned remains for the living accommodation of a single family.Development parameters:The development parameters applicable to “dwelling unit”, “second dwelling” and “additional dwelling unit” apply.The following further parameters apply:(a)No more than two rooms per land unit may be used for bedroom accommodation for paying guest, and no more than four paying guest per land unit may be supplied with lodging or meals at any time;(b)The requirement in paragraph (a) is also applicable where a land unit contains both a bed and breakfast establishment and rooms which are available for letting to lodgers;(c)The owner of a bed and breakfast establishment must live on the property and inform the Municipality in writing before the establishment opens for business and must submit a site development plan for perusal by the municipality;(d)A register of guests must be kept, and completed when rooms are let;(e)Any new structure or alteration to the property related to its use as a “bed and breakfast establishment” must be compatible with the residential character of the area, particularly with regard to the streetscape or rural character on a farm, and must be capable of reverting to use as part of the dwelling unit, second dwelling, additional dwelling unit or outbuilding concerned;(f)No more than three employees may be employed in activities related to the bed and breakfast establishment;(g)No alcoholic beverages may be served except to resident guests for consumption on the premises, in accordance with an approved liquor licence;(h)Guest rooms may not be converted to, or used as, separate self-catering dwelling units;(i)Meals may only be supplied to guests who have lodging on the property, employees, and the family residing in the dwelling;(j)In the absence of a Municipal policy or By-law on outdoor advertising and signage, no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area;(k)No weddings, receptions, conferences, training or similar activities are permitted in a bed and breakfast establishment;(l)No activities may be carried out which constitute, or are likely to constitute, a source of public nuisance and the municipality reserve the right to cease the rights of the bed and breakfast establishment with sufficient reasons;(m)On-site parking must be provided in accordance with the provisions of this By-law; provided that the Municipality may at any stage require additional on-site parking if, in the opinion of the Municipality, the bed and breakfast establishment does not have enough parking.“big box retail”Land use description: “big box retail” means large buildings with footprints larger than 200. m² per enterprise, where the nature of the retail business is typified by attracting customers with low prices or large selections or both low prices and large selections, with large floor space and high volume sales, which may include a restaurant which is ancillary to the main use.Development parameters:Coverage must be in accordance with the site development plan that has been approved by the Municipality.The maximum floor factor is 2.(c)Height(i)The highest point of a building may not exceed 10 metres to the top of the roof;(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Building lines(i)The street building line is at least 10 metres;(ii)Side and rear building lines are 0 metres or at least 10 metres if the site abuts any single residential zone or general residential zone;(iii)The general building line encroachments in this By-law apply.(e)Parking, access and loadingParking and access must be provided on the land unit in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.“boarding hostel”Land use description: "hostel" means a place which provides accommodation in rooms or dormitories for students attending a place of education or tertiary educational institution, and is managed by or on behalf of the particular educational institution with which it is associated and includes communal facilities directly associated with the main use.Development parameters:Development parameters applicable to “place of instruction” apply."boarding accomomdation"Land use description:" "boarding accomodation" means a building where lodging is provided, and includes ancillary communal cooking, dining and other communal facilities for the use of lodgers, together with such outbiuildings as are normally used in connection with a boarding accomodation; and-(a)includes a building in which rooms are rented for residential purposes, a guest house or guest lodge, a home for the aged, home care facility, a residential facility for handicapped persons or orphans; and(b)does not include a hotel, dwelling unit, second dwelling, backpackers' accomodation or groiup house."Develpment parameters:(a)Coverage"The maximum coverage is 60%The floor factor may not exceed 1.(c)Height(i)The highest point of a building may not exceed 15 metres to the top of the roof.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Building lines(i)The street building line is at least 5 metres.(ii)Side and rear building lines are at least 4,5 metres.(iii)The general building line encroachments in this By-law apply.(e)Parking and accessParking and access must be provided in accordance with this By-law.(f)ScreeningThe Municipality may require screening in accordance with this By-law.(g)Site development planThe Municipality may require a site development plan to be submitted for its approval.(h)Open space(i)Every boarding accommodation must have access to an outdoor living area on the land unit, which may include private, or communal open space, but excludes roads, service yards and parking areas.(ii)An outdoor living area of at least 10% of the net erf area must be provided.(iii)Such outdoor living area(s) must be of reasonable proportions and location, to the satisfaction of the Municipality, to allow for leisure or recreational use by residents, and may include open courtyards within the complex.(i)Service yardA service yard must be provided on the land unit in accordance with this By-law.(j)Refuse roomA refuse room must be provided on the land unit in accordance with this By-law.“builder’s yard”Land use description: “builder’s yard” means a property used for the storage of material and equipment which—(a)is required for or is normally used for construction work;(b)was obtained from demolitions of structures or excavations of ground; or(c)is necessary for, or is normally used for land development, such as storage of material used for building roads, installing essential services, or for any other construction work, whether for public or private purposes.Development parameters:The development parameters applicable to “industry” apply.“business premises”Land use description: “business premises” means a property from which business is conducted and—(a)includes a shop, big box retail, supermarket, restaurant, two electronic or mechanical playing devices, plant nursery, office, funeral parlour, financial institution and building for similar uses, place of assembly, place of leisure institution, hotel, hospital, conferece facility, rooftop base telecommunication station, and multiple parking garage;(b)includes also the following land uses above ground floor only—(ii)caretaker’s quarters,(iv)youth hostel, as well as(v)boarding accommodation; and(c)does not include a place of entertainment, gambling place, motor repair garage, industry, noxious trade, risk activity, adult entertainment, adult services, or adult shop.Development parameters:The following development parameters apply:(a)CoverageThe maximum coverage for all buildings on a land unit is 100%.(b)Street centre line setbackThe Municipality may require a street centre line setback, in which case all buildings or structures on a land unit must be set back at least 8 metres from the centre line of the abutting public street or streets.(c)Floor factorThe maximum floor factor on the land unit is 3, which may be departed from if subsection (i) is complied with.(d)Height(i)The highest point of a building may not exceed 15 metres to the top of the roof.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(e)Building line(i)The street building line is 0 metres.(ii)Side and rear building lines are 0 metres, provided that the Municipality may lay down common building lines in the interest of public health and safety or in order to enforce any other law or right.(iii)Minor architectural and sunscreen features may project beyond the street boundary building line, provided that such features do not project more than 250 millimetres beyond the street boundary.(f)Hotel floor space concession Where it is proposed to erect a hotel of at least 30 bedrooms in terms of this use right, the development parameters applicable to “hotel” apply.(g)Canopy or balcony projectionThe Municipality may require, and may approve, a canopy or balcony projection over the street boundary in accordance with the following conditions:(i)the canopy or balcony may not project closer than 500 millimetres to a vertical plane through the kerb line or proposed kerb line;(ii)no portion of a canopy or balcony projection may be less than 2,8 metres above the pavement;(iii)the Municipality may lay down more restrictive requirements relating to the dimensions, design and materials of the canopy or balcony; and(iv)the owner must enter into an encroachment agreement with the Municipality;(v)the same parameters for air and underground rights are applicable.(h)Public footway along street boundaryIf the owner provides a public pedestrian footway of at least 3 metres wide on the land unit, next to a building situated alongside the street boundary, with a canopy and pavement that ties in with the street pavement, and which is accessible to the public at all times, then, in recognition of the urban design contribution to the street environment, the maximum floor factor of the building may be increased by twice the area of the public pedestrian footway.The Municipality may require that the owner of a building which is to be situated at a public street corner, and which the Municipality coconsiders to be significant, must incorporate in the building architectural features which focus visual interest on the corner, and which emphasise the importance of pedestrian movement around the corner. Such features may include building cut-offs, walkthrough covered arcades, plazas or other elements.(j)Parking and access(i)Parking and access must be provided on a land unit in accordance with this By-law, except in a case where the Municipality has approved alternative parking supply under subsection 43(1).(ii)Except with the approval of the Municipality, no parking bays at ground floor level on a land unit, either outside or within a building, may be located closer than 10 metres to a street boundary in order to enhance amenity at street level.Loading bays must be provided on the land unit in accordance with this By-law.The Municipality may require screening in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.“camping site”Land use description: “camping site” means land set aside for camping where tents or caravans are used for short term accommodation of transient guests and which may include facilities for use by such visitors and features amenities such as facilities for outdoor food preparation, a small resort shop, road access for vehicles, picnic facilities, raised platforms on which to set up tents or caravans, ablution facilities, communal scullery and laundry facilities and waste disposal facilities, provided that canvas structures with an independent roof structure is not considered to be a tent.Development parameters:The development parameters applicable to “tourist accommodation” apply, provided that a site development plan must be submitted to the Municipality for its approval.“caretaker’s quarters”Land use description: “caretaker’s quarters” means an outbuilding of not more than 60 m² in total floor area, including sanitary and cooking facilities, which is used for the accommodation of a caretaker employed at an industrial site or business premises where the operation requires that somebody is on the land unit at all hours.Development parameters:As determined by the Municipality.“cemetery”Land use description: “cemetery” means a place for the burial of human or domestic animal remains, and—(a)includes—(i)ancillary buildings such as an office and chapel;(ii)a “garden of remembrance” or a “wall of remembrance”; and(b)does not include a crematorium.Development parameters:The development parameters applicable to “public open space” apply in the case of publicly owned land, and the parameters applicable to “private open space” apply in the case of land in private ownership.“clinic”Land use description: “clinic” means a place for the diagnosis and treatment of human illness or the improvement of human health, which has limited facilities and an emphasis on outpatients, provided that—(a)a clinic may contain live-in facilities for no more than 20 persons, including patients and staff; and(b)a clinic may include medical consulting rooms, operating theatres, an outpatients centre, and a wellness centre with ancillary uses.Development parameters:The development parameters applicable to “place of instruction” apply.“conference facility”Land use description: “conference facility” means a place where information is presented and ideas or information exchanged among groups of people or delegates, and includes the supply of meals to delegates.Development parameters:The development parameters applicable to “business premises” apply.“container site”Land use description: “container site” means property used for the storage of shipping or transport containers.Development parameters:The development parameters applicable to “industry” apply.“convenience shop”Land use description: “convenience shop” means a small retail concern that is open long hours and that typically stocks a range of everyday items such as groceries, snack foods,candy, toiletries, soft drinks, tobacco products, newspapers and magazines.Development parameters:(a)Total area not larger than 60 m²; or(b)10% of the total floor area of the primary uses on the property, whichever is the most restrictive, excluding a “service station”.“correctional facility”Land use description: “correctional facility” means a place where persons are housed and trained on instruction of a court of law and includes a reformatory, place of detention; industrial school and prison.Development parameters:Development parameters applicable to “authority use” apply.“crèche”Land use description: “crèche” means the use of a portion of a dwelling unit or outbuildings by the occupant to provide day care, pre-school, play group or after-school care services for children.Development parameters:(a)The services provided must primarily be day care and educational, and not medical services.(b)The services may not operate outside the hours 6:00 to 18:00.(c)The dominant use of the dwelling unit must remain for the living accommodation of a single family.(d)Not more than 20 children may be registered at a time, or on the property at any time.(e)Parking and access must be provided in accordance with this By-law.“crematorium”Land use description: “crematorium” means a place for incinerating corpses in a furnace, and includes—(a)ancillary facilities such as a chapel and offices; and(b)a “garden of remembrance” or a “wall of remembrance”.Development parameters:Development parameters applicable to “industry” apply.“double dwelling unit”Land use description: “double dwelling unit” means—(a)a building designed as a single architectural entity that appears as a single dwelling unit, containing two dwelling units on one land unit, not smaller than 800m²; and(b)does not include a second dwelling.Development parameters:The coverage may not exceed 50%.There may not be more than 10% difference in the floor space of the two dwelling units and the total floor space of each of the two units may not exceed 250 m² per unit.(c)Height(i)The height of a double dwelling unit may not exceed 8,5 metres in all cases.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Building lines:(i)The street building line is at least 4 metres.(ii)The side building line is at least 3 metres.(iii)The rear building line is at least 2 metres.(iv)The general building line encroachments in this By-law apply.(e)Window and door placementAny portion of a building which contains an external window or door facing onto a common boundary must—(i)be set back at least 1,5 metres from such boundary; and(ii)the portion of building to be set back from the boundary must include the door or window, together with the additional length of wall as is required to make up a total minimum length of 3 metres.(f)Garages, carports and outbuildings(i)A garage, carport and outbuildings are permitted within the common boundary building line provided that the garage and carport do not—(aa)exceed a height of 4 metres;(bb)contain more than a double garage façade; and(cc)exceed a length if 12 metres and width of 6,5 metres.(ii)For land units of 650 m² and less, -(aa)a garage or carport erected parallel to the street boundary is permitted up to 1,5 metres from the street boundary;(bb)a garage or carport erected perpendicular to the street boundary is permitted up to 5,5metres from the street kerb;provided the garage or carport—(iii)For land units exceeding 650 m², a garage or carport may not be closer than 5 metres from the street boundary, notwithstanding the street building line.(aa)does not exceed a height of 4 metres;(bb)does not contain more than a double garage façade; and(cc)does not exceed a length and width of 6,5 metres.(iv)Notwithstanding subparagraphs (ii) and (iii), a garage or carport may be erected within the street boundary building line if, in the opinion of the Municipality, compliance with the street boundary building line is not practical due to steep slopes of the ground between the road and the property concerned. The Municipality must determine the street boundary building line in such a case.Parking and access must be provided in accordance with the requirements of this By-law. Both dwelling units must obtain vehicle access from and to a street and each dwelling unit is limited to a maximum of two garages per dwelling unit.(h)Refuse room and/or service yardThe Municipality may require a refuse room and/or service yard to be provided on the land unit(s) concerned, in accordance with this By-law.The two units must be connected by means of a communal wall of the dwelling, and connected garages, outside lapas and braai areas may not be used to satisfy this requirement.“dwelling unit”Land use description: “dwelling unit” means a building containing only one dwelling unit, together with such outbuildings as are ordinarily used with a dwelling unit, including:(a)a storeroom and garaging;(b)a second dwelling unit or additional dwelling, with a floor area which does not exceed 60 m², provided that application for consent use must be submitted if the second dwelling or additional dwelling unit is larger than 60m²;(d)renewable energy structures for household purposes;(f)a bed and breakfast establishment; andDevelopment parameters:(a)Height(i)The height of a dwelling unit may not exceed 8,5 metres in all cases.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(b)Coverage and building lines(i)Building lines are at least the distance indicated in the table entitled “Coverage and building lines” from the relevant erf boundary:Coverage and building lines
Erf size |
Coverage |
Building lines |
Street |
Side |
Rear |
Less than or equal to 250 m² |
80 % |
2 metre |
0 metre on one side1 metre on all othersides
|
1 metres |
Greater than 250 m², butnot exceeding 500 m²
|
200m² or 65%whichever is greater
|
3 metres |
0 metre on one side1.5 metres on all othersides
|
1,5 metres |
Greater than 500 m², butnot exceeding 1 000 m²
|
325m² or 50%whichever is greater
|
4 metres |
2 metres |
2 metres |
Greater than 1 000 m² |
500 m² or 40%,whichever is greater
|
5 metres |
3 metres |
3 metres |
(ii)The general building line encroachments in this By-law apply.(iii)The Municipality may permit a relaxation of the lateral and/or rear building lines in the case of a dwelling unit in Single Residential Zone I, provided that an adequate means of access, at least 1 metre wide, is provided from a street to every un-built open portion of the property.(c)Single Residential Zone IIIIn the case of a “dwelling unit” in Single Residential Zone III, the development parameters pertaining to coverage, height and building lines of “shelter” apply.(d)Window and door placementAny portion of a building which contains an external window or door facing onto a common boundary must—Single Residential Zone III(ii) the portion of building to be set back from the boundary must include the door or window, together with the additional length of wall that is required to make up a total minimum length of 3 metres.(e)Garages, carports and outbuildings(i)A garage, carport and outbuildings are permitted within the common boundary building line provided that the garage and carport do not—(aa)exceed a height of 4 metres;(bb)contain more than a double garage façade; and(cc)exceed a length of 12 metres and width of 6,5 metres.(ii)For land units of 650 m² and less, -(aa)a garage or carport erected parallel to the street boundary is permitted up to 1,5 metres from the street boundary;(bb)a garage or carport erected perpendicular to the street boundary is permitted up to 5,5 metres from the street kerb;provided the garage or carport—(aa)does not exceed a height of 4 metres;(bb)does not contain more than a double garage façade; and(cc)does not exceed a length and width of 6,5 metres.(iii)For land units exceeding 650 m², a garage or carport may not be closer than 5 metres from the street boundary, notwithstanding the street building line.(iv)Notwithstanding subparagraphs (ii) and (iii), a garage or carport may be erected within the street boundary building line if, in the opinion of the Municipality, compliance with the street boundary building line is not practical due to steep slopes of the ground between the road and the property concerned. The Municipality must determine the street boundary building line in such a case and approve it in accordance with a SDP and conditions of approval;(v)Garages attached to the second dwelling unit will be regarded as coverage/size of the second dwelling unit;(vi)No more than two outbuildings will be allowed per cadastral unit.(f)Parking and access(i)Parking and access must be provided on the land unit in accordance with this By-law.(ii)Where a dwelling unit is occupied by unrelated persons as defined in (b) the definition of “family”, provision must be made for parking in accordance with the parking requirements for a boarding accommodation.(g)GaragingGaraging for up to four vehicles is permitted.The minimum size of a dwelling shall be 80m² for Erven above 500m² (garage/outbuilding excluded).In addition to the above, the following parameters will be applicable to the following area:Stilbaai:Additional provisions is made, from erf 26 in the north to erf 4467 in the south on the eastern side of Waterkant Street, Stilbaai West:Land use description:(a)a storeroom and garaging;(c)renewable energy structures for household purposes; (aesthetically blended in with the buildings)(d)a bed and breakfast establishment.Development parameters:(a)Height(i)One storey, with the exception of the basement, all buildings may contain a loft;(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(b)Coverage and building lines(i)The existing coverage of buildings before 1 January 1992, is seen as the maximum permitted coverage, provided that where it is less than 50%, the maximum coverage shall be 50%. In cases where any building are demolished, the coverage for new buildings (dwelling units, additional dwelling units and outbuilding) shall be 50%(ii)Building lines:Street building lines: 4.5 metresSide building lines 1.5 metresRear building lines: 1.5 metres (except where the rear boundary is situated next to the river or sea, the rear building line can be 0 metres)(iii)The general building line encroachments in this By-law apply.(iii)The Municipality may permit a relaxation of the lateral and/or rear building lines in the case of a building, provided that an adequate means of access, at least 1 metre wide, is provided from a street to every un-built open portion of the property.(c)Window and door placementAny portion of a building which contains an external window or door facing onto a common boundary must—(i)be set back at least 1,5 metres from such boundary; and(ii)the portion of building to be set back from the boundary must include the door or window, together with the additional length of wall that is required to make up a total minimum length of 3 metres.(i)A Site Development Plan is compulsory with all new developments in this zone.(i)Parking and access must be provided on the land unit in accordance with this By-law.(ii)At least 2 private parking bays for every independent dwelling unit must be provided, garage included.Garaging for up to four vehicles are permitted.(h)General(i)Subdivisions in this zone shall only be considered where houses have already been constructed on such Erven;(ii)No more than one outbuilding will be allowed per cadastral property in this zone;“environmental facilities”Land use description: “environmental facilities” means facilities for the management, study, interpretation, education, and public appreciation of a predominantly natural area or heritage site and may include nature trails, but does not include tourist facilities or tourist accommodation.Development parameters:The Municipality must determine the land use restrictions and the development parameters for the property based on the objectives of this zoning and the specific circumstances including adherence with an approved environmental management plan, where applicable.“estate housing”Land use description: “estate housing” means residential housing in a residential estate with access control which have integrated site and design features which are governed by a owners’ association such as golf estates, equestrian estates, eco estates and residential marinas, and includes—Development parameters:(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)Where no parameters have been stipulated as contemplated in (a), above, the parameters specified in the architectural guidelines, approved by Council, shall apply.(c)The applicant must submit the following documents and obtain the Municipality’s approval for:(i)a site development plan;(ii)a constitution for a owners’ association or governing body;(iii)architectural guidelines and a proposed system of architectural control; and(iv)an environmental management plan.(d)The land must be developed(i)in accordance with the site development plan, architectural guidelines and environmental management plan as approved by the Municipality; and(ii)to the satisfaction of the Municipality.“factory”Land use description: “factory” means property containing an industrial assembly plant used for the manufacture of goods.Development parameters:The development parameters applicable to “industry” apply.“factory shop”Land use description: “factory shop” means property used for the retail sale of goods that are completely or predominantly manufactured in a factory on the property concerned and may include a shop.Development parameters:The development parameters applicable to “industry” apply.The occupant of an industry may operate a factory shop provided that—(a)the total floor space devoted to the sale of goods may not exceed 10% of the total floor space of all the buildings on the land unit; and(b)any goods that are offered for sale but have not been manufactured on the property, must be directly connected with the goods that are manufactured on the property.“farm shop”Land use description: “farm shop” means a building or structure located on a farm, which does not exceed 100 m² in floor space, including storage facilities, where the farmer sells produce grown on the farm and other goods to the general public.Development parameters:The development parameters applicable to “agriculture” apply.“farmers market”Land use description:(a)“farmers' market” means a predominantly fresh food market where farmers and food producers can sell directly to consumers, farm-origin and associated value-added specialty foods and plant products including—(i)primary food products;(ii)seafood, game and foraged foods;(iv)speciality food products;(b)A farmer’s market—(i)operates regularly within a community;(ii)is located at a focal public location that provides a suitable environment for farmers to conduct trade;(iii)typically consists of booths, tables or stands, outdoors or indoors, where farmers sell farm produce, meats, and sometimes prepared foods and beverages; and(iv)and may include:(aa)a subservient component of stalls for the sale of locally produced handmade crafts and arts; and(bb)live family entertainment, outdoor recreation activities and children’s play area.Development parameters:The development parameters applicable to “agriculture”, apply together with the following additional parameters:(a)The Municipality may stipulate conditions with regard to the layout, building design, open space, landscaping, parking, access and environmental management;(b)The development may only occur in accordance with an approved site development plan.“flats”Land use description: “flats” means a building containing three or more dwelling units of which at least one does not have a ground floor, together with such outbuildings, open space and private roads as are ordinarily associated with flats.Development parameters:The maximum coverage is 60%.The floor factor may not exceed 1.(c)Height(i)The highest point of a building may not exceed 15 metres to the top of the roof.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Building lines(i)The street building line is at least 5 metres.(ii)Side and rear building lines are at least 4,5 metres.(iii)The general building line encroachments in this By-law apply.Parking and access must be provided in accordance with this By-law.The Municipality may require screening in accordance with this By-law.The Municipality may require a site development plan to be submitted for its approval.(h)Institution, place of instruction and place of assemblyThe development parameters that apply to “institution”, “place of instruction” and“place of assembly” apply to this use; provided that where the institution, place of instruction or place of assembly is situated within a building which is also used for flats or a boarding accommodation, then the coverage, height and building line requirements for the flats or boarding accommodation apply.(i)Open space(i)Every block of flats must have access to an outdoor living area on the land unit, which may include private or communal open space, but excludes roads, service yards and parking area.(ii)An outdoor living area of at least 10% of the total erf area must be provided; such outdoor living area(s) must be of reasonable proportions and location to allow for leisure or recreational use by residents, and may include open courtyards within the complex.A service yard must be provided on the land unit in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.(l)Flats as a consent use in a group housing schemeThe following conditions apply to flats as a consent use right in this zone:(i)the flats must form an integrated part of a group housing site and must comply with the development parameters for “group housing”;(ii)the total floor space of flats may not exceed 40% of the total floor space of all buildings on the group housing site; and(iii)the open space requirement for dwelling units in a group housing site applies;(m)The minimum erf size for flats are 1500m².“freestanding base telecommunication station”Land use description: “freestanding base telecommunication station” means a freestanding support structure on land or anchored to land and used for telecommunication infrastructure to transmit or receive electronic communication signals, and may include any access roads to such facility.Development parameters:(a)Height(i)The highest point of the structure may not exceed 15 metres in urban areas.(ii)The height of the structure will be determined as per Site Development Plan in rural areas.(b)General(i)Other development parameters applicable to “utility service” apply.(ii)Only slim line monopoles may be erected in urban areas.“function venue”Land use description: “function venue” means a building or structure used for functions weddings and expos on what is mainly a rural property.Development parameters:(a)Development parameters applicable to “agriculture” apply on a rural property, together with the limitation that any function venue in a rural area may not exceed a total floor space of 500 m², which includes all components of the venue;(b)Development parameters applicable to a “place of assembly” apply in urban areas.“funeral parlour”Land use description: “funeral parlour” means property where the dead are prepared for burial or cremation and—(a)includes facilities for ancillary administrative and religious functions; and(b)does not include a crematorium.Development parameters:The development parameters applicable to “shop” and “industry” apply.“gambling place”Land use description: “gambling place” means a place where betting and gambling may be undertaken in accordance with a license issued under the relevant Act, and includes premises for totalisators, electronic payout devices and limited payout gambling machines.Development parameters:The following development parameters apply:(a)The development parameters applicable to “business premises” apply.(b)The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.“garden of remembrance”Land use description: “garden of remembrance” is a section of a cemetery or crematorium set aside for the erection of memorial plaques or structures, placing or scattering of ashes.Development parameters:The development parameters applicable to “cemetery” and “crematorium” apply.“group housing”Land use description: “group housing” and “group housing scheme” means a group of separate or linked dwelling units where every dwelling unit has a ground floor, which units may be cadastrally subdivided but are planned, designed and built as a harmonious architectural entity in an ordered way and integrated with communal private open spaces,private roads and parking.Development parameters:All buildings and structures must be planned, designed and built as a harmonious architectural entity and special attention must be given to aesthetics, architectural coordination, urban design and landscaping.(b)Density(i)The maximum gross density on a group housing site is 35 dwelling units per hectare.(ii)The minimum erf size of a group housing site shall be 3000m²The maximum coverage on any individual cadastral group housing site will be 60%.(d)Height(i)The height of dwelling units may not exceed 8,5 metres in all cases.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.Within a group housing site, outdoor space of at least 50 m² per dwelling unit must be provided, which may include private or communal open space or any functional outdoor space which is inaccessible to motor vehicles, but excludes roads, service yards and parking areas.(f)Building lines along the perimeter of a group housing siteThe following building lines apply along the perimeter of a group housing site:(i)a street boundary building line of 5 metres applies where the group housing site abuts an external public street;(ii)side and rear boundary building lines are 3 metres along the perimeter of the group housing site; and(iii)the general building line encroachments in this By-law apply.(g)Building lines within a group housing siteThe following building lines apply within a group housing site:(i)street boundary building lines on internal roads are 0 metres; provided that any garage door facing the road must be set back at least 5 metres from the kerb of such internal road; and(ii)side and rear boundary building lines within the group housing site are 0 metres, unless the Municipality requires a building line for fire-fighting purposes, in which case the common boundary building lines must be determined by the Municipality.(i)Parking and access must be provided in accordance with the requirements of this By-law.(ii)Parking may be provided in the form of communal parking.A site development plan of the proposed group housing scheme must be submitted to the Municipality for its approval, and, if approved, the development of the group housing site must be substantially in accordance with the approved site development plan. Any deviation from the approved SDP requires an application for amendment of the SDP.Service yard(s) must be provided on the land unit in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.(l)General:(a)No Bed and Breakfast or Guesthouse is allowed in this zoning.(b)No second dwelling units allowed in this zoning.(c)The establishment of a Home Owners Association in terms of Section 29 of the Hessequa Municipality: By-law on Municipal Land Use Planning, 2015 is compulsory.(d)No alienation of individual group housing sites will be allowed under sectional Title.“guest house”Land use description: “guest house” means a dwelling unit, second dwelling, double dwelling unit or additional dwelling unit which is used for the purpose of supplying lodging and meals to transient guests for compensation, in an establishment which exceeds the restrictions of a bed and breakfast establishment (more than 2 guest rooms or 4 guests), and—(a)includes business meetings or training sessions by and for guests on the property for up to 12 persons; and(b)does not include agricultural workers’ accommodation.Development parameters:The development parameters applicable to “dwelling unit”, “second dwelling” and“additional dwelling unit” apply.The following further parameters apply:(a)The Municipality may require a site development plan to be submitted for a proposed guest house and the guest house may not open for business until such plan is approved.(b)The owner of a proposed guest house must live on the property and must get consent use approval from the Municipality before the guest house establishment may open for business.(c)A register of guests and lodgers must be kept, and completed when rooms are let.(d)Any new structure or alteration to the property related to its use as a guest house must be compatible with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the dwelling unit, second dwelling, additional dwelling unit or outbuilding concerned.(e)No more than 6 rooms per land unit may be used for bedroom accommodation for paying guests or lodgers, and no more than 12 paying guests or lodgers may be supplied with lodging or meals at any time.(f)The requirement in paragraph (e) is also applicable where a land unit contains both a guest house and rooms which are available for letting to lodgers.(g)No alcoholic beverages may be served except to resident guests for consumption on the premises.(h)Guest rooms may not be converted to, or used as, separate self-catering dwelling units.(i)Meals may only be supplied to guests or lodgers who have lodging on the property, employees, and the family residing in the dwelling.(j)In the absence of a Municipal policy or By-law on outdoor advertising and signage no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area.(k)No weddings, receptions, conferences, training or any similar activities are permitted in a guest house.(l)No activities may be carried out which constitute, or are likely to constitute, a source of public nuisance.(m)On-site parking must be provided in accordance with the provisions of this By-law, provided that the Municipality may at any stage require additional on-site parking if, in the opinion of the Municipality, the guest house does not have enough parking.“guest lodge”Land use description: “guest lodge” means an appropriately scaled establishment which provides temporary residence and meals for transient guests, lodging and meals are provided and—(a)includes a small conference/ training facility and also caters for business meetings, and(b)does not include a restaurant or backpackers’ accommodation.Development parameters:The maximum coverage is 60%.The floor factor may not exceed 1.(c)Height(i)The highest point of a building may not exceed 8,5 metres from natural ground level to the top of the roof.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Building lines(i)The street building line is at least 5 metres.(ii)Side and rear building lines are at least 4,5 metres.(iii)The general building line encroachments in this By-law apply.Parking and access must be provided in accordance with this By-law.The Municipality may require screening in accordance with this By-law.The Municipality may require a site development plan to be submitted for its approval.(h)Open space(i)Every guest lodge must have access to an outdoor living area on the land unit, which may include private or communal open space, but excludes roads, service yards and parking areas.(ii)An outdoor living area of at least 10% of the total erf area must be provided;such outdoor living area(s) must be of reasonable proportions and location to allow for leisure or recreational use by guests and lodgers, and may include open courtyards within the complex.A service yard must be provided on the land unit in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.(k)General(aa)The manager of the guest lodge must live on the property.(bb)A register of guests and lodgers must be kept, and completed when rooms are let.(cc)No more than 12 rooms per land unit may be used for bedroom accommodation for paying guests or lodgers, and no more than 24 paying guests or lodgers may be supplied with lodging or meals at any time.(dd)No alcoholic beverages may be served except to resident guests for consumption on the premises.(ee)Guest rooms may not be converted to, or used as, separate self-catering dwelling units.(ff)Meals may only be supplied to guests or lodgers who have lodging on the property, employees, and the family residing in the guest lodge.(gg)in the absence of a Municipal policy or By-law on outdoor advertising and signage, no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area.“halfway house”Land use description: “halfway house” means a facility that provides temporary accommodation for persons who have completed a formal treatment programme for substance abuse, but does not include inpatient treatment or similar facilities.Development parameters:The development parameters applicable to “dwelling unit” apply.“harvesting of natural resources”Land use description: “harvesting of natural resources” means the gathering of flora or fauna (living organisms) within a conservation-worthy area for sale or use by a person or agency other than a recognised environmental agency, provided that the harvesting—(b)does not deplete the resources below acceptable levels;(c)is not detrimental to the ecosystem; and(d)is in accordance with any applicable law.Development parameters:The development parameters applicable to “agriculture” apply.“helicopter landing pad”Land use description: “helicopter landing pad” means any portion of land, building, structure or part thereof which is demarcated for the purposes of landing or take-off of helicopters or vertical lift-off aircraft.Development parameters:As determined by the Municipality.“home care facility”Land use description: “home care facility” means the use of a dwelling unit, second dwelling, double dwelling unit or a portion thereof to provide permanent or temporary accommodation and care for the retired, or elderly persons in need of frail care, or people in need of health care to recuperate from a medical condition or procedure, provided that —(a)the scale of the dwelling unit or second dwelling shall not exceed that of a normal dwelling unit which would ordinarily accommodate one family;(b)the primary uses of the property shall remain a residence for the operator;(c)no more than 6 persons and three bedrooms be used for such facility; and(d)the operator of the enterprise shall permanently reside on the property.Development parameters:(a)The development parameters applicable to the primary uses apply.(b)The Municipality must require a site development plan for a home care facility.“home child care”Land use description: “home child care” means the use of a portion of a dwelling unit or its outbuildings by the occupant to provide day care, after school care or instruction for a limited number of infants or children.Development parameters:(a)The dominant use of the property must be for accommodation of a single family.(b)The owner of the home child care activity must live on the property.(c)Any new structure or alteration to the property to accommodate an additional use right must be compatible with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the dwelling unit, second dwelling, outbuilding, or shelter concerned.(d)No more than 3 employees may be engaged by the owner for the home child care activity.(e)No more than 6 children may be enrolled at the home child care facility at a time.(f)The home child care services must primarily be day care or educational, not medical.(g)The home child care services may not operate outside the hours 7:00 to 18:00 from Monday to Friday, and from 8:00 to 13:00 on Saturday. No home child care services are permitted on public holidays or Sundays.(h)Areas for indoor play space and outdoor play space must be provided in accordance with any health requirement or a policy plan as might be approved by the Municipality from time to time, and outdoor play space must be fenced off from any public street or neighbouring property by a 1,8 metre-high fence or wall.(i)In the absence of a Municipal policy or By-law on outdoor advertising and signage, no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 1 m² in area.(j)At least one off-street parking bay must be provided, plus one additional parking bay which is suitable for drop off and collection of children. The Municipality may at any stage require additional on-site parking where, in the opinion of the Municipality, the home child care service does not have enough parking for its operations.“home for the aged”Land use description: “home for the aged” means a building where permanent lodging is provided, with or without meals, to persons who are 50 years of age or older and—(a)includes—(i)such outbuildings as are normally used therewith;(b)does not include—(iii)bed and breakfast establishment; orDevelopment parameters:The development parameters applicable to “boarding accommodation”, apply.“home occupation”Land use description: “home occupation” means the practising of an occupation or the conducting of an enterprise by one or more occupants who reside on the property, provided that the dominant use of the property concerned must remain for the living accommodation of the occupants and home occupation does not include a house shop.Development parameters:(a)The dominant use of the property must be for accommodation of a single family.(b)The proprietor of the home occupation concerned must live on the property.(c)Any new structure or alteration to the property to accommodate a home occupation must be compatible with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the dwelling unit, second dwelling or outbuilding concerned.(d)Not more than three employees may be engaged by the occupant in the home occupation concerned.(e)No home occupation may include a noxious trade, risk activity, adult entertainment, adult services, adult shop, sale of alcoholic beverages, motor repair garage, funeral parlour or activities that are likely to generate a public nuisance, including but not limited to panel beating and spray painting, auto electrician, builder’s yard, welding works or joinery.(f)No goods for sale may be publicly displayed and no external evidence of the home occupation may be visible from a public street, except for an advertising sign in accordance with paragraph (g).(g)In the absence of a Municipal policy or By-law on outdoor advertising and signage no advertising sign may be displayed other than a single un-illuminated sign or notice not projecting over a public street and not exceeding 0,2 m² in area.(h)A “place of instruction” may be operated as a home occupation, provided that no more than 6 students may be accommodated at any given time.(i)No activities may be carried out which constitute or are likely to constitute a source of public nuisance, or generate waste material which may be harmful to the area or which requires special waste removal processes.(j)Off-street parking must be provided at a ratio of 1 parking bay per 25 m² area used for home occupation. The Municipality may at any stage require additional on-site parking where, in the opinion of the Municipality, there is not enough parking for the home occupation concerned.(k)The total area used for all home occupation activity on a land unit, including storage, ay not consist of more than 25% of the total floor area of the dwelling units on the land unit or 60 m², whichever is smaller.(l)The storage of all goods and equipment connected with the home occupation concerned must be inside a building or screened from neighbours and the public street.(m)Not more than two vehicles may be used in connection with a home occupation, and no one vehicle may exceed 3 500 kg in gross weight.(n)The hours of operation of a home occupation may not extend beyond 8:00 to 18:00 from Monday to Friday, and 8:00 to 13:00 on Saturday. No home occupation operations are permitted on public holidays or Sundays.(o)The Municipality may, at any stage, call for a cessation of the home occupation activity or impose conditions in order to minimise any potential nuisance to surrounding neighbours or the general public.(p)When “home occupation” is approved as a consent use right in any zone, the development parameters of “home occupation” apply over and above the development parameters of the relevant land use allowed as a primary right in the zone.(q)In order to exercise the consent use right under paragraph (o), the owner must obtain the written consent, where applicable, of the relevant owners’ association or Body Corporate, or all the owners within a housing scheme if the owners’ association or Body Corporate is not functioning.“hospital”Land use description: “hospital” means a place for the diagnosis and treatment of human illness, with integrated facilities such as operating theatres and live-in accommodation for patients and may include—(b)medical consulting rooms;(d)a subservient restaurant; andDevelopment parameters:The development parameters applicable to “place of instruction” apply.“hotel”Land use description: “hotel” means a property used as a temporary residence for transient guests, where lodging and meals are provided, and—(a)includes—(i)a restaurant or restaurants;(ii)conference, entertainment facilities and a chapel that are subservient and ancillary to the dominant use of the property as a hotel;(iii)premises which are licensed to sell alcoholic beverages for consumption on the property;(vi)a boarding accommodation, and(b)does not include—(ii)a backpackers’ accommodation;Development parameters:The development parameters applicable to “business premises” apply with the following concession:(a)Where it is proposed to erect a hotel of at least 13 bedrooms within this zone, the following portions of such hotel must be disregarded when calculating the total floor space of the building:(i)rooms which are used by residents and visitors as dining rooms, banqueting rooms, bars, restaurants, ballrooms, rooms for games and sports, lounges, sitting rooms, reading rooms, writing rooms and conference rooms;(ii)public foyers and areas comprising public or communal stoeps, verandahs, balconies, terraces or sun decks used by hotel residents or visitors;(iii)barber shops, hairdressing salons, florists and similar enterprises within the hotel for the exclusive use of hotel residents;(iv)offices forming part of the hotel premises, used solely for the administration and management of the hotel;(v)kitchens, sculleries, laundries and similar service facilities forming part of the hotel premises;(vi)storerooms appurtenant to the hotel; and(vii)staff quarters appurtenant to the hotel, including corridors, stairs and other means of access within such staff quarters, including all kitchens, dining rooms, recreation rooms, laundries and other such rooms for the exclusive use of staff.(b)If, in the opinion of the Municipality, a room is primarily for the use of persons other than hotel residents, staff or visitors, the room must be included in the floor space calculation of the building notwithstanding that it may be referred to in paragraph (a(i) to (vii), and any rooms which are not specifically referred to in paragraph (a)(i) to (vii) must also be included in the floor space calculation of the building.“house shop”Land use description: “house shop” means the conducting of a retail trade from a dwelling unit, second dwelling, shelter or outbuilding by one or more occupants who must reside on the property; provided that the dominant use of the property must remain for the living accommodation of the occupants.Development parameters:(a)Development parameters applicable to “dwelling unit”, “second dwelling” and “shelter” apply.(b)Any new structure or alteration to the property to accommodate the “house shop” must be reconcilable with the residential character of the area, particularly with regard to the streetscape, and must be capable of reverting to use as part of the“dwelling unit”, “second dwelling” or “shelter”.“industrial hive”Land use description: “industrial hive” means 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—(a)common parking and access;(g)open air motor vehicle display.Development parameters:The development parameters applicable to “light industry” apply.“industry”Land use description: “industry” means a property used as a factory and in which an article or part of such article is made, manufactured, produced, built, assembled, compiled, printed, ornamented, processed, treated, adapted, repaired, renovated, rebuilt, altered, painted (including spray painting), polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed, chilled, frozen or stored in cold storage; including offices, caretaker’s quarters, factory shop or other uses which are subservient and ancillary to the use of the property as a factory; and—(a)includes—(vi)renewable energy structures;(vii)rooftop base telecommunication station;(viii)freestanding base telecommunication station;(ix)warehouse and agricultural industry; and(b)does not include a noxious trade, scrap yard or risk activity.Development parameters:(a)Floor factor and coverage(i)The floor factor may not exceed 1,5.(ii)The maximum coverage is 75%.(b)Height(i)The highest point of a building may not exceed 18 metres to the top of the roof.(ii)The highest point of a stack of shipping or transport containers stored outside a building may not exceed 15 metres above average ground level.(iii)The general provisions regarding earth banks and retaining structures in this By-law apply.(c)Street boundary building lineThe street boundary building line is 0 metres, with a street centreline setback of at least 8 metres.(d)Side and rear boundary building linesSide and rear boundary building lines are 0 metres, provided that the Municipality may lay down side and rear building lines of up to 3 metres in the interest of public health and/or safety.Where a land unit has a common boundary with another land unit that is not zoned Industrial Zone II or Industrial Zone III, the Municipality may require a 1,8 metre-high wall to be erected, to the satisfaction of the Municipality, along the common boundary.Parking and access must be provided on the land unit in accordance with this By-law.Loading bays must be provided on the land unit in accordance with this By-law.The Municipality may require screening in accordance with this By-law.Notwithstanding the fact that an activity constitutes a primary uses right in terms of this zone, no activity or use which includes the on-site storage of hazardous substances may be permitted unless a risk management and prevention plan has been submitted to the Municipality for its approval. Such a risk management and prevention plan must include guidelines approved by the Municipality to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences of any dangerous event involving such hazardous substances.The same development management provisions which apply to an industrial hive under “light industry” apply to an industrial hive in this zone.The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.“informal trading”Land use description: “informal trading” means the legal selling of products in areas demarcated by the Municipality specifically for these purposes, including markets and other areas demarcated in accordance with the Municipality’s informal trading policy or By-law.Development parameters:As determined by the Municipality.“institution”Land use description: “institution” means a property used as a facility that renders services to the community—(a)including—(iii)home for the aged, retired, indigent or handicapped, frail care facility;(iv)a social facility such as a counselling centre, orphanage and rehabilitation centre; and includes:(v)ancillary accommodation, administrative, convenience shop, health care, training and support services and facilities;(b)does not include a correctional facility.Development parameters:Development parameters applicable to “place of instruction” apply.“intensive animal farming”Land use description: “intensive animal farming” means—(a)the breeding, feeding and keeping, on an intensive basis, of animals or poultry confined to buildings, or structures; and(b)does not include the breeding, feeding and keeping of wildlife.Development parameters:Development parameters applicable to “agriculture” apply.“intensive horticulture”Land use description: “intensive horticulture” means the culture of plants on an intensive scale, including:(a)the culture of plants under a roof or in greenhouses; and(b)the sale of self-produced plants on a property.Development parameters:Development parameters applicable to “agriculture” apply.“light industry”Land use description: “light industry” means—(a)an industry, not being a hazardous or offensive industry or involving use of hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise;(b)involves manufacturing that is less capital-intensive and requires less machinery than other types of manufacturing; and(c)includes—(i)the manufacturing of consumer products, including electronics and clothing;(iv)renewable energy structure;(vii)caretaker’s quarters;(ix)open air motor vehicle display(x)rooftop base telecommunication station;(xi)freestanding base telecommunication station(xii)agriculture industry.Development parameters:The maximum floor factor on the land unit is 1,5.The maximum coverage for all buildings on a land unit is 75%.(c)Height(i)No building may exceed a height of two storeys.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.The street building line is at least 5 metres.The side building line is at least 3 metres.The rear building line is at least 3 metres.Where a land unit has a common boundary with another land unit which is not zoned for industrial purposes, the Municipality may require a 1.8 metre-high wall to be erected to the satisfaction of the Municipality, along the common boundary.Parking and access must be provided in accordance with this By-law.Loading bays must be provided in accordance with this By-law.The Municipality may require screening in accordance with this By-law.A refuse room must be provided on the land unit in accordance with this By-law.No activity which includes storage of on-site hazardous substances may be permitted unless a risk management and prevention plan has been submitted to the Municipality for its approval. Such a risk management and prevention plan must include guidelines approved by the Municipality to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences of any dangerous event involving such hazardous substances.A site development plan must be submitted to the Municipality for its approval.The following additional development parameters apply for an industrial hive, namely:(i)the design principles which are reflected in the definition of “industrial hive” must be closely followed and implemented;(ii)special attention must be given to aesthetics, architectural coordination, urban design and landscaping; and(iii)the Municipality may impose conditions specifying limits on the mix of retail and manufacturing activities, and the industrial hive may not allocate more than 50% of the total floor space to retail activities, shops or associated uses.“liquor store”Land use description: “liquor store” means an establishment where the dominant use is the retail sale of alcoholic beverages, for consumption off the property.Development parameters:The development parameters applicable to “shop” apply.“medical consulting rooms”Land use description: “medical consulting rooms” means an office or offices and ancillary rooms used by a registered medical professional for human medical or medical-related consultation, where such office is not attached to a hospital or clinic.Development parameters:The development parameters applicable to “office” apply.“mine”Land use description: “mine” means mine as defined in the Mineral and Petroleum Resources Development Act, 2002 (Act 28 of 2002) and includes extracting gas for market production purposes.Development parameters:The following development management provisions apply:(a)The owner must comply with national and provincial statutory requirements applicable to mining.(b)Any application to rezone land to Industrial Zone IV must contain an explanation of the measures that will be implemented to address safety and environmental concerns which may be imposed as conditions of approval by the Municipality, including but not limited to:(i)control of drainage, sedimentation and erosion;(ii)preservation of surface and substance water;(iii)preservation of topsoil;(iv)provision for restoration and the re-use of the site;(v)provision for noise and visual buffering;(vi)accommodation of heavy traffic and vehicles on roadways; and(vii)a phased programme for rehabilitation.(c)A site development plan must be submitted to the Municipality for its approval.“mobile home”Land use description: “mobile home” means a transportable structure which is designed so that it can be used as a permanent dwelling and which has the necessary service connections for a permanent dwelling.Development parameters:As determined by the Municipality.“motor repair garage”Land use description: “motor repair garage” means a commercial enterprise where motor vehicles are provided with fuel or major services including engine overhauling, spray-painting, panel beating, blacksmithery, exhaust fitment, shock absorber fitment or body work, and includes a service station.Development parameters:The development parameters applicable to “shop” apply. The following additional development parameters apply:(a)A site development plan must be submitted to the Municipality for its approval.(b)Any part of the property of a motor repair garage which is used for the repair of motor vehicles, the storage of inoperable motor vehicles or parts of motor vehicles, empty containers such as oil drums and packing cases, or any other scrap, must be enclosed with a solid screen wall at least 2 metres high, or contained in a building.(c)Any motor repair garage that supplies fuel must comply with the following access requirements:(i)the width of motor vehicle carriageway crossings over the street boundary, whether one-way or two-way, may not exceed 8 metres;(ii)a wall, at least 100 millimetres thick and 350 millimetres high, must be erected on the street boundary between different motor vehicle carriageway crossings, and such a wall must continue along such boundary unless the property is otherwise enclosed;(iii)the motor vehicle carriageway crossings must be limited to two per site unless the total length of a street boundary exceeds 30 metres, in which case one additional motor vehicle carriageway crossing may be permitted;(iv)at the point where it crosses the street boundary, a motor vehicle carriageway crossing may not be closer than:(aa)30 metres to the intersection of a provincial road and with any other road of a similar status;(bb)30 metres to the nearest point of an intersection where traffic is controlled, or is proposed to be controlled, by a traffic signal or traffic island;(cc)10 metres the corner of an intersection not described in items (aa) and (bb), if such intersection is not splayed, or 5 metres from the point where the splay meets the road boundary if such intersection is splayed; and(dd)1,5 metres from a side boundary; and(v)no fuel pump shall be erected so that the base or island on which the pump stands is less than 3,5 metres from the nearest street boundary.“multiple parking garage”Land use description: “multiple parking garage” means a place, excluding a road, street and on-site parking associated with a primary or consent use, that is used for parking of motor vehicles by the public, with or without a fee, and may include parking within a building.Development parameters:Development parameters applicable to “business premises” apply.“nature conservation area”Land use description: “nature conservation area” means the use and management of land with the objective of preserving the natural biophysical characteristics of that land, such as the fauna and flora and includes:(a)a dwelling unit on a property zoned solely Open Space Zone III;but does not include tourist facilities, tourist accommodation or agriculture.Development parameters:(a)The Municipality may require an environmental conservation plan to be submitted for its approval.(b)The Municipality must determine the land use restrictions and the development parameters for the property based on the objectives of this zoning, the particular circumstances of the property and, where applicable, in accordance with an approved environmental management plan.(c)One dwelling unit is allowed if no dwelling unit exists on another portion of the land unit zoned for agriculture purposes or if the full extent of the land unit is zoned Open SpaceIII.(d)When a consent use to provide tourist facilities in a “nature conservation area” is approved, it is subject to conditions laid down by the Municipality with regard to layout, landscaping and building design.(e)A site development plan must be submitted to the Municipality for its approval, clearly indicating the position of all structures, services and internal roads.“nature reserve”Land use description: “nature reserve” means a national park or some other nature area that is owned by an organ of state or remains in private ownership and has been declared as a nature reserve or has a similar status in terms of legislation; it consists of an area which is utilised as a game park or reserve for fauna and flora in their natural habitat that(a)includes environmental facilities and worker accommodation; and(b)does not include accommodation facilities for tourists or holiday makers.Development parameters:(a)An environmental management plan must be submitted to the Municipality, SANParks and/ or CapeNature for their approval.(b)SANParks and / or Cape Nature must, in consultation with the Municipality, determine the land use restrictions and the development parameters for the property based on the objectives of this zoning, the particular circumstances of the property, and in accordance with an approved environmental management plan.(c)When consent use(s) to provide tourist facilities or tourist accommodation in a “nature reserve” are approved, conditions must be laid down with regard to density, layout, landscaping, and building design.(d)A site development plan must be submitted to the Municipality for its approval, clearly indicating the position of all structures, stands, services and internal roads.“neighbourhood shop”Land use description: “neighbourhood shop” means a property used for the retail sale, principally, of convenience goods to the public and providing service almost exclusively to the inhabitants of a specific neighbourhood and its surrounding area, and(a)Includes laundrette, hair salon, medical practitioner, clinic, restaurant, flats above ground floor and rooftop base telecommunication station; and(b)does not include a liquor store; shop, supermarket; service trade or office.Development parameters:The development parameters applicable to “shop” apply.Despite the zero side and rear building lines, a 3-metre side or rear building line applies where a land unit zoned Business Zone III (neighbourhood shop) abuts on a residential zone.“noxious trade”Land use description: “noxious trade” means an industry which is offensive, poisonous or potentially harmful use or activity which, because of fumes, emissions, smell, vibration, noise, waste products, nature of material used, processes employed, or other cause, is considered by the Municipality to be a potential source of danger, nuisance or offence to the general public or persons in the surrounding area and includes(c)renewable energy structure;(d)rooftop base telecommunication station; and(e)freestanding base telecommunication station.Development parameters:The following development parameters apply:The maximum floor factor on the land unit is 2.The maximum coverage for all buildings on the land unit is 75%.(c)Height(i)No height restriction applies to buildings used for a noxious trade, risk activity or manufacturing in this zone.(ii)Buildings not used for noxious trade, risk activity or manufacturing purposes may not exceed a height of 18 metres to the top of the roof.(iii)The general provisions regarding earth banks and retaining structures in this By-law apply.(iv)The highest point of shipping or transport containers, when stored or stacked outside a building connected with a noxious trade, may not exceed 15 metres above average ground level.(d)Building lines(i)The street boundary building line is at least 5 metres.(ii)The side and rear boundary building lines are at least 5 metres.Parking and access must be provided on the land unit in accordance with this By-law.Loading bays must be provided on the land unit in accordance with this By-law.The Municipality may require screening on the land unit in accordance with this By-law.Where a land unit has a common boundary with another land unit that is not zoned Industrial Zone II or Industrial Zone III, the Municipality may require a 1,8 metre-high wall to be erected along the common boundary, of which the quality and finishing must be to the satisfaction of the Municipality.Notwithstanding the fact that an activity constitutes a primary uses right in terms of this zone, no activity or use which includes the on-site storage of hazardous substances is permitted unless a risk management and prevention plan has been submitted to the Municipality for its approval. Such a risk management and prevention plan must include guidelines approved by the Municipality to prevent or minimise danger to the environment or humans from a particular activity or series of activities, and to deal with the consequences of any dangerous event involving such hazardous substances.A refuse room must be provided on the land unit in accordance with this By-law.The Municipality may require a site development plan to be submitted for its approval.“occasional use”Land use description: “occasional use” means a temporary departure granted by the Municipality for a specific occasion or event that may include(f)seasonal camping sites; andDevelopment parameters:The following development parameters apply:(a)The applicant must provide parking and toilet facilities to the satisfaction of the Municipality.(b)The temporary activities may not extend for a continuous period of more than 30 days.(c)Notwithstanding paragraph (b) the Municipality may determine a longer period for a builder’s yard.(d)The approval may be withdrawn by written notice to the applicant if any condition of approval is not be complied with or if, in the opinion of the Municipality, the occasional use concerned creates a public nuisance.“office”Land use description: “office” means property used for the conducting of an enterprise primarily concerned with administrative, clerical, financial or professional duties, and includes(a)medical consulting rooms;Development parameters:The following development parameters apply:The floor factor may not exceed 1.Coverage may not exceed 60%(c)Street centre line setbackThe municipality may require that all buildings or structures on the land unit are set back at least 6,5 metres from the centre line of the abutting street or streets.(d)Height(i)The highest point of a building may not exceed 11 metres from average ground level to the top of the roof.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(e)Building lines(i)The street building line is at least 5 metres.(ii)The side and rear building lines are at least 3 metres.(iii)Notwithstanding subparagraph (ii), the side building lines for properties smaller than 650 m² must be 0 metres for the first 12 metres measured perpendicular from street boundary; 0 metres for 60% of total remaining linear distance along all side and rear boundaries around the land unit; and 3 metres for the remainder.(iv)The general building line encroachments in this By-law apply.(f)Garages and carports(i)A garage or carport is permitted within the common boundary building line provided the garage or carport(aa)does not exceed 4 metres to the top of the roof; and(bb)does not contain more than a double garage façade with a maximum length of 12 metres and width of 6,5 metres.(ii)For land units exceeding 650 m², a garage or carport may not be closer than 5 metres from the street boundary, notwithstanding the street building line.Parking and access must be provided on the land unit in accordance with this By-law, except in a case where the Municipality has approved alternative parking supply under subsection 43(1).Loading bays must be provided on the land unit in accordance with this By-law.The Municipality may require screening in accordance with this By-law.(j)Canopy or balcony projectionCanopy and balcony projections for “business premises” apply.The Municipality may require a refuse room to be provided on the land unit in accordance with this By-law.“off-road trail”Land use description: “off-road trail” means a series of roads, tracks and routes designed for recreational use(a)and includes buildings and facilities normally required for the administration and maintenance of the trail; and(b)does not include tourist accommodation; or tourist facilities.Development parameters:The development parameters applicable to “agriculture” apply.“open air motor vehicle display”Land use description: “open air motor vehicle display” means the display of motor vehicles for the purpose of trading under open air where such area does not form part of a covered showroom and where shade cloth shall not be construed as a permanent method of covering.Development parameters:The development parameters of “shop”, apply“outdoor trading and dining”Land use description: “outdoor trading and dining” means the regular and daily use of land in an outdoor setting for the selling of goods and food, and includes outdoor dining and seating, and where such activities typically takes place in the open air, and/or from temporary structures such as stalls, tents or caravans, and may also take place in permanent open structures which provide protection from the elements whilst in an open-air setting.Development parameters:(a)The Municipality must require a site development plan for outdoor trading and dining.(b)The site development plan as approved by the Municipality constitutes the development parameters.(c)The provisions for a site development plan in this By-law apply.“place of assembly”Land use description: “place of assembly” means(a)a place which has a civic function to serve the social and community needs of an area, which may attract people in relatively large numbers and which is not predominantly a commercial enterprise(b)including a civic hall, concert hall, indoor sports centre, gymnasium, sport stadium, and club house; and(c)does not include a place of entertainment, or conference facility.Development parameters:Development parameters applicable to “place of instruction” apply.“place of entertainment”Land use description: “place of entertainment” means a place used predominantly for commercial entertainment and may include a bar, stage or live music, one or more dance floor areas, a DJ booth and which may attract relatively large numbers of people, operate outside normal business hours or generate noise from music or revelry on a regular basis; and includes—(d)electronic or mechanical playing devices,Development parameters:The following development parameters apply:(a)As determined by the Municipality.(b)The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.“place of instruction”Land use description: “place of instruction” means(a)a place for education or training at pre-school, school or post-school levels, including(vii)research institute; and(b)includes the following ancillary uses(ii)sports and recreation centre;(iii)a civic facility for the promotion of knowledge to the community, including-(ee)place of instruction in sport where the main objective is instruction rather than participation of the public as competitors or spectators; and(c)does not include a reformatory or a conference facility.Development parameters:The maximum floor factor is 1,2.The maximum coverage is 60%.(c)Height(i)The highest point of a building to the top of the roof may not exceed 12 metres, provided that there is no height limit for a bell tower, steeple, minaret or similar architectural feature designed to accentuate the significance of a building.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Building lines(i)The street building line is at least 5 metres.(ii)Side and rear building lines are at least 5 metres.(iii)The general building line encroachments in this By-law apply.Parking and access must be provided on the land unit in accordance with this By-law.(f)Loading baysLoading bays must be provided on the land unit in accordance with this By-law.(g)ScreeningThe Municipality may require screening in accordance with this By-law.(h)Noise mitigationThe Municipality may require the owner to install noise mitigation measures if excessive noise is created or likely to be created.A refuse room must be provided on the land unit in accordance with this By-law.“place of leisure”Land use description: “place of leisure” means a place used predominantly for commercial leisure activities that may attract relatively large numbers of people, operate outside normal business hours or generate noise from such activities on a regular basis, including(c)amusement park / centre;(k)indoor sport and recreation centre; and(l)outdoor sport and recreation centre.Development parameters:The following development parameters apply:(a)As determined by the Municipality.(b)The Municipality may require a site development plan to be submitted for its approval in accordance with this By-law.“place of worship”Land use description: “place of worship” means a church, synagogue, mosque, temple, chapel or other place for practising a faith or religion, and(a)Includes ancillary uses such as a religious leader’s dwelling, crèche, office, function hall, or place for religious instruction; and(b)does not include a funeral parlour, cemetery or crematorium.Development parameters:Development parameters applicable to “place of instruction” apply.“plant nursery”Land use description: “plant nursery” means a property used for one or more of the following uses as a commercial enterprise:(a)cultivation of plants;(c)sale of gardening products and gardening equipmentDevelopment parameters:Development parameters applicable to “agriculture” apply.“private open space”Land use description: “private open space” means land not designated as public open space which is used primarily as a private site for sport, play, rest or recreation, or as a park or nature conservation area and(a)includes ancillary buildings, infrastructure, and public land which is or will be leased on a long term basis; and(b)does not include shops, restaurants and gymnasiums.Development parameters:The following development parameters apply:(a)The Municipality must require a site development plan to be submitted for its approval.(b)The site development plan as approved by the Municipality constitutes the development parameters for a primary uses, if applicable, and a consent use.“private parking”Land use description: “private parking” means property which is reserved exclusively for parking purposes, where the parking is not normally accessible to the general public.Development parameters:A site development plan must be submitted to the Municipality for its approval. The site development plan as approved constitutes the development parameters for such private parking.“private road”Land use description: “private road” means privately owned land which provides vehicle access to a separate cadastral property or properties; and(a)includes utility services and ancillary access control infrastructure, including a gatehouse, guardhouse, refuse room and utility room; and(b)does not include a driveway on a property, or a servitude right of way over a property as these do not constitute private roads for the purpose of this zoning scheme.Development parameters:As determined by the Municipality.“prospecting”Land use description: “prospecting” means the first stage of physical search for minerals, fossils, precious metals or mineral specimens and may be granted as a temporary departure from this By-law by the Municipality since it does not constitute a primary, consent or occasional use right in terms of this By-law.Development parameters:As determined by the Municipality.“public open space”Land use description: “public open space”(a)means land, with or without access control(i)owned by the Municipality or other organ of state;(ii)not leased out by the Municipality or that other authority on a long-term basis,(ii)set aside for the public as an open space for recreation or outdoor sport and designated as public open space; and(b)includes nature area, park, playground, public or urban square, picnic area; public garden, ancillary buildings and infrastructure.Development parameters:The following development parameters apply:(a)The Municipality must require a site development plan to be submitted for its approval.(b)The site development plan as approved by the Municipality constitutes the development parameters for a primary uses and a consent use, if the latter is applicable,“public parking”Land use description: “public parking” means property that is accessible to the general public for parking purposes with or without a fee and/or access control.Development parameters:A site development plan must be submitted to the Municipality for its approval. The site development plan as approved constitutes the development parameters for such public parking.“public street”Land use description: “public street” means any land, owned by or vesting in the Municipality, indicated on an approved plan, diagram or map as having been set aside as a public thorough way for vehicles and pedestrians,; and includes—(a)open public parking areas;(c)those parts of a public place that are travelled parts;(d)informal trading ; and(e)appropriate and necessary street furniture and infrastructure, including reticulation networks, which does not present any threat to the safety or obstruct or inhibit free movement of pedestrians.Development parameters:A site development plan must be submitted to the Municipality for its approval. The site development plan as approved constitutes the development parameters for such public street.“quarry”Land use description: “quarry” means a place from which dimension stone, rock, construction aggregate, riprap, sand, gravel or slate is excavated from the ground. A quarry is a type of open-pit mine that produces building materials and dimension stone.Development parameters:(a)Development parameters applicable to “agriculture” together with additional parameters determined by the Municipality apply.(b)If a quarry is approved as a consent use in Agricultural Zone I, the consent may only be granted for the number of years equal to the expected lifetime of the quarry concerned.(c)The owner must comply with national and provincial statutory requirements applicable to mining.(d)Any application to rezone land to Industrial Zone IV must contain an explanation of the measures that will be implemented to address safety and environmental concerns which may be imposed as conditions of approval by the Municipality, including but not limited to:(i)control of drainage, sedimentation and erosion;(ii)preservation of surface and substance water;(iii)preservation of topsoil;(iv)provision for restoration and the re-use of the site;(v)provision for noise and visual buffering;(vi)accommodation of heavy traffic and vehicles on roadways; and(vii)a phased programme for rehabilitation.(e)A site development plan must be submitted to the Municipality for its approval.“rehabilitation centre”Land use description: “rehabilitation centre” means a facility providing treatment for substance abuse.Development parameters:Development parameters applicable to “place of instruction” apply.“renewable energy structure”Land use description: “renewable energy structure”(a)means any wind turbine, solar energy generating apparatus, including solar photo-voltaic and concentrated solar thermal, hydro turbines or bio mass facility or any grouping thereof, that captures and converts wind, solar radiation or bio mass into energy for commercial gain; and(b)includes any appurtenant structure necessary for, or directly associated with, generation of renewable energy, or any test facility or structure that may lead to the generation of energy on a commercial basis, excluding electrical grid connections.Development parameters:(a)Height(i)The maximum height of a renewable energy structure is technology dependent.(ii)The height of buildings may not exceed 8,5 metres from natural ground level to the top of the roof.(b)SetbackIn the case of a wind turbine the setback is(i)A distance equal to 1,5 times the overall blade tip height of the turbine, measured from the nearest residential, commercial or critical agricultural structures such as animal housing, outbuilding, store rooms, excluding structures such as water troughs, feed dispensers, and windmills;(ii)a distance of 100m from the cadastral boundary of the land unit, unless the renewable energy structure straddles two or more cadastral boundaries, in which case no setback applies;(iii)a distance of 100m from any public road or private or public right of way, unless it provides access to the turbine;(iv)a distance of 100m from any electrical infrastructure; and(v)a distance of 1000m from towns, settlements or urban areas.(c)Site development plan(i)A site development plan must be submitted to the Municipality for its approval.(ii)The site must be surveyed and the exact delineation of the construction footprint must be shown in the site development plan.(iii)To the extent necessary, any relevant measures contained in these regulations must be incorporated into the site development plan submitted to the Municipality for approval.(d)Land clearing, soil erosion and habitat impact(i)The clearing of natural vegetation is limited to that which is necessary for the construction, operation and maintenance of the renewable energy structure as regulated by applicable environmental legislation.(ii)Wind turbines, solar structures, access roads and other infrastructure must be located to minimise damage to natural vegetation, water courses and wetlands.(iii)All land cleared which does not form part of the footprint of a renewable energy structure must be rehabilitated according to a rehabilitation plan for the land concerned, approved by the Municipality.(iv)Constructing or operating the renewable energy structure may not cause soil erosion, and any high-risk erosion areas must be rehabilitated by the operator, to the satisfaction of the Municipality.(v)The applicant must prove, to the satisfaction of the Municipality, that planning for the renewable energy structure concerned has taken into account and mitigated the risk of all impacts in respect of, and necessary distances which should be maintained from, wetlands, water bodies, threatened ecosystems, mountains, ridges, hills, coastal buffers, settlements, telecommunication towers, transmission towers and power lines.(vi)The applicant must provide exact coordinates relevant to land clearing, soil erosion and habitat impact to assist the Municipality to evaluate the risk of possible negative environmental impacts of the renewable energy structure concerned.(e)Noise, air quality and nuisanceThe renewable energy structure will not exceed a noise limit of 45 dB(A) during the night and 55 dB(A) during the day, at the nearest dwelling.(f)Finishing, colour and design(i)A wind turbine structure must be treated with a neutral, non-reflective exterior colour and designed to blend in with the surrounding natural environment, to the satisfaction of the Municipality.(ii)A solar structure must minimise any adverse effects related to its reflective surfaces and must be designed and built in a way that mitigates this impact, as required by the Municipality.(g)Appurtenant structures(i)All appurtenant structures to a renewable energy structure prescribed by the Municipality concerning bulk, height, yard sizes, building lines, open space, parking and building coverage requirements are subject to applicable By-laws.(ii)Appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and sub-stations must be architecturally compatible with the receiving environment as required by the Municipality, and contained within a renewable energy structure site development plan submitted for approval by the Municipality.(iii)Appurtenant structures may only be used for the storage of equipment or other uses directly related to the operation of the particular facility with which they are associated.(iv)Appurtenant structures must be screened from view by indigenous vegetation or be joined and clustered to minimise adverse visual impacts.(h)Lighting(i)A renewable energy structure or any part of such a structure may only be lit for safety and operational purposes and the lighting must be appropriately screened from abutting land units.(ii)A renewable energy structure must comply with the lighting air safety requirements of the South African Civil Aviation Authority in terms of the Civil Aviation Act, 2009 (Act 13 of 2009).(i)Signage and advertisingSigns on renewable energy structures must comply with national and local signage regulations and be limited to signage necessary to—(i)identify the operator;(ii)provide 24-hour emergency contact numbers; and(iii)provide warning of any dangers associated with the structure;No commercial advertising, including advertising for the provider or operator, may be displayed on any renewable energy structure.The owner is responsible for maintaining a renewable energy structure in good condition, including any access road, unless deemed a public way, and for paying the cost of repairing any damage resulting from construction or operation.Maintenance includes—(iii)rehabilitation measures; and(iv)the upkeep of security and safety measures.Any modification to a renewable energy structure, excluding inconsequential in situ technical improvements, made after approval and which is not in accordance with the approval and its conditions, requires authorisation from the Municipality within the parameters of these regulations by means of—(i)the amendment of approved conditions;(ii)a new consent use approval;(iii)amendment of the approved site development plan; or(iv)amendment of the approved building plan.(i)Any renewable energy structure and associated infrastructure which has reached the end of its productive life or has been abandoned, including buildings, cables and roads, must be removed by the owner.(ii)A renewable energy structure is considered abandoned when the structure fails to continuously operate for more than two years.(iii)When a renewable energy structure is scheduled to be decommissioned or operations have been discontinued or it has been abandoned, the land owner must, by registered mail, notify the Municipality within 30 days after the operation ceased, and of plans for removal of the structure and infrastructure referred to in subparagraph (i).(iv)The owner is responsible for the removal of the structure in all its parts, within 150 days after the date of discontinued operation, or as agreed upon by the Municipality after submission of a plan for decommissioning. The Municipality may, for reasons which are justifiable in its opinion, grant an extension of the deadline for removing the structure and its parts. The land must then be rehabilitated by the owner, to the satisfaction of the Municipality, to the condition prescribed in the approved environmental management plan and the approved decommissioning plan.(v)Decommissioning must include, inter alia—(aa)the removal of all renewable energy structures and appurtenant structures, including equipment, bases, foundations, security barriers and transmission lines directly related to the renewable energy;(bb)disposal of all solid and hazardous waste in accordance with provincial and local waste disposal regulations; and(cc)the stabilisation and re-vegetation of the site with indigenous vegetation to minimise erosion.(vi)The Municipality may, in order to minimise erosion and disruption to natural vegetation and habitats, grant permission to the owner to depart from the decommissioning plan in respect of removing landscaping, underground foundations or other underground components, provided these do not cause any pollution.(vii)Prior to the construction of the renewable energy structure commences, the owner must make financial provision or an alternative reasonable arrangement, to the satisfaction of the Municipality, for protection against failure at any time after site construction has started for the rehabilitation or management of negative environmental impact of decommissioning or of abandonment in the event of the owner being unable to fulfil necessary financial obligations.(viii)If the owner fails to remove the structure or its parts in accordance with the requirements of these regulations within 150 days of abandonment or the date of decommissioning or an approved extension date, the Municipality may enter the property and remove the structure and its parts, and to recover all removal costs incurred from the owner.(ix)If the owner fails to meet the requirements of subparagraph (i), the Municipality may, after written notice to the owner, use all or part of the financial provision or other provision referred to in subparagraph (vii) to rehabilitate or manage the negative environmental impact concerned, or to remove the facility.“resort shop”Land use description: “resort shop” means a shop that provides for the daily needs of transient guests of a holiday resort or camping site.Development parameters:The floor space of a resort shop may not exceed 120 m².“restaurant”Land use description: “restaurant” means a commercial establishment where meals and liquid refreshments are prepared or served or prepared and served to paying customers primarily for consumption on the property, and may include licensed provision of alcoholic beverages for consumption on the property, and the option for customers to purchase food for consumption off the property.Development parameters:Development parameters as applicable to “business premises” apply.“retirement resort”Land use description: “retirement resort” means estate housing, flats, group housing or town housing that conforms to the following additional conditions:(a)each dwelling unit must be occupied by a retiree or pensioner or by a family of which at least one member is a retiree or pensioner; and(b)a full spectrum of frail care and other facilities reasonably associated with a retirement resort may be provided at such a retirement resort.Development parameters:Development parameters applicable to the primary land use apply.“riding school”Land use description: “riding school” means a place or undertaking for the leasing of horses and riding instructions against payment, and includes the care and stabling of the horses.Development parameters:Development parameters as applicable to “agriculture” apply.“risk activity”Land use description: “risk activity” means an undertaking where the material handled or the process carried out is liable to cause extremely rapid combustion, give rise to poisonous fumes, or cause explosion, and includes major hazardous installations and activities involving dangerous and hazardous substances that are controlled in terms of national legislation.Development parameters:Development parameters applicable to “agriculture” apply.“rooftop base telecommunication station”Land use description: “rooftop base telecommunication station” means a support structure attached to the roof, side or any part of a building and used to accommodate telecommunication infrastructure for the transmitting or receiving of electronic communication signals.Development parameters:The general provisions of section 31 of this By-law apply.“scrap yard”Land use description: “scrap yard” means a property which is utilised for one or more of the following purposes:(a)storing, depositing or collecting of junk or scrap material or articles the value of which depend mainly or entirely on the material used during their manufacture;(b)the dismantling of second-hand vehicles or machines to recover components or material; and(c)the storage or sale of second-hand parts, poles, steel, wire, lumber yards, tyres, bricks, containers or other articles which are suited to being left in the open.Development parameters:Development parameters applicable to “industry” apply.“second dwelling”Land use description: “second dwelling” means another dwelling unit which may, in terms of this By-law, be erected on a land unit where a dwelling unit is also permitted; and such second dwelling may be a separate structure or attached to an outbuilding or may be contained in the same structure as the dwelling unit; provided that –(a)a second dwelling may only be erected in a use zone where provision has been made in column 2 of the table set out in Schedule 1 for a second dwelling unit as a consent use; and(b)the second dwelling must remain on the same land unit as the dwelling unit and not be alienated separately, and(c)a site development plan must be submitted to the municipality for its approval.Development parameters:The development parameters applicable to “dwelling unit” apply, together with the following additional parameters:(a)The total floor space of a second dwelling unit may not exceed 150 m², which includes the floor space of all ancillary buildings.(b)A second dwelling must be constructed in a style that is similar to the architecture of the main dwelling unit.(c)A second dwelling that is a separate structure to a dwelling unit may not exceed a height of 6,5 metres to the top of the roof.(d)A second dwelling that is contained within the same building as a dwelling unit must be designed so that the building appears to be a single dwelling unit; both units may have a ground floor, or one unit may be on the ground floor and the other unit above.(e)The existence of a second dwelling may not in itself be sufficient reason for the Municipality to grant an application in terms of planning law to subdivide the land unit containing the dwelling units.(f)The construction of a second dwelling may be subject to the Municipality’s municipal services department certifying that adequate services network capacity is available to serve the needs of the second dwelling.“service station”Land use description: “service station” means property for the retail supply of fuel, and(a)may include uses such as washing of vehicles, a convenience shop and a restaurant; and(b)does not include spray-painting, panel beating, motor repair garage, open air motor vehicle display or truck stop.Development parameters:The development parameters applicable to “shop” apply. The following additional development parameters apply:(a)A site development plan must be submitted to the Municipality for its approval. The site development plan must at least address matters pertaining to vehicle access, risk management of fuel pumps and fuel storage areas, screening and minimising any visual intrusion or operational disturbance with adjoining properties.(b)Any part of the property of a service station which is used for the repair of motor vehicles, the storage of inoperable motor vehicles or parts of motor vehicles, empty containers including oil drums and packing cases, or any other scrap, must be enclosed by a solid screen wall at least 2 metres high, or contained within a building.(c)Any service station must comply with the following access requirements:(i)the width of motor vehicle carriageway crossings over the street boundary, whether one-way or two-way, may not exceed 8 metres;(ii)a wall, at least 100 millimetres thick and 350 millimetres high, must be erected on the street boundary between different motor vehicle carriageway crossings, and the wall must continue along the boundary unless the property is otherwise enclosed;(iii)the motor vehicle carriageway crossings must be limited to two per site unless the total length of a street boundary exceeds 30 metres, in which case one additional motor vehicle carriageway crossing may be permitted;(iv)at the point where it crosses the street boundary, a motor vehicle carriageway crossing may not be closer than(aa)30 metres to the intersection of a provincial road and with any other road of a similar status;(bb)30 metres to the nearest point of an intersection where traffic is controlled, or is proposed to be controlled, by a traffic signal or traffic island;(cc)10 metres from the corner of an intersection not referred to in items (aa) or (bb) if such intersection is not splayed, or 5 metres from the point where the splay meets the road boundary if such intersection is splayed; and(dd)1,5 metres from a side boundary.(d)No fuel pump may be erected so that the base or island on which the pump stands is less than 3,5 metres from the nearest street boundary.“service trade”**Land use description:V “service trade” means an enterprise which is—(a)primarily involved in the rendering of a service for the local community including the repair of household appliances or the supply of household services;(b)not likely to be a source of disturbance to surrounding properties;(c)employs at most 10 people;(d)not likely, in the event of fire, to cause extremely rapid combustion, give rise to poisonous fumes or cause explosions;(e)includes laundry, bakery, dairy depot, and similar types of uses; and(f)does not include an abattoir, brick-making site, builder’s yard, sewage works, service station, open air motor vehicle display or motor repair garage.Development parameters:The development parameters applicable to “shop” apply.“shelter”Land use description: “shelter” means a unit of accommodation, intended for human occupation with such outbuildings as are ordinarily used with a dwelling unit, constructed of any material whatsoever, even though the material may not comply with the standards of durability intended by the National Building Regulations; and includes—(a)renewable energy structures for household purposes;(b)a bed and breakfast establishment; andDevelopment parameters:(a)It is the sole responsibility of the occupant or owner of the shelter to ensure the structural, habitability, fire resistance or other standards of a shelter.(b)The Municipality may instruct any occupant or owner of a shelter to take action to remedy a public safety, health or fire risk.(c)The dominant use of the unit must remain residential.(d)No noxious trade, risk activity, adult entertainment, adult services or adult shop is permitted in a shelter.(e)No activities may be carried out in a shelter which constitute or are likely to constitute a source of nuisance, including the use of equipment that generates excessive noise, or any activity which results in the generation of dust, fumes, smoke, or waste material which could be detrimental to health, or which requires special waste removal processes.(f)The Municipality may, at any stage, call for a cessation of the land use or activity, or impose conditions in order to minimise any potential nuisance to surrounding neighbours or the general public.There is no restriction on coverage.A shelter structure may not exceed two storeys and its height is restricted to 8,5 metres to the top of the shelter.(i)Side building lines are at least 1 metre on one side or 1,5 metres in the case where the shelter has windows or doors.(ii)If a midblock sewage system is present, a rear building line of up to 2 metres may be required by the Municipality.(iii)The street building line is 1 metre, if required by the Municipality.“shooting range”Land use description: “shooting range” means an enclosed indoor facility or demarcated outdoor area designed, built or constructed and utilised by a person as a firing range with targets for the usual, regular, and primary activity of controlled firearm practice, shooting competitions, or firearm training on a commercial basis, and(a)may be restricted to certain types of arms, handguns or rifles, or can specialize in certain shooting sports;(b)must be constructed or designed in such a way, or where the improvements, size, geography, and vegetation of the area are such that any misdirected shot, that can reasonably be expected to be fired towards the targets, would not reasonably be expected to leave the range or otherwise pose a threat to life or property; and(c)may include ancillary activities, buildings and structures.Development parameters:(a)The Municipality must require a site development plan for a shooting range.(b)The site development plan as approved by the Municipality constitutes the development parameters.(c)The provisions for a site development plan in this By-law apply.“shop”Land use description: “shop” means property used for the retail sale of goods and services to the public, and(a)includes a retail concern where goods which are sold in such a concern are manufactured or repaired, a funeral parlour, flats above ground floor, service trade, ancillary sale of alcoholic beverages, clinic and the sale of motor vehicles; and(b)does not include a hotel, industry, supermarket, motor repair garage, open air motor vehicle display, service station, restaurant, adult entertainment, adult services, adult shop or a liquor store.Development parameters:The following development parameters apply:The maximum floor factor on the land unit is 1.The maximum coverage of all buildings on a land unit is 75%.(c)Height(i)The maximum height of a building is 12 metres to the top of the roof.(ii)The general provisions regarding earth banks and retaining structures in this By-law apply.(d)Street centreline setbackThe Municipality may require a street centreline setback, in which case all buildings or structures on the land unit must be set back 8 metres from the centre line of the abutting public street or streets.(e)Street boundary building lineThe street boundary building line is 0 metres, subject to the following conditions:(i)the street centreline setback restriction in subparagraph (d);(ii)minor architectural and sunscreen features may project beyond the street boundary building line provided that such features do not project more than 250 millimetres beyond the street boundary; and(iii)for service stations, the street boundary building line is 5 metres subject to the general building line encroachments in this By-law.(f)Side and rear boundary building linesThe side and rear boundary building lines are 0 metres.The Municipality may approve a canopy projection over the street boundary in accordance with the following conditions:(i)The canopy may not project nearer than 500 millimetres to a vertical plane through the kerb line or proposed kerb line.(ii)No portion of a canopy projection may be less than 2,8 metres above the pavement.(iii)The Municipality may lay down more restrictive requirements relating to the dimensions, design and materials of the canopy.(iv)The owner must enter into an encroachment agreement with the Municipality in the case of a canopy projection.The Municipality may require that the owner of a building which is to be situated at a public street corner, and which the Municipality considers to be significant, must incorporate in the building architectural features which focus visual interest on the corner, and which emphasise the importance of pedestrian movement around the corner; and such features may include building cut-offs, walk-through covered arcades, plazas or other elements.Parking and access must be provided on the land unit in accordance with this By-law, except in a case where the Municipality has approved alternative parking supply under subsection 43(1).Loading bays must be provided on the land unit in accordance with this By-law.The Municipality may require screening in accordance with this By-law.(l)Repair or manufacturing concern in a shopThe floor space relating to any manufacturing or repair concern in a shop may not comprise more than 40% of the floor space of the shop.The Municipality may require a refuse room to be provided on the land unit in accordance with this By-law.(n)When a shop is approved as a consent use in Business Zone V, the total floor space of the shop or shops may not exceed 5% of the floor space of the building.“smallholding”Land use description: “smallholding” means an extensive landholding, including a dwelling unit that is primarily a place of residence on which small scale agricultural activities may take place.Development parameters:Development parameters applicable to “agriculture” apply, except for the following:building lines: 5 metres from any boundary;Area: 4 hectares and smaller, but not smaller than 4000m².General: A site development plan must be submitted to the municipality for its approval."sports and recreation centre"Land use description: "sports and recreation centre" means an outdoor or indoor sports and recreation facility which may be public or privately owned and which may include sports grounds and fields, golf courses, a sports stadium, as well as ancillary and subservient facilities and amenities like a clubhouse with a restaurant and shop, gymnasium, ablution facilities, stores, and related administrative buildings.Development parameters:(a)The Municipality must require a site development plan for a sports and recreation centre.(b)The site development plan as approved by the Municipality constitutes the development parameters.(c)The provisions for a site development plan in this By-law apply.“supermarket”Land use description: “supermarket” means a shop having a total floor space in excess of m², in which a range of goods, including foodstuff and household goods, is offered for sale on a predominantly self-service basis.Development parameters:Development parameters applicable to “shop” apply.“telecommunication infrastructure”Land use description: “telecommunication infrastructure” means any part of the infrastructure of a telecommunication network for radio or wireless communication and—(a)includes voice, data and video telecommunications, which may include antennae; and any support structure, equipment room, radio equipment or optical communications equipment (laser or infra-red);(b)includes any ancillary structures needed for the operation of telecommunication infrastructure; and(c)does not include fibre optic installations and point-to-point copper (cable) installation and rooftop base telecommunication stations.Development parameters:As determined by the Municipality.“tourist accommodation”Land use description: “tourist accommodation” means a harmoniously designed and built holiday development, used for holiday or recreational purposes, whether in private or public ownership, that—(a)consists of a single enterprise that provides overnight accommodation by means of short-term rental or time sharing only;(b)may include the provision of a camping site, caravan park, chalets or mobile home park, resort shop, rooftop base telecommunication station, private or public roads; and(c)does not include a hotel or wellness centre.Development parameters:(a)The parameters of the existing lawful development apply as land use restrictions with regard to land which is deemed to be zoned as a resort zone with effect from the date of commencement of the Land Use Planning Act.(b)When land is rezoned to Resort Zone, the Municipality must lay down conditions with regard to density, layout, landscaping, and building design.(c)A site development plan must be submitted to the Municipality for its approval, clearly indicating the position of all structures, stands, services and internal roads.(d)Provided that if a hotel or wellness centre is approved as a consent use within Resort Zone, the following additional conditions apply:(i)Rooms may not be alienated by means of sectional title.(ii)The hotel may not accommodate more than 50% of the number of accommodation units.(iii)The architectural design of the hotel or wellness centre must conform to that of the rest of the resort.(iv)The maximum height for the hotel or wellness centre is 6,5 metres to the wall plate in all cases and 8,5 metres to the top of the roof in the case of a pitched roof.“tourist facilities”Land use description: “tourist facilities” means amenities for tourists or visitors and—(a)includes lecture rooms, restaurants, gift shops, restrooms, farmers market and recreational facilities; and(b)does not include an off-road trail, a hotel, wellness centre; or tourist accommodation.Development parameters:Development parameters applicable to “agriculture” apply.“town housing”Land use description: “town housing” means a row or group of linked or attached dwelling units, planned, designed and built as a harmonious architectural entity of which every dwelling unit has a ground floor and which dwelling units may be cadastrally subdivided.Development parameters:The development parameters of “group housing” apply, provided that:The maximum gross density on a town housing site is 60 dwelling units/hectare.The open space requirements for group housing do not apply to town housing.The maximum coverage for all buildings on a land unit is 60%.“transport use”Land use description: “transport use” means the use of land, a building or structure for the operation of a service for the transportation of goods (including liquids and gases) or passengers by means of rail, road, sea or pipeline and—(c)Includes the use of that land, building or structure for the purpose of a harbour, railway station, bus depot or taxi interchange, and a transport undertaking; and(d)Includes a public-private undertaking including a railway station, bus depot, multiple parking garage, taxi rank, public transport interchange, rooftop base telecom-munication station, harbour and ancillary purposes; and(c)does not include an airport, airfield; or helicopter landing pad.Development parameters:Development parameters applicable to “business premises” apply.“truck stop”Land use description: “truck stop” means a facility with direct access from a freeway, inner city road or major transport route which provides a range of rest, service and fuelling facilities for heavy duty, long haul vehicles and trucks, andDevelopment parameters:Development parameters are determined by the Municipality by means of conditions of approval for a truck stop as a consent use, provided that—(a)the Municipality must require a site development plan to be submitted for its approval; and(b)the site development plan must at least address matters pertaining to accommodation, vehicle access, placement of overnight parking and ablution facilities/rest rooms, screening and minimising any visual intrusion or operational disturbance to adjoining properties.“urban agriculture”Land use description: “urban agriculture” means the cultivation of crops, on relatively small areas within the urban area or edge, for own consumption or sale in neighbouring markets; provided that cultivation of a garden by an occupant is not regarded as urban agriculture for the purpose of this zoning scheme.Development parameters:As determined by the Municipality.“utility service”Land use description: “utility service” means a use or infrastructure that is required to provide engineering and associated services for the proper functioning of urban development and—(a)includes “authority use”;(b)a water reservoir and purification works, electricity substation, storm water retention facilities, and a waste-water pump station and treatment works, rooftop base telecommunication station and freestanding base telecommunication station; and(b)renewable energy structures or transport use; and(c)provided that a road is not regarded as a utility service.Development parameters:As determined by the Municipality.“wall of remembrance”Land use description: “wall of remembrance” is a wall in a cemetery or crematorium provided for the placement of inscribed tablets commemorating deceased persons.Development parameters:Development parameters applicable to “cemetery” and “crematorium” apply.“warehouse”Land use description: “warehouse” means a building used primarily for the storage of goods, except those that are offensive or dangerous and(a)includes property used for business of a predominantly wholesale nature, and(b)does not include property used for business of a predominantly retail nature.Development parameters:Development parameters applicable to “industry” apply.“wellness centre”Land use description: “wellness centre” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments such as massages, rehabilitation, exercise programmes, diet, instruction on wellness, life coaching, and facials which includes(a)facilities like saunas, pools, steam rooms, gymnasiums, treatment rooms, relaxation areas and whirlpools; and(b)the provision of meals to guests.Development parameters:Development parameters applicable to “tourist accommodation” apply.“winery”Land use description: “winery” means a place where wine is made, and may include a selling point to the general public and wine-tasting area.Development parameters:Development parameters applicable to “agriculture” apply.
Schedule 3
HEADING HEADING OVERLAY ZONES APPROVED IN TERMS OF SECTION 16
1. Subdivisional area overlay zone
1.1General purpose of Subdivisional Area Overlay ZoneThe subdivisional area overlay (SAO) zoning designates land for future subdivision with development rights by providing development directives through specific conditions as approved in terms of this By-law. The SAO zoning confirms the principle of development and acceptance of future subdivision of land; but not the detailed layout, which will be determined when an actual application for subdivision is approved.1.2Use of the propertyLand zoned as a subdivisional area may be subdivided as contemplated in the Municipal Planning By-law.1.3Development parametersWhen the municipality approves a subdivisional area overlay zone, it must impose conditions making provision for at least—(b)main land uses and the extent of such uses; and(c)a detailed phasing plan or a framework including—(i)main transport routes;(iii)bulk infrastructure;(iv)requirements of organs of state;(v)public open space requirements; and(vi)physical development constraints.2. Special planning area overlay zone
2.1General purpose of special planning area overlay zoneThe general purpose of a package of plans is to provide for a mechanism to plan and manage the development of large or strategic urban development areas which also provides for a greater degree of flexibility. The package of plans mechanism is a phased process of negotiation, planning and approvals, where appropriate levels of planning detail are approved together with conditions for those approvals.A special planning area overlay zone is generally created in respect of an application which involves a mixed use development proposal or where the development does not generally comply with the development parameters of the applicable land uses of this zoning scheme.2.2Use of the property2.2.1Primary uses are as stipulated in the conditions of approval imposed in terms of the Municipal Planning By-law.2.2.2Consent uses are as stipulated in the conditions of approval imposed in terms of the Municipal Planning By-law.2.3Development parameters2.3.1The Municipality must require a package of plans as set out in section 2.3.4 of Schedule 3 to be submitted for areas zoned as special planning area overlay zones.2.3.2The applicant must, during pre-application discussions with the Municipality, ascertain whether a package of plans procedure has to be followed.2.3.3The development parameters of the lowest order package of plans as contemplated in section 2.3.2 of Schedule 3 and as approved by the Municipality are the development parameters of the special planning overlay zone applicable to the property concerned2.3.4The package of plans consists of the following components that are listed in a hierarchy from higher-order to lower-order plans, and the lower-order plans must be in compliance with the higher-order plan:(a)Contextual framework(i)The contextual framework lays down broad land use policy for the development and the surrounding area.(ii)It may include principles or heads of agreement summarising the general obligations of the Municipality and the developer in relation to the development.(iii)The contextual framework may be prepared by the Municipality, or by a land owner or development agency under supervision of the Municipality, and may not be in conflict with a spatial development framework or structure plan approved by the Municipality.(b)Development framework(i)The development framework must identify overall policy, broad goals, and principles for development within the development.(ii)The development framework must identify the range of uses, general spatial distribution of uses, major transport and pedestrian linkages, infrastructure and any limits to development within the development, including but not limited to density and floor space.(c)Precinct plans(i)Precinct plans apply to specific areas within the development framework that have common features, functional relationships or phasing requirements.(ii)There may be several precinct plans that make up a development area.(iii)A precinct plan must describe in more detail the development objectives and intentions for a specific area in the development, as well as principles for urban form, land use, pedestrian links, traffic movement, floor space and environmental management.(d)Subdivision plans(i)Subdivision plans, if required, must be processed in terms of planning law to establish new cadastral boundaries and to facilitate the transfer of land units.(ii)Subdivision plans may be approved at any stage after the development framework has been approved, and the provisions of section 15(2) apply to such plans.(e)Site development plans(i)Site development plans depict more detailed design and development provisions for one or more land units within a development.(ii)These provisions may include (but are not limited to) details relating to land use, floor space, building lines, height, parking requirements, municipal services and landscaping, as well as details relating to the position and appearance of buildings, open space, pedestrian links and traffic movement.(iii)A site development plan may be required before or after a subdivision plan, and must provide for the information as required for a site development plan in terms of this By-law.(f)Building plans(i)Building plans contain detailed specifications as required by the National Building Regulations.(ii)Building work may only commence once building plans have been approved by the Municipality.2.3.5The Municipality may require all or only some of the components of the package of plans to be applied in respect of a particular development.2.3.6The Municipality may require that the area covered by a contextual framework must extend beyond the land under consideration if, in its opinion, the proposed development will have a wider impact, and the Municipality may determine the extent of that area.2.3.7In approving a package of plans, the Municipality must determine the total floor space or density permitted within the development which must be imposed as a condition of approval.2.3.8The allocation of floor space must take into account the carrying capacity of internal and external infrastructure including roads and utility services, and any urban design principles approved by the Municipality as part of a rezoning or contextual framework.2.3.9The approved floor space may remain as “floating floor space” assigned to the overall development for later allocation, or may be assigned to particular precincts when a precinct plan is approved; and in either case must be allocated to individual subdivisions or site development plans.2.3.10When a special planning area overlay zone and a package of plans is required in terms of this zoning scheme, the relevant components must be submitted to the Municipality for its approval before any development on a land unit can commence, provided that—(a)the development may not be refused if it is consistent with the development parameters of a base zone, overlay zone, or condition of approval; and(b)the Municipality may require amendments of detail to the site development plan to address reasonable concerns relating to access, parking, architectural form, urban form, landscaping, environmental management, engineering services or similar concerns.2.3.11The general provisions contained in this zoning scheme apply with regard to site development plans.
Schedule 4
Zoning Transition Table
Zoning Scheme Regulation |
RIVERSDAL ZONING SCHEME, 1977 |
HESSEQUA DRAFT ZONING SCHEME, 2018 |
Zoning |
Primary uses |
Zoning |
Primary uses |
RIVERSDAL |
AGRICULTURAL ZONES |
AgriculturalZone I
|
•Agriculture
|
AgriculturalZone I
|
•Agriculture
|
AgriculturalZone II
|
• Agricultureindustry
|
AgriculturalZone I
|
•Agriculture Industry (consent use)
|
RESIDENTIAL ZONES |
InformalResidentialZone
|
•Shelter
|
SingleResidentialZone III
|
•Shelter
|
ResidentialZone I
|
•Dwelling unit
|
SingleResidentialZone I
|
•Dwelling unit
|
• Placeof instruction
|
CommunityZone I
|
• Places of instruction |
• Place of public worship(Consent Use)
|
CommunityZone II
|
• Place of public worship |
ResidentialZone II
|
• GroupHousing
|
GeneralResidentialZone II
|
• GroupHousing
|
ResidentialZone III
|
• TownHousing
|
GeneralResidentialZone III
|
• TownHousing
|
ResidentialZone IV
|
• Flats |
GeneralResidentialZone IV
|
• Flats |
ResidentialZone V
|
• Residential Building |
Variouszonings
|
• Subject to land use/s |
BUSINESS ZONES |
BusinessZone I
|
•Business building
|
BusinessZone I
|
•Business premises
|
BusinessZone II
|
• Shop |
BusinessZone II
|
• Shop |
BusinessZone III
|
•Offices
|
BusinessZone IV
|
•Offices
|
BusinessZone IV
|
•Warehouse
|
IndustrialZone I
|
• Light Industry (Warehouse) |
BusinessZone V
|
• ServiceStation
|
BusinessZone VI
|
•Service Station
|
INDUSTRIAL ZONES |
IndustrialZone I
|
•Industrial
|
IndustrialZone I
|
• LightIndustrial
|
IndustrialZone II
|
•Noxious Trade
|
IndustrialZone III
|
•Noxious Trade
|
IndustrialZone III
|
• Mine |
IndustrialZone IV
|
• Mine |
COMMUNITY ZONES |
InstitutionalZone I
|
• Placeof instruction
|
CommunityZone I
|
•Placeof instruction
|
InstitutionalZone II
|
• Placeof public worship
|
UtilityZone
|
• Authority Use (Consent Use) |
InstitutionalZone III
|
•Institution
|
UtilityZone
|
• Authority Use (Consent Use) |
Zoning Scheme Regulation |
ZONING SCHEME, 1977 |
HESSEQUADRAFT ZONING SCHEME, 2018
|
Zoning |
Primary uses |
Zoning |
Primary uses |
RIVERSDAL |
RESORT ZONES |
Resort Zone I |
•Holiday accommodation
|
Resort Zone |
•Tourist accommodation
|
Resort Zone II |
•Holiday housing
|
OPEN SPACE ZONES |
OpensSpace Zone I
|
• Publicopen space
|
OpenSpace Zone I
|
• Publicopen space
|
OpensSpace Zone II
|
•Private open space
|
OpenSpace Zone II
|
•Private open space
|
OpenSpace Zone III
|
• Naturereserve
|
OpenSpace Zone IV
|
• Naturereserve
|
TRANSPORT ZONES |
TransportZone I
|
•Transport use
|
TransportZone I
|
•Transport use
|
TransportZone II
|
• Publicstreet
|
TransportZone II
|
• Publicstreet
|
TransportZone III
|
• Publicparking
|
TransportZone II
|
• Openpublic parking areas
|
UTILITY ZONE |
AuthorityZone
|
•Authority Use
|
UtilityZone
|
•Authority Zone
|
SPECIAL ZONE |
SpecialZone
|
• None |
Noprovision made
|
|
UNDETERMINED ZONE |
UndeterminedUseZone
|
•Existing uses only
|
UndeterminedUseZone
|
• None |
Footnote:> Zonings based on original zoning maps dated 1968 with updates to 1978;> Site investigations undertaken to verify business zonings in CBD and surrounds;> Investigations of decisions available on electronic records;> Verification using file records and available zoning certificates;> Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
STILBAAI |
STILBAAI ZONING SCHEME, 1989 |
HESSEQUADRAFT ZONING SCHEME, 2018
|
Zoning |
Primary uses |
Zoning |
Primary uses |
AGRICULTURE ZONE |
AgricultureZone
|
•Agriculture
|
AgricultureZone I
|
•Agriculture
|
GENERAL RESIDENTIAL ZONES |
ResidentialZone I
|
•Residential unit
|
SingleResidentialZone I
|
•Dwelling unit
|
ResidentialZone II
|
• DuetResidential unit
|
GeneralResidential Zone I
|
• Double dwelling unit |
ResidentialZone III
|
• GroupHouses
|
GeneralResidential Zone II
|
• Grouphousing
|
ResidentialZone IV
|
• Flats |
GeneralResidential Zone IV
|
• Flats |
ResidentialZone V
|
• Accommodationbuilding
|
Noprovision made
|
ResidentialZone VI
|
•Historical Housing
|
SingleResidentialZone I
|
• Additional provisions |
ResidentialZone VII
|
• Residential Unit, Shelter |
Single Residential Zone III |
•Dwelling unit, Shelter
|
BUSINESS ZONES |
BusinessZone I
|
•Business Building
|
BusinessZone I
|
•Business premises
|
BusinessZone II
|
•Offices
|
BusinessZone IV
|
•Offices
|
BusinessZone III
|
•Service station
|
BusinessZone VI
|
•Service station
|
BusinessZone IV
|
•Service Trade
|
BusinessZone VI (Consent Use)
|
•Service Trade
|
INSTITUTIONAL ZONES |
InstitutionalZone I
|
• Placeof instruction
|
CommunityZone I
|
•Placeof instruction
|
InstitutionalZone II
|
• Houseof worship
|
CommunityZone II
|
• Placeof worship
|
InstitutionalZone III
|
•Institution
|
CommunityZone III
|
•Institution
|
RESORT ZONES |
ResortZone I
|
•Holiday accommodation
|
ResortZone
|
• Tourist accommodation |
ResortZone II
|
•Holiday housing
|
OPEN SPACE ZONES |
OpenSpace Zone I
|
• Publicopen space
|
OpenSpace Zone I
|
• Publicopen space
|
OpenSpace Zone II
|
•Private open space
|
OpenSpace Zone II
|
•Private open space
|
OpenSpace Zone III
|
• Naturereserve
|
OpenSpace Zone IV
|
• Naturereserve
|
TRANSPORT ZONES |
TransportZone I
|
•Transport undertaking
|
TransportZone I
|
•Transport use
|
TransportZone II
|
• Publicparking
|
TransportZone II
|
• Publicparking
|
TransportZone III
|
• Publicroad
|
TransportZone II
|
• Publicstreet
|
Zoning Scheme Regulation |
STILBAAI ZONING SCHEME, 1989 |
HESSEQUADRAFT ZONING SCHEME, 2018
|
Zoning |
Primary uses |
Zoning |
Primary uses |
STILBAAI |
STREET |
Street |
• Street |
TransportZone II
|
• Publicstreet
|
Parking |
•Private open space
|
OpenSpace Zone II
|
•Private open space
|
SPECIAL |
Special |
Specialpurposes
|
Noprovision made
|
UNDETERMINED ZONE |
UndeterminedUseZone
|
• None |
UndeterminedUseZone
|
• None |
Foot note:Zonings based on original zoning maps;Site investigations undertaken to verify zonings;Investigations of decisions available on electronic records;Verification using file records and available zoning certificates;Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Zoning Scheme Regulations |
SECTION 8 ZONING SCHEME, 1988 |
HESSEQUA DRAFT ZONING SCHEME, 2018 |
Zoning |
Primary uses |
Zoning |
Primary uses |
SECTION 8 |
AGRICULTURAL ZONES |
AgriculturalZone I
|
•Agriculture
|
Agricultural Zone I |
•Agriculture
|
AgriculturalZone II
|
•Agriculture industry
|
Agricultural Zone I |
•Agriculture Industry (consent use)
|
RESIDENTIAL ZONES |
InformalResidential Zone
|
•Shelter•Dwelling unit
|
SingleResidential Zone III
|
•Shelter
|
ResidentialZone I
|
•Dwelling unit
|
SingleResidentialZone I
|
•Dwelling unit
|
ResidentialZone II
|
• Grouphouse
|
GeneralResidential Zone II
|
• Grouphousing
|
ResidentialZone III
|
• Townhouse
|
GeneralResidential Zone III
|
• Townhousing
|
ResidentialZone IV
|
• Flats |
GeneralResidential Zone IV
|
• Flats |
ResidentialZone V
|
• Residential building |
Variouszonings
|
• Subject to land use/s |
BUSINESS ZONES |
BusinessZone I
|
•Business premises
|
BusinessZone I
|
•Business premises
|
BusinessZone II
|
• Shop |
BusinessZone II
|
• Shop |
BusinessZone III
|
• Neighbourhood Shop |
BusinessZone III
|
•Offices
|
BusinessZone IV
|
•Offices
|
BusinessZone IV
|
•Warehouse
|
IndustrialZone I
|
• Lightindustry
|
BusinessZone V
|
•Service Station
|
BusinessZone VI
|
•Service station
|
INDUSTRIAL ZONES |
IndustrialZone I
|
•Industry
|
IndustrialZone II
|
•Industry
|
IndustrialZone II
|
•Noxious trade
|
IndustrialZone III
|
•Noxious trade
|
IndustrialZone III
|
• Mining |
IndustrialZone IV
|
• Mine |
INSTITUTIONAL ZONES |
InstitutionalZone I
|
• Placeof instruction
|
CommunityZone I
|
•Placeof instruction
|
InstitutionalZone II
|
• Houseof worship
|
CommunityZone II
|
• Placeof worship
|
InstitutionalZone III
|
•Institution
|
CommunityZone III
|
•Institution
|
RESORT ZONES |
ResortZone I
|
•Holiday accommodation
|
ResortZone
|
•Tourist accommodation
|
ResortZone II
|
•Holiday housing
|
Non-conforming |
OPEN SPACE ZONES |
Open Space ZoneI
|
• Publicopen space
|
OpenSpace Zone I
|
• Publicopen space
|
OpenSpace ZoneII
|
•Private open space
|
OpenSpace Zone II
|
•Private open space
|
OpenSpace ZoneIII
|
• Naturereserve
|
OpenSpace Zone IV
|
• Naturereserve
|
Zoning Scheme Regulations |
ZONING SCHEME, 1988 |
DRAFT ZONING SCHEME, 2016 |
Zoning |
Primary uses |
Zoning |
Primary uses |
SECTION 8 |
TRANSPORT AND UTILITY ZONES |
TransportZone I
|
•Transport usage
|
TransportZone I
|
•Transport use
|
TransportZone II
|
• Publicroad
|
TransportZone II
|
• Publicstreet
|
TransportZone III
|
• Publicparking
|
TransportZone I
|
•Transport use
|
AUTHORITY ZONE |
AuthorityZone
|
•Authority usage
|
UtilityZone
|
•Utility Service Authority Use (consent use)
|
SPECIAL ZONE |
SpecialZone
|
•Special usage
|
Noprovision made
|
UNDETERMINED ZONE |
UndeterminedZone
|
• None |
UndeterminedUseZone
|
• None |
Foot note:No zoning register or maps maintained in Section 8 Zoning Scheme areas;Site investigations undertaken to verify zonings;Investigations of decisions available on electronic records;Verification using file records and available zoning certificates;Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Zoning Scheme Regulation |
HEIDELBERG ZONING SCHEME, 1984 |
HESSEQUA DRAFT ZONING SCHEME, 2018 |
Zoning |
Primary uses |
Zoning |
Primary uses |
|
AGRICULTURAL ZONES |
|
AgriculturalZone
|
• Agricultural buildings |
AgriculturalZone I
|
•Agriculture
|
|
SINGLE RESIDENTIAL ZONES |
|
Single Residential Zone |
•Dwelling unit
|
SingleResidentialZone I
|
•Dwelling unit
|
|
InformalResidential Zone
|
•Shelter•Dwelling unit
|
SingleResidential Zone III
|
•Shelter
|
|
GENERAL RESIDENTIAL ZONES |
|
GeneralResidential Zone
|
•Dwelling units
|
GeneralResidential Zone I
|
• Double dwelling unit |
|
|
• Residential buildings |
GeneralResidential Zone IV
|
• Backpackersaccommodation, Boarding accommodation, Retirement resort (Consent Use)
|
|
|
• Flats |
GeneralResidential Zone IV
|
• Flats |
|
|
• Guesthouses
|
GeneralResidential Zone V
|
• Guestlodge
|
HEIDELBERG |
|
• Hotel |
GeneralResidential Zone VI
|
• Hotel |
|
SPECIAL RESIDENTIAL ZONE |
|
SpecialResidential Zone
|
•Special dwellings•Public housing
|
GeneralResidential Zone III
|
• Townhousing
|
|
GROUP HOUSING ZONE |
|
GroupHousingZone
|
• Group housing |
GeneralResidential Zone II
|
• Grouphousing
|
|
BUSINESS ZONES |
|
BusinessZone
|
•Business buildings
|
BusinessZone I
|
• Business premises |
|
|
• Hotel |
BusinessZone I
|
•Business premises
|
|
|
• Flats above ground floor |
BusinessZone I
|
•Business premises
|
|
|
• Residential buildings aboveground floor
|
BusinessZone I
|
•Business premises
|
|
LOCAL BUSINESS ZONES |
|
LocalBusinessZone
|
• Shops |
BusinessZone II
|
• Shop |
|
|
• Flats above ground floor |
BusinessZone II
|
• Flats(consent use)
|
|
LIGHT INDUSTRIAL ZONE |
|
LightIndustrialZone
|
•Light industrial buildings•Warehouses
|
IndustrialZone I
|
• Lightindustry
|
Zoning Scheme Regulation |
HEIDELBERG ZONING SCHEME, 1984 |
HESSEQUA DRAFT ZONING SCHEME, 2018 |
Zoning |
Primary uses |
Zoning |
Primary uses |
HEIDELBERG |
INDUSTRIAL ZONE |
IndustrialZone
|
•Industrial buildings
|
IndustrialZone II
|
• Industry |
IndustrialZone
|
•Warehouses
|
IndustrialZone I
|
• Light industry |
IndustrialZone III
|
• Publicgarages
|
IndustrialZone III
|
• Noxious trade |
NOXIOUS INDUSTRY |
NoxiousIndustryZone
|
•Offensive trade buildings•Public garages
|
IndustrialZone III
|
•Noxious trade
|
MOTOR GARAGE |
MotorGarageZone
|
•Service station
|
BusinessZone VI
|
•Service Station
|
WORSHIP ZONE |
WorshipZone
|
• Placesof Public worship
|
CommunityZone I
|
• Placeof Public worship
|
CONSERVATION ZONE |
ConservationZone
|
• As described in clause 3.14 |
OpenSpace III
|
• Nature conservation area |
UNDETERMINED ZONE |
UndeterminedZone
|
•Existing uses only
|
UndeterminedUseZone
|
• None |
Footnote:> Zonings based on original zoning maps from Heidelberg Local Municipality;> Site investigations undertaken to verify zonings;> Investigations of decisions available on electronic records;> Verification using file records and available zoning certificates;> Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Zoning Scheme Regulation |
SLANGRIVIER ZONING SCHEME, 1984 |
HESSEQUA DRAFT ZONING SCHEME, 2018 |
Zoning |
Primary uses |
Zoning |
Primary uses |
SLANGRIVIER |
AGRICULTURAL ZONES |
AgriculturalZone
|
• Agricultural buildings |
AgriculturalZone I
|
•Agriculture
|
SINGLE RESIDENTIAL ZONES |
Single Residential Zone |
•Dwelling unit
|
SingleResidentialZone I
|
•Dwelling unit
|
InformalResidential Zone
|
•Shelter•Dwelling unit
|
SingleResidential Zone III
|
•Shelter
|
GENERAL RESIDENTIAL ZONES |
GeneralResidential Zone
|
•Dwelling units
|
GeneralResidential Zone I
|
• Doubledwelling unit
|
• Residential buildings |
GeneralResidential Zone IV
|
•Backpackers lodge, Boarding accommodation, Retirement resort (Consent Use)
|
• Flats |
GeneralResidential Zone IV
|
• Flats |
• Guesthouses
|
GeneralResidential Zone V
|
• Guestlodge
|
• Hotel |
GeneralResidential Zone VI
|
• Hotel |
SPECIAL RESIDENTIAL ZONE |
Special ResidentialZone
|
•Special dwellings•Public housing
|
GeneralResidential Zone III
|
• Townhousing
|
GROUP HOUSING ZONE |
GroupHousingZone
|
• Grouphousing
|
GeneralResidential Zone II
|
• Grouphousing
|
BUSINESS ZONES |
BusinessZone
|
•Business buildings
|
BusinessZone I
|
•Business premises
|
• Hotel |
BusinessZone I
|
•Business premises
|
• Flats above ground floor |
BusinessZone I
|
•Business premises
|
• Residential buildings aboveground floor
|
BusinessZone I
|
•Business premises
|
LOCAL BUSINESS ZONES |
LocalBusinessZone
|
• Shops |
BusinessZone II
|
• Shop |
• Flats above ground floor |
BusinessZone II
|
• Flats(consent use)
|
LIGHT INDUSTRIAL ZONE |
LightIndustrialZone
|
•Light industrial buildings•Warehouses
|
IndustrialZone I
|
• Lightindustry
|
INDUSTRIAL ZONE |
IndustrialZone I
|
•Industrial buildings
|
IndustrialZone II
|
•Industry
|
IndustrialZone II
|
•Warehouses
|
IndustrialZone I
|
• Lightindustry
|
IndustrialZone III
|
• Publicgarages
|
IndustrialZone III
|
•Noxious trade
|
Zoning Scheme Regulation |
SLANGRIVIER ZONING SCHEME, 1984 |
HESSEQUADRAFT ZONING SCHEME, 2018
|
Zoning |
Primary uses |
Zoning |
Primary uses |
SLANGRIVIER |
NOXIOUS INDUSTRY |
NoxiousIndustryZone
|
•Offensive trade buildings•Public garages
|
IndustrialZone III
|
•Noxious trade
|
MOTOR GARAGE |
MotorGarageZone
|
•Service station
|
BusinessZone VI
|
•Service Station
|
WORSHIP ZONE |
WorshipZone
|
• Placesof Public worship
|
CommunityZone I
|
• Placeof Public worship
|
CONSERVATION ZONE |
ConservationZone
|
• Asdescribed in clause 3.14
|
OpenSpace III
|
• Natureconservation area
|
SPECIAL ZONE |
SpecialZone
|
Asdescribed in clause 5.0
|
Noprovision made
|
UNDETERMINED ZONE |
UndeterminedZone
|
•Existing uses only
|
UndeterminedUseZone
|
• None |
Footnote:> Zonings based on original zoning maps from Slangrivier Local Municipality;> Site investigations undertaken to verify zonings;> Investigations of decisions available on electronic records;> Verification using file records and available zoning certificates;> Primary land uses operated under an approved consent use were assigned a zoning in terms of the provisions of section 20(3)(b) of this By-law.
Schedule 5
ZONING SCHEME FORMULATION AND FINALISATION PROCESS
Inception and initial public participationThe process of drafting an integrated zoning scheme for the Hessequa Municipal area was initiated in 2006. The first draft document, which was based on a Model produced by the Western Cape Provincial Government, was produced in 2007.After intensive scrutiny and inputs by all members of the local planning fraternity the initial Draft Integrated Zoning Scheme Regulations was advertised in the local press and a public open day session was held in June 2009 to obtain comments and inputs from members of the public.Comments were processed and consequent amendments were made to the document after which a final round of public participation was held in August 2011.Approval - processIn 2012 the final draft Integrated Zoning Scheme Regulations were adopted by the Council of Hessequa Municipality to be submitted to the MEC for approval in terms of Section 9 of the Land Use Planning Ordinance, 1985.A planning law reform process had begun in 2012 and the zoning scheme had to be revisited in order to comply with new legislation. As a result of the law reform process, zoning scheme regulation can no longer be adopted by the MEC but it will become municipal By-laws. Council resolved to rescind the former decision to adopt the final draft Integrated Zoning Scheme Regulations and to work in conjunction with the Western Cape Provincial Government in the process of drafting a revised standard zoning scheme.Model - Standard Zoning Scheme By-lawHessequa Municipality worked in close collaboration with the Western Cape Provincial Government throughout the process of drafting a new Standard Zoning Scheme By-law (SZSB) which was to a large extent informed by the former draft Integrated Zoning Scheme Regulations. The WCPG made the final draft SZSB available in March 2016 and the final document was released in June 2016.Public - participationThe first draft HIZSB was advertised in the Provincial Gazette, Nr. 7868 on 31 January 2018. After comments were incorporated in the first draft HIZSB the second draft was advertised in June 2018. The comments received were also addressed and final changes applied to the document.Minor changes were made to the SZSB to ensure consistency between the Hessequa Integrated Zoning Scheme By-law and municipal policies and development frameworks. The public participation in respect of the draft Hessequa Integrated Zoning Scheme By-law (HIZSB) commenced in November 2017 and entailed the following:• A newsletter distributed with municipal accounts to create awareness of the public participation process;• Notices published in the South Cape Forum on 1 February 2018 and 31 March 2018;• Copies of the draft Hessequa Integrated Zoning Scheme By-law and A4 posters and A2 Zoning Maps were posted at all municipal offices;• A notice posted on the municipal website as well as a copy of the draft document and a link to the zoning maps was uploaded to the website;• Notices were broadcasted on Facebook;• Public open day sessions were held on:o 19 March 2018, Civic Hall, Civic Centre, Riversdale;o 20 March 2018, Civic Hall, Civic Centre, Still Bay;o 22 March 2018, Civic Hall, Civic Centre Heidelberg;o 23 March 2018, Community Hall, Gouritsmond;o 26 March 2018, Community Hall, Witsand;o 11 April 2018, Civic Hall, Civic Centre, Albertinia.• Flyers were distributed via the South African Post Office to all registered post boxes and copies of flyers were left at various public offices.Final - adoptionThe final draft Hessequa Zoning Scheme By-law was adopted by the Council of Hessequa Municipality in terms of Section 12 of the Municipal Systems Act, Act 32 of 2000, at a meeting held on 27 June 2018. Final promulgation of the Hessequa Zoning Scheme By-law was published in the Provincial Gazette of ………………..2018.
Schedule 6
TOWN PLANNING AND ZONING SCHEMES REPEALED BY SECTION 33 OF THE LAND USE PLANNING ACT
Title |
Year |
Riversdale Town Planning Regulations |
September 1985 |
Still Bay Town Planning Scheme Regulations |
May 2001 |
Heidelberg Town Planning Scheme Regulations |
December 1983 |
Zoning Scheme Regulations in terms of Section 8 of the Land Use Planning Ordinance, 1985 |
December 1988 |
Slangrivier Town Establishment Conditions |
June 1980 |